Connecticut 2022 Regular Session

Connecticut Senate Bill SB00105 Compare Versions

OldNewDifferences
11
22
3-
4-Senate Bill No. 105
5-
6-Public Act No. 22-123
3+LCO 1200 \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-R01-
4+SB.docx
5+1 of 53
6+
7+General Assembly Raised Bill No. 105
8+February Session, 2022
9+LCO No. 1200
10+
11+
12+Referred to Committee on HIGHER EDUCATION AND
13+EMPLOYMENT ADVANCEMENT
14+
15+
16+Introduced by:
17+(HED)
18+
719
820
921 AN ACT CONCERNING RECOMMENDATIONS BY THE OFFICE OF
10-HIGHER EDUCATION AND EXTENDING THE TIME TO CONDUCT A
11-SEXUAL MISCONDUCT CLIMATE ASSESSMENT AT INSTITUTIONS
12-OF HIGHER EDUCATION.
22+HIGHER EDUCATION.
1323 Be it enacted by the Senate and House of Representatives in General
1424 Assembly convened:
1525
16-Section 1. Section 4-5 of the 2022 supplement to the general statutes,
17-as amended by section 6 of public act 17-237, section 279 of public act
18-17-2 of the June special session, section 20 of public act 18-182, section
19-283 of public act 19-117 and section 254 of public act 21-2 of the June
20-special session, is repealed and the following is substituted in lieu
21-thereof (Effective July 1, 2022):
22-As used in sections 4-6, 4-7 and 4-8, the term "department head"
23-means Secretary of the Office of Policy and Management, Commissioner
24-of Administrative Services, Commissioner of Revenue Services,
25-Banking Commissioner, Commissioner of Children and Families,
26-Commissioner of Consumer Protection, Commissioner of Correction,
27-Commissioner of Economic and Community Development, State Board
28-of Education, Commissioner of Emergency Services and Public
29-Protection, Commissioner of Energy and Environmental Protection,
30-Commissioner of Agriculture, Commissioner of Public Health,
31-Insurance Commissioner, Labor Commissioner, Commissioner of Senate Bill No. 105
32-
33-Public Act No. 22-123 2 of 58
34-
35-Mental Health and Addiction Services, Commissioner of Social Services,
36-Commissioner of Developmental Services, Commissioner of Motor
37-Vehicles, Commissioner of Transportation, Commissioner of Veterans
38-Affairs, Commissioner of Housing, Commissioner of Rehabilitation
39-Services, the Commissioner of Early Childhood, the executive director
40-of the Office of Military Affairs, the executive director of the Technical
41-Education and Career System, [and] the Chief Workforce Officer and the
42-executive director of the Office of Higher Education. As used in sections
43-4-6 and 4-7, "department head" also means the Commissioner of
44-Education.
45-Sec. 2. Section 10a-1d of the general statutes is repealed and the
46-following is substituted in lieu thereof (Effective July 1, 2022):
47-(a) There is established an Office of Higher Education. The Office of
48-Higher Education shall administer the programs set forth in sections 10-
49-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f,
50-inclusive, as amended by this act, 10a-35, 10a-166, 10a-168a, 10a-169a,
51-10a-169b and 10a-173. The Office of Higher Education shall be
52-responsible for approving any action taken pursuant to sections 10a-34
53-to 10a-34f, inclusive, as amended by this act, and for disseminating
54-information throughout the state regarding postsecondary education
55-opportunities available in the state.
56-(b) The Governor shall appoint an executive director of the Office of
57-Higher Education in accordance with the provisions of sections 4-5 to 4-
58-8, inclusive, as amended by this act. The executive director shall have
59-the responsibility for implementing the policies and directives of the
60-office. [and shall have additional responsibilities as the board may
61-prescribe.]
62-Sec. 3. Section 10a-34 of the 2022 supplement to the general statutes
63-is repealed and the following is substituted in lieu thereof (Effective July
64-1, 2022): Senate Bill No. 105
65-
66-Public Act No. 22-123 3 of 58
67-
68-(a) For the purposes of this section, (1) "program of higher learning"
69-means any course of instruction for which it is stated or implied that
70-college or university-level credit may be given or may be received by
71-transfer, including any course offered by dual enrollment; (2) "degree"
72-means any letters or words, diploma, certificate or other symbol or
73-document which signifies satisfactory completion of the requirements
74-of a program of higher learning; (3) "institution of higher education"
75-means any person, school, board, association, limited liability company
76-or corporation which is [licensed or accredited] authorized to offer one
77-or more programs of higher learning leading to one or more degrees; (4)
78-["license" means the authorization by the Office of Higher Education to
79-operate a program of higher learning or institution of higher education
80-for a specified initial period; (5) "accreditation"] "authorization" means
81-the [authorization by said office to] approval by the Office of Higher
82-Education to operate or continue operating a program of higher learning
83-or institution of higher education for subsequent periods, and in such
84-periods to confer specified degrees; [(6)] (5) "program modification"
85-means (A) a change in a program of higher learning that does not clearly
86-qualify as a new program of higher learning or a nonsubstantive change,
87-including, but not limited to, a new program of higher learning
88-consisting primarily of course work for a previously approved program
89-of higher learning, (B) an approved program of higher learning to be
90-offered at an off-campus location, (C) a change in the title of a degree,
91-or (D) a change in the title of a program of higher learning; and [(7)] (6)
92-"nonsubstantive change" means (A) a new undergraduate certificate
93-program, within an existing program of higher learning, of not more
94-than thirty semester credit hours that falls under an approved program
95-of higher learning, (B) a new baccalaureate minor of not more than
96-eighteen semester credit hours, (C) a new undergraduate option or
97-certificate program of not more than fifteen semester credit hours, or (D)
98-a new graduate option or certificate program of not more than twelve
99-semester credit hours. Senate Bill No. 105
100-
101-Public Act No. 22-123 4 of 58
102-
103-(b) The Office of Higher Education shall establish regulations, in
104-accordance with chapter 54, concerning the requirements for [licensure
105-and accreditation, such regulations to concern] authorization,
106-administration, finance, faculty, curricula, library, student admission
107-and graduation, plant and equipment, records, catalogs, program
108-announcements and any other criteria pertinent thereto, as well as the
109-periods for which [licensure and accreditation] authorization may be
110-granted, and the costs and procedures of evaluations as provided in
111-subsections (c), (d) and (i) of this section. [Said office shall establish
112-academic review commissions to hear each appeal of a denial by said
113-office of an application by an institution of higher education for
114-licensure or accreditation of a program of higher learning or institution
115-of higher education. For each individual appeal, the executive director
116-of said office, or the executive director's designee, shall select a
117-commission that is comprised of four higher education representatives
118-and five business and industry representatives chosen from a panel of
119-thirty-five members, who shall be appointed as follows: (1) The
120-Governor shall appoint five members; (2) the speaker of the House of
121-Representatives shall appoint five members; (3) the president pro
122-tempore of the Senate shall appoint five members; (4) the majority
123-leader of the House of Representatives shall appoint five members; (5)
124-the majority leader of the Senate shall appoint five members; (6) the
125-minority leader of the House of Representatives shall appoint five
126-members; and (7) the minority leader of the Senate shall appoint five
127-members. The executive director of said office, or the executive
128-director's designee, shall ensure that each commission contains at least
129-one member appointed by each of the appointing authorities. Each
130-appointing authority shall select both higher education representatives
131-and business and industry representatives, but not more than three from
132-either category of representatives.]
133-(c) No person, school, board, association or corporation shall confer
134-any degree unless authorized by act of the General Assembly. No Senate Bill No. 105
135-
136-Public Act No. 22-123 5 of 58
137-
138-application for authority to confer any such degree shall be approved
139-by the General Assembly or any committee thereof, nor shall any such
140-authority be included in any charter of incorporation until such
141-application has been evaluated and approved by the Office of Higher
142-Education in accordance with regulations established by the Office of
143-Higher Education.
144-(d) The Office of Higher Education shall review all requests and
145-applications for program modifications, nonsubstantive changes [,
146-licensure and accreditation] and authorizations. The office shall review
147-each application in consideration of the academic standards set forth in
148-the regulations for [licensure and accreditation] authorization adopted
149-by said office in accordance with the provisions of subsection (b) of this
150-section. Notwithstanding the provisions of section 10a-34e, as amended
151-by this act, any application that is determined by the office to be for (1)
152-a program modification that meets all such academic standards, (2) a
153-nonsubstantive change, [(3) licensure, or (4) accreditation] or (3)
154-authorization shall be deemed approved, and the office shall notify the
155-institution of such approval, not later than forty-five days from the date
156-the office receives such application without requiring any further action
157-from the applicant.
158-(e) If the executive director of the Office of Higher Education, or the
159-executive director's designee, determines that further review of an
160-application is needed due at least in part to the applicant offering
161-instruction in a new program of higher learning or new degree level or
162-the financial condition of the institution of higher education is
163-determined to be at risk of imminent closure as a result of a financial
164-screening conducted pursuant to the provisions of section 4 of this act,
165-then the executive director or the executive director's designee shall
166-conduct a focused or on-site review. Such applicant shall have an
167-opportunity to state any objection regarding any individual selected to
168-review an application on behalf of the executive director. For purposes Senate Bill No. 105
169-
170-Public Act No. 22-123 6 of 58
171-
172-of this subsection and subsection (f) of this section, "focused review"
173-means a review by an out-of-state curriculum expert; and "on-site
174-review" means a full team evaluation by the office at the institution of
175-higher education.
176-(f) The executive director of the Office of Higher Education, or the
177-executive director's designee, may require (1) a focused or on-site
178-review of any program application in a field requiring a license to
179-practice in Connecticut, and (2) evidence that a program application in
180-a field requiring a license to practice in Connecticut meets the state or
181-federal licensing requirements for such license.
182-(g) Any application for [licensure] authorization of a new institution
183-in this state shall be subject to an on-site review upon a determination
184-by the Office of Higher Education that the application is complete and
185-shall be reviewed at the institutional level for each program as described
186-in subsection (b) of this section. Such process shall be completed not
187-later than nine months from the date said office receives the application.
188-(h) If the Office of Higher Education denies an application for
189-[licensure or accreditation] authorization of a program or institution of
190-higher education, the applicant may appeal the denial not later than ten
191-days from the date of denial. [The academic review commission shall
192-review the appeal and make a decision on such appeal not later than
193-thirty days from the date the applicant submits the appeal to said office]
194-The office shall conduct a hearing in accordance with the requirements
195-of chapter 54 to hear such appeal.
196-(i) No person, school, board, association or corporation shall operate
197-a program of higher learning or an institution of higher education unless
198-it has been [licensed or accredited] authorized by the Office of Higher
199-Education, nor shall it confer any degree unless it has been [accredited]
200-authorized in accordance with this section. The office shall accept
201-[regional] accreditation recognized by the Secretary of the United States Senate Bill No. 105
202-
203-Public Act No. 22-123 7 of 58
204-
205-Department of Education, in satisfaction of the requirements of this
206-subsection unless the office finds cause not to rely upon such
207-accreditation. If any institution of higher education provides evidence
208-of programmatic accreditation, the office may consider such
209-accreditation in satisfaction of the requirements of this subsection and
210-deem the program at issue in the application for accreditation to be
211-accredited in accordance with this section. [National accreditation for
212-Connecticut institutions of higher education accredited prior to July 1,
213-2013, shall be accepted as being in satisfaction of the requirements of
214-this subsection unless the office finds cause not to rely on such national
215-accreditation.]
216-(j) No person, school, board, association or corporation shall use in
217-any way the term "junior college" or "college" or "university" or use any
218-other name, title, literature, catalogs, pamphlets or descriptive matter
219-tending to designate that it is an institution of higher education, or that
220-it may grant academic or professional degrees, unless the institution
221-[possesses a license from, or] has been [accredited] authorized by [,] the
222-office, nor shall it offer any program of higher learning without
223-[approval] authorization of the Office of Higher Education.
224-(k) [Accreditation] Authorization of any program or institution or
225-authority to award degrees granted in accordance with law prior to July
226-1, 1965, shall continue in effect unless the Office of Higher Education
227-determines that an institution is at risk of imminent closure as a result
228-of a financial screening conducted pursuant to the provisions of section
229-4 of this act.
230-(l) Notwithstanding the provisions of subsections (b) to (j), inclusive,
231-of this section and subject to the authority of the State Board of
232-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 Senate Bill No. 105
236-
237-Public Act No. 22-123 8 of 58
238-
239-such institution until June 30, 2023, and for up to fifteen new programs
240-of higher learning in any academic year or any program modifications
241-proposed by such institution on and after July 1, 2023, provided (1) the
242-institution maintains eligibility to participate in financial aid programs
243-governed by Title IV, Part B of the Higher Education Act of 1965, as
244-amended from time to time, (2) the United States Department of
245-Education has not determined that the institution has a financial
246-responsibility score that is less than 1.5 for the most recent fiscal year for
247-which the data necessary for determining the score is available, and (3)
248-the institution has been located in the state and accredited as a degree-
249-granting institution in good standing for ten years or more by a regional
250-accrediting association recognized by the Secretary of the United States
251-Department of Education and maintains such accreditation status. Each
252-institution that is exempt from program approval by the Office of
253-Higher Education under this subsection shall file with the office (A) on
254-and after July 1, 2023, an application for approval of any new program
255-of higher learning in excess of fifteen new programs in any academic
256-year, (B) a program actions form, as created by the office, prior to
257-students enrolling in any new program of higher learning or any
258-existing program subject to a program modification, and (C) not later
259-than July first, and annually thereafter, (i) until June 30, 2024, a list and
260-brief description of any new programs of higher learning introduced by
261-the institution in the preceding academic year and any existing
262-programs of higher learning discontinued by the institution in the
263-preceding academic year, (ii) the institution's current program approval
264-process and all actions of the governing board concerning approval of
265-any new program of higher learning, and (iii) the institution's financial
266-responsibility composite score, as determined by the United States
267-Department of Education, for the most recent fiscal year for which the
268-data necessary for determining the score is available.
269-Sec. 4. (NEW) (Effective July 1, 2023) (a) For the purposes of this
270-section: Senate Bill No. 105
271-
272-Public Act No. 22-123 9 of 58
273-
274-(1) "Accrediting agency" means an accrediting association recognized
275-by the Secretary of the United States Department of Education,
276-(2) "At risk of imminent closure" means a determination made by the
277-Office of Higher Education as a result of an annual financial screening
278-that an independent institution of higher education is at risk of being
279-unable to continue operations or substantially fulfill its obligations to
280-enrolled and admitted students for the balance of the current and
281-subsequent academic year, and
282-(3) "Financial screening'' means a review and evaluation of financial
283-information for the purpose of determining whether the financial status
284-of an institution of higher education indicates that such institution may
285-be at risk of imminent closure.
286-(b) The Office of Higher Education shall enter into a memorandum of
287-understanding with one or more accrediting agencies to conduct an
288-annual financial screening of each independent institution of higher
289-education in the state. If an independent institution of higher education
290-does not complete an annual financial screening with an accrediting
291-agency, such financial screening shall be conducted by the office in the
292-form and manner prescribed by the executive director of said office. The
293-office may determine that an independent institution of higher
294-education is at risk of imminent closure through (1) a financial screening
295-conducted by the office, or (2) acceptance by the office of such
296-determination made by an accrediting agency. Upon determining that
297-an independent institution of higher education is at risk of imminent
298-closure, the office shall submit a summary of the reasons for such
299-determination to such institution.
300-(c) Upon receiving a summary from the Office of Higher Education
301-that an independent institution of higher education has been
302-determined to be at risk of imminent closure, such institution shall
303-submit to the office, in the form and manner prescribed by the executive Senate Bill No. 105
304-
305-Public Act No. 22-123 10 of 58
306-
307-director of said office, (1) notice of any known financial liability or risk,
308-(2) any information necessary to accurately determine and monitor the
309-institution's financial status and risk of imminent closure, and (3) an
310-updated closure plan approved by the governing board of such
311-institution pursuant to subsection (c) of section 10a-34e of the general
312-statutes, as amended by this act.
313-(d) If any independent institution of higher education in the state fails
314-to comply with the requirements of this section, the executive director
315-of the Office of Higher Education may request the suspension of any
316-state funding designated for such institution, establish a date to suspend
317-or revoke such institution's degree-granting authority or impose such
318-other penalties the executive director deems appropriate.
319-(e) No financial information or record submitted to the Office of
320-Higher Education pursuant to this section shall be deemed a public
321-record for the purposes of the Freedom of Information Act, as defined
322-in section 1-200 of the general statutes, and shall not be subject to
323-disclosure under the provisions of section 1-210 of the general statutes.
324-Sec. 5. Section 10a-34c of the general statutes is repealed and the
325-following is substituted in lieu thereof (Effective July 1, 2022):
326-The executive director of the Office of Higher Education may conduct
327-an investigation and, through the Attorney General, maintain an action
328-in the name of the state against any person, school, board, association or
329-corporation to restrain or prevent the establishment or operation of an
330-institution that is not [licensed, accredited or] authorized to award
331-degrees by the Office of Higher Education pursuant to the provisions of
332-section 10a-34, as amended by this act.
333-Sec. 6. Section 10a-34e of the 2022 supplement to the general statutes
334-is repealed and the following is substituted in lieu thereof (Effective July
335-1, 2022): Senate Bill No. 105
336-
337-Public Act No. 22-123 11 of 58
338-
339-(a) The Office of Higher Education may conduct any necessary
340-review, inspection or investigation regarding applications for [licensure
341-or accreditation] authorization or possible violations of this section,
342-sections 10a-34 to 10a-34d, inclusive, as amended by this act, section 10a-
343-34g, as amended by this act, or any applicable regulations of
344-Connecticut state agencies. In connection with any investigation, the
345-executive director or the executive director's designee, may administer
346-oaths, issue subpoenas, compel testimony and order the production of
347-any record or document. If any person refuses to appear, testify or
348-produce any record or document when so ordered, the executive
349-director may seek relief pursuant to section 10a-34d.
350-(b) If the executive director of the Office of Higher Education
351-determines that an institution of higher education that is not regionally
352-accredited is exhibiting financial and administrative indicators that such
353-institution is in danger of closing, the executive director may require
354-such institution to facilitate a teach-out, as defined in section 10a-22m,
355-provided the executive director and such institution previously
356-discussed a teach-out that ensures that current students of such
357-institution are able to complete their programs without significant
358-impact.
359-(c) (1) Not later than January 1, 2022, each independent institution of
360-higher education shall submit to the Office of Higher Education a
361-closure plan, which shall include, but need not be limited to, [(1)] (A)
362-how such institution will respond to a natural disaster, pandemic, data
363-security threat or other catastrophic event that impacts the operations of
364-such institution, and [(2)] (B) how such institution will manage student
365-records, provide a continuity of education for enrolled students and
366-administer student financial aid and refunds. An independent
367-institution of higher education that is regionally accredited may comply
368-with the requirements of this subsection by submitting to said office the
369-same closure plan that the institution submitted to the regional Senate Bill No. 105
370-
371-Public Act No. 22-123 12 of 58
372-
373-accreditation agency. If an independent institution of higher education
374-updates its closure plan, then such institution shall submit such updated
375-closure plan not later than thirty days after the governing board of such
376-institution approves such updated closure plan.
377-(2) On an after July 1, 2023, upon receiving a summary from the Office
378-of Higher Education that an independent institution of higher education
379-has been determined to be at risk of imminent closure as a result of a
380-financial screening conducted pursuant to the provisions of section 4 of
381-this act, the governing board of such institution shall update its closure
382-plan to include plans for the following: (A) Providing notice of
383-impending closure to relevant stakeholders of the institution, including,
384-but not limited to, enrolled students, applicants for admission, recent
385-graduates, faculty, staff and surrounding communities, (B)
386-disseminating information regarding the rights and responsibilities of
387-student borrowers, (C) managing the institution's finances,
388-accreditation status and any compliance issues with federal or state
389-financial aid programs, and (D) refunding student deposits and paying
390-the cost of student record maintenance through means such as the
391-provision of a bond with surety or a letter of credit in an amount
392-sufficient to meet the costs of such refunds and costs.
393-(d) Any independent institution of higher education that plans to
394-close permanently shall submit a written notice to the Office of Higher
395-Education not later than thirty days after the governing board of such
396-institution authorizes such closure. Such written notice shall include,
397-but need not be limited to, (1) the planned date of termination of
398-operations; (2) the planned date and location for the transfer of student
399-records; (3) the name and address of the organization that will receive
400-and maintain student records; (4) the name and contact information of
401-the designated office or official who will manage transcript requests; (5)
402-the arrangement for the continued education of enrolled students
403-through the facilitation of a teach-out, as defined in section 10a-22m, or Senate Bill No. 105
404-
405-Public Act No. 22-123 13 of 58
406-
407-other means; (6) evidence of communication with the United States
408-Department of Education regarding the management o f student
409-refunds, state or federal grants and scholarships and state loans; and (7)
410-if such institution is regionally accredited, evidence of communication
411-with the regional accreditation agency regarding such closure.
412-Sec. 7. Subsection (a) of section 10a-34g of the general statutes is
413-repealed and the following is substituted in lieu thereof (Effective July 1,
414-2022):
415-(a) On and after January 1, 2020, any for-profit institution of higher
416-education licensed to operate in the state that requires any student, as a
417-condition of enrollment, to enter into an agreement that (1) limits
418-participation in a class action against such institution, (2) limits any
419-claim the student may have against such institution or the damages for
420-such claim, or (3) requires the student to assert any claim against such
421-institution in a forum that is less convenient, more costly or more
422-dilatory for the resolution of a dispute than a judicial forum established
423-in the state where the student may otherwise properly bring a claim,
424-shall include in its application to the Office of Higher Education for
425-[initial or renewed institutional licensure or accreditation] authorization
426-pursuant to section 10a-34, as amended by this act, a statement (A)
427-disclosing the number of claims made against the institution, including
428-claims made against a parent organization or subsidiary of the
429-institution, by a student currently or formerly enrolled at the institution,
430-(B) a description of the nature of the rights asserted, and (C) the status
431-of such claims. The institution shall submit additional details regarding
432-such claims as the executive director of the Office of Higher Education
433-may require.
434-Sec. 8. Subdivision (4) of section 10-67 of the general statutes is
435-repealed and the following is substituted in lieu thereof (Effective July 1,
436-2022): Senate Bill No. 105
437-
438-Public Act No. 22-123 14 of 58
439-
440-(4) "Cooperating eligible entity" means any corporation or other
441-business entity, nonprofit organization, private [occupational] career
442-school authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as
443-amended by this act, institution of higher education [licensed or
444-accredited] authorized pursuant to the provisions of section 10a-34, as
445-amended by this act, technical education and career school or library
446-[which] that provides classes or services specified under subparagraph
447-(A) of subsection (a) of section 10-69, in conformance with the program
448-standards applicable to boards of education, through a written
449-cooperative arrangement with a local or regional board of education or
450-regional educational service center;
451-Sec. 9. Subparagraph (J) of subdivision (37) of subsection (a) of section
452-12-407 of the general statutes is repealed and the following is substituted
453-in lieu thereof (Effective July 1, 2022):
454-(J) Business analysis, management, management consulting and
455-public relations services, excluding (i) any environmental consulting
456-services, (ii) any training services provided by an institution of higher
457-education licensed or accredited by the Board of Regents for Higher
458-Education or authorized by the Office of Higher Education pursuant to
459-sections 10a-35a and 10a-34, as amended by this act, respectively, and
460-(iii) on and after January 1, 1994, any business analysis, management,
461-management consulting and public relations services when such
462-services are rendered in connection with an aircraft leased or owned by
463-a certificated air carrier or in connection with an aircraft which has a
464-maximum certificated take-off weight of six thousand pounds or more;
465-Sec. 10. Subsection (k) of section 30-22a of the 2022 supplement to the
466-general statutes is repealed and the following is substituted in lieu
467-thereof (Effective July 1, 2022):
468-(k) For purposes of compliance with this section, "cafe" includes: (1)
469-A room or building that is subject to the care, custody and control of The Senate Bill No. 105
470-
471-Public Act No. 22-123 15 of 58
472-
473-University of Connecticut Board of Trustees; (2) land and buildings
474-which are subject to the care, custody and control of an institution
475-offering a program of higher learning, as defined in section 10a-34, as
476-amended by this act, which has been accredited by the Board of Regents
477-for Higher Education or [Office of Higher Education or otherwise] is
478-authorized by the Office of Higher Education to award a degree
479-pursuant to section 10a-34, as amended by this act; or (3) on land or in a
480-building situated on or abutting a golf course which is subject to the
481-care, custody and control of an institution offering a program of higher
482-learning, as defined in section 10a-34, as amended by this act, which has
483-been accredited by the Board of Regents for Higher Education or [Office
484-of Higher Education or otherwise] is authorized by the Office of Higher
485-Education to award a degree pursuant to section 10a-34, as amended by
486-this act.
487-Sec. 11. Section 10a-22a of the general statutes is repealed and the
488-following is substituted in lieu thereof (Effective July 1, 2022):
489-As used in this section and sections [10a-22a to 10a-22y] 10a-22b to
490-10a-22x, inclusive, as amended by this act:
491-(1) ["Private occupational school"] "Private career school" means a
492-postsecondary career school operated by a person, board, association,
493-partnership, corporation, limited liability company or other entity
494-offering or advertising vocational instruction in any form or manner in
495-any trade, industrial, commercial, service, professional or other
496-occupation for any remuneration, consideration, reward or fee of
497-whatever nature, including, but not limited to, a hospital-based
498-[occupational] career school, or any program, school or entity offering
499-postsecondary instruction in barbering, hairdressing and cosmetology
500-or the occupation of esthetician, nail technician or eyelash technician, as
501-such terms are defined in section 20-265a. ["Private occupational
502-school"] "Private career school" does not include (A) instruction offered
503-under public supervision and control, (B) instruction conducted by a Senate Bill No. 105
504-
505-Public Act No. 22-123 16 of 58
506-
507-firm or organization solely for the training of its own employees or
508-members, (C) instruction offered by a school authorized by the General
509-Assembly to confer degrees, or (D) instruction offered in the arts or
510-recreation, including, but not limited to, the training of students to
511-provide such instruction;
512-(2) "Additional classroom site" means a facility that (A) is
513-geographically located close to the school or branch that oversees the
514-site, such that students must utilize services provided at such school or
515-branch, (B) conducts permanent or temporary educational activities,
516-and (C) offers courses or full programs of study;
517-(3) "Branch" means a subdivision of a school (A) located at a different
518-facility and geographical site from the school, except for a site that is an
519-additional classroom site as determined by the executive director, or the
520-executive director's designee, and (B) that (i) offers one or more
521-complete programs leading to a diploma or certificate; (ii) operates
522-under the school's certificate of operation; (iii) meets the same
523-conditions of authorization as the school; and (iv) exercises
524-administrative control and is responsible for its own academic affairs;
525-(4) "Executive director" means the executive director of the Office of
526-Higher Education; and
527-(5) "Postsecondary career school" means an institution authorized to
528-operate educational programs beyond secondary education.
529-Sec. 12. Section 10a-22b of the 2022 supplement to the general statutes
530-is repealed and the following is substituted in lieu thereof (Effective July
531-1, 2022):
532-(a) No person, board, association, partnership, corporation, limited
533-liability company or other entity shall offer instruction in any form or
534-manner in any trade or in any industrial, commercial, service,
535-professional or other occupation unless such person, board, association, Senate Bill No. 105
536-
537-Public Act No. 22-123 17 of 58
538-
539-partnership, corporation, limited liability company or other entity first
540-receives from the executive director a certificate authorizing the
541-occupational instruction to be offered.
542-(b) Except for initial authorizations, the executive director may accept
543-institutional accreditation by an accrediting agency recognized by the
544-United States Department of Education, in satisfaction of the
545-requirements of this section and section 10a-22d, as amended by this act,
546-including the evaluation and attendance requirement. Except for initial
547-authorizations, the executive director may accept programmatic
548-accreditation in satisfaction of the requirements of this section and
549-section 10a-22d, as amended by this act, with regard to instruction
550-offered by a hospital [pursuant to subsection (h) of this section] unless
551-the executive director finds reasonable cause not to rely upon such
552-accreditation.
553-(c) Each person, board, association, partnership, corporation, limited
554-liability company or other entity which seeks to offer occupational
555-instruction shall submit to the executive director, or the executive
556-director's designee, in such manner and on such forms as the executive
557-director, or the executive director's designee, prescribes, an application
558-for a certificate of authorization. [which includes, but need not be
559-limited to, (1) the proposed name of the school; (2) ownership and
560-organization of the school including the names and addresses of all
561-principals, officers, members and directors; (3) names and addresses of
562-all stockholders of the school, except for applicants which are listed on
563-a national securities exchange; (4) addresses of any building or premises
564-on which the school will be located; (5) description of the occupational
565-instruction to be offered; (6) the proposed student enrollment
566-agreement, which includes for each program of occupational instruction
567-offered a description, in plain language, of any requirements for
568-employment in such occupation or barriers to such employment
569-pursuant to state law or regulations; (7) the proposed school catalog, Senate Bill No. 105
570-
571-Public Act No. 22-123 18 of 58
572-
573-which includes for each program of occupational instruction offered a
574-description of any requirements for employment in such occupation or
575-barriers to such employment pursuant to state law or regulations; (8)
576-financial statements detailing the financial condition of the school
577-pursuant to subsection (d) of this section and subsection (g) of section
578-10a-22d prepared by management and reviewed or audited, or, for a
579-nonaccredited school annually receiving less than fifty thousand dollars
580-in tuition revenue, compiled, by an independent licensed certified
581-public accountant or independent licensed public accountant; and (9) an
582-agent for service of process.] Each application for initial authorization
583-shall be accompanied by a nonrefundable application fee made payable
584-to the private [occupational] career school student protection account.
585-Such application fee shall be in the amount of two thousand dollars for
586-the private [occupational] career school and two hundred dollars for
587-each branch of a private [occupational] career school in this state, except
588-that, each application for initial authorization submitted on and after the
589-effective date of the regulations adopted pursuant to section 10a-22k, as
590-amended by this act, shall be accompanied by a nonrefundable
591-application fee in the amount specified in such regulations. Any
592-application for initial authorization that remains incomplete six months
593-after the date such application was first submitted to the Office of
594-Higher Education shall expire and the office shall not approve such
595-expired application for authorization.
596-(d) Each person, board, association, partnership, corporation, limited
597-liability company or other entity seeking to offer occupational
598-instruction shall have a net worth consisting of sufficient liquid assets
599-or produce other evidence of fiscal soundness to demonstrate the ability
600-of the proposed private [occupational] career school to operate, achieve
601-all of its objectives and meet all of its obligations, including those
602-concerning staff and students, during the period of time for which the
603-authorization is sought. Senate Bill No. 105
604-
605-Public Act No. 22-123 19 of 58
606-
607-(e) Upon receipt of a complete application pursuant to subsection (c)
608-of this section, the executive director shall cause to be conducted an
609-evaluation of the applicant school. Not later than sixty days (1) after
610-receipt of a complete application for initial authorization, or (2) prior to
611-expiration of the authorization of a private [occupational] career school
612-applying to renew its certificate of authorization pursuant to section
613-10a-22d, as amended by this act, the executive director, or the executive
614-director's designee, shall appoint an evaluation team, pursuant to
615-subsection (f) of this section, except that on and after the effective date
616-of the regulations adopted pursuant to section 10a-22k, as amended by
617-this act, the evaluation team shall be appointed pursuant to such
618-regulations, to conduct such evaluation of the applicant school. The
619-evaluation team shall submit a written report to the executive director
620-recommending authorization or nonauthorization after an on-site
621-inspection. Not later than one hundred twenty days following the
622-completed appointment of the evaluation team, the executive director
623-shall notify the applicant school of authorization or nonauthorization.
624-The executive director may consult with the Labor Department and may
625-request the advice of any other state agency which may be of assistance
626-in making a determination. In the event of nonauthorization, the
627-executive director shall set forth the reasons therefor in writing and the
628-applicant school may request in writing a hearing before the executive
629-director. Such hearing shall be held in accordance with the provisions of
630-chapter 54.
631-(f) For purposes of an evaluation of an applicant school, the executive
632-director, or the executive director's designee, shall appoint an
633-evaluation team which shall include (1) at least two members
634-representing the Office of Higher Education, and (2) at least one member
635-for each of the areas of occupational instruction for which authorization
636-is sought who shall be experienced in such occupation. The applicant
637-school shall have the right to challenge any proposed member of the
638-evaluation team for good cause shown. A written challenge shall be filed Senate Bill No. 105
639-
640-Public Act No. 22-123 20 of 58
641-
642-with the executive director within ten business days following the
643-appointment of such evaluation team. In the event of a challenge, a
644-decision shall be made thereon by the executive director within ten
645-business days from the date such challenge is filed, and if the challenge
646-is upheld the executive director shall appoint a replacement. Employees
647-of the state or any political subdivision of the state may be members of
648-evaluation teams. The executive director, or the executive director's
649-designee, shall not appoint any person to an evaluation team unless the
650-executive director, or such designee, has received from such person a
651-statement that the person has no interest which is in conflict with the
652-proper discharge of the duties of evaluation team members as described
653-in this section. The statement shall be on a form prescribed by the
654-executive director and shall be signed under penalty of false statement.
655-Except for any member of the evaluation team who is a state employee,
656-members may be compensated for their service at the discretion of the
657-executive director and shall be reimbursed for actual expenses, which
658-expenses shall be charged to and paid by the applicant school.
659-(g) The evaluation team appointed pursuant to subsection (f) of this
660-section shall: (1) Conduct an on-site inspection; (2) submit a written
661-report outlining any evidence of noncompliance; (3) give the school
662-thirty days from the date of the report to provide evidence of
663-compliance; and (4) submit to the executive director a written report
664-recommending authorization or nonauthorization not later than one
665-hundred twenty days after the on-site inspection. The evaluation team
666-shall determine whether (A) the quality and content of each course or
667-program of instruction, including, but not limited to, residential, on-
668-line, home study and correspondence, training or study shall reasonably
669-and adequately achieve the stated objective for which such course or
670-program is offered; (B) the school has adequate space, equipment,
671-instructional materials and personnel for the instruction offered; (C) the
672-qualifications of directors, administrators, supervisors and instructors
673-shall reasonably and adequately assure that students receive education Senate Bill No. 105
674-
675-Public Act No. 22-123 21 of 58
676-
677-consistent with the stated objectives for which a course or program is
678-offered; (D) students and other interested persons shall be provided
679-with a catalog or similar publication describing the courses and
680-programs offered, course and program objectives, length of courses and
681-programs, schedule of tuition, fees and all other charges and expenses
682-necessary for completion of the course or program, and termination,
683-withdrawal and refund policies; (E) upon satisfactory completion of the
684-course or program, each student shall be provided appropriate
685-educational credentials by the school; (F) adequate records shall be
686-maintained by the school to show attendance and grades, or other
687-indicators of student progress, and standards shall be enforced relating
688-to attendance and student performance; (G) the applicant school shall
689-be financially sound and capable of fulfilling its commitments to
690-students; (H) any student housing owned, leased, rented or otherwise
691-maintained by the applicant school shall be safe and adequate; and (I)
692-the school and any branch of the school in this state has a director
693-located at the school or branch who is responsible for daily oversight of
694-the school's or branch's operations. The evaluation team may also
695-indicate in its report such recommendations as may improve the
696-operation of the applicant school.
697-[(h) Any hospital offering postsecondary career instruction in any
698-form or manner in any trade, industrial, commercial, service,
699-professional or other occupation for any remuneration, consideration,
700-reward or promise, except to hospital employees, members of the
701-medical staff and training for contracted workers, shall obtain a
702-certificate of authorization from the executive director for the
703-occupational instruction offered. Each hospital-based occupational
704-school submitting an application for initial authorization shall pay an
705-application fee of two hundred dollars made payable to the private
706-occupational school student protection account. The executive director
707-shall develop a process for prioritizing the authorization of hospital-
708-based occupational schools based on size and scope of occupational Senate Bill No. 105
709-
710-Public Act No. 22-123 22 of 58
711-
712-instruction offered. Such schools shall be in compliance with this section
713-when required pursuant to the executive director's process, or by 2012,
714-whichever is earlier.
715-(i) Any program, school or other entity offering postsecondary career
716-instruction in any form or manner in barbering or hairdressing for any
717-remuneration, consideration, reward or fee shall obtain a certificate of
718-authorization from the executive director of the Office of Higher
719-Education for the occupational instruction offered. Each program,
720-school or entity approved on or before July 1, 2013, by the Connecticut
721-Examining Board for Barbers, Hairdressers and Cosmeticians pursuant
722-to chapter 368 or 387 that submits an application for initial authorization
723-shall pay an application fee of five hundred dollars made payable to the
724-private occupational school student protection account. The executive
725-director of the Office of Higher Education shall develop a process for
726-prioritizing the authorization of such barber and hairdressing
727-programs, schools and entities. Such programs, schools and entities
728-shall be in compliance with this section on or before July 1, 2015, or when
729-required pursuant to the executive director's process, whichever is
730-earlier. No person, board, association, partnership corporation, limited
731-liability company or other entity shall establish a new program, school
732-or other entity that offers instruction in any form or manner in barbering
733-or hairdressing on or after July 1, 2013, unless such person, board,
734-association, partnership, corporation, limited liability company or other
735-entity first receives from the executive director of the Office of Higher
736-Education a certificate authorizing the barbering or hairdressing
737-occupational instruction to be offered in accordance with the provisions
738-of this section.]
739-Sec. 13. Section 10a-22c of the general statutes is repealed and the
740-following is substituted in lieu thereof (Effective July 1, 2022):
741-(a) No certificate to operate a private [occupational] career school
742-shall be authorized by the executive director, or the executive director's Senate Bill No. 105
743-
744-Public Act No. 22-123 23 of 58
745-
746-designee, if (1) any principal, officer, member or director of the applicant
747-school has acted in a similar capacity for a private [occupational] career
748-school which has had its authorization revoked pursuant to section 10a-
749-22f, as amended by this act; (2) the applicant school does not have a net
750-worth consisting of sufficient liquid assets or other evidence of fiscal
751-soundness to operate for the period of time for which authorization is
752-sought; (3) the applicant school or any of its agents engages in
753-advertising, sales, collection, credit or other practices which are false,
754-deceptive, misleading or unfair; (4) the applicant school has any policy
755-which discourages or prohibits the filing of inquiries or complaints
756-regarding the school's operation with the executive director; (5) the
757-applicant school fails to satisfactorily meet the criteria set forth in
758-subsection (g) of section 10a-22b, or, on and after the effective date of
759-regulations adopted pursuant to section 10a-22k, as amended by this act,
760-the criteria set forth in such regulations; (6) a private [occupational]
761-career school that has previously closed fails to follow the procedures
762-for school closure under section 10a-22m, as amended by this act; or (7)
763-the applicant school does not have a director located at the school and
764-at each of its branches in this state.
765-(b) The executive director may deny a certificate of authorization if
766-the person who owns or intends to operate a private [occupational]
767-career school has been convicted in this state, or any other state, of
768-larceny in violation of section 53a-122 or 53a-123; identity theft in
769-violation of section 53a-129b or 53a-129c; forgery in violation of section
770-53a-138 or 53a-139; or has a criminal record in this state, or any other
771-state, that the executive director reasonably believes renders the person
772-unsuitable to own and operate a private [occupational] career school. A
773-refusal of a certificate of authorization under this subsection shall be
774-made in accordance with the provisions of sections 46a-79 to 46a-81,
775-inclusive.
776-(c) No certificate to operate a private [occupational] career school Senate Bill No. 105
777-
778-Public Act No. 22-123 24 of 58
779-
780-shall be issued by the executive director pursuant to section 10a-22d, as
781-amended by this act, until such private [occupational] career school
782-seeking authorization files with the executive director certificates
783-indicating that the buildings and premises for such school meet all
784-applicable state and local fire and zoning requirements. Such certificates
785-shall be attested to by the fire marshal and zoning enforcement officer
786-within the municipality in which such school is located.
787-(d) No certificate to operate a new private [occupational] career
788-school shall be issued by the executive director pursuant to section 10a-
789-22d, as amended by this act, until such private [occupational] career
790-school seeking authorization files with the executive director an
791-irrevocable letter of credit issued by a bank with its main office or branch
792-located within this state in the penal amount of forty thousand dollars
793-guaranteeing the payments required of the school to the private
794-[occupational] career school student protection account in accordance
795-with the provisions of section 10a-22u, as amended by this act, except
796-that, any letter of credit issued on and after the effective date of the
797-regulations adopted pursuant to section 10a-22k, as amended by this act,
798-shall be in a penal amount specified in such regulations. The letter of
799-credit shall be payable to the private [occupational] career school
800-student protection account in the event that such school fails to make
801-payments to the account as provided in subsection (a) of section 10a-
802-22u, as amended by this act, or in the event the state takes action to
803-reimburse the account for a tuition refund paid to a student pursuant to
804-the provisions of section 10a-22v, as amended by this act, provided the
805-amount of the letter of credit to be paid into the private [occupational]
806-career school student protection account shall not exceed the amounts
807-owed to the account. In the event a private [occupational] career school
808-fails to close in accordance with the provisions of section 10a-22m, as
809-amended by this act, the executive director may seize the letter of credit,
810-which shall be made payable to the private [occupational] career school
811-protection account. [The letter of credit required by this subsection shall Senate Bill No. 105
812-
813-Public Act No. 22-123 25 of 58
814-
815-be released twelve years after the date of initial approval, provided
816-evidence of fiscal soundness has been verified.]
817-(e) The executive director shall notify the applicant private
818-[occupational] career school, by certified mail, return receipt requested
819-of the decision to grant or deny a certificate of authorization not later
820-than sixty days after receiving the written report of the evaluation team
821-appointed pursuant to subsection [(f)] (e) of section 10a-22b, as amended
822-by this act.
823-Sec. 14. Section 10a-22d of the 2022 supplement to the general statutes
824-is repealed and the following is substituted in lieu thereof (Effective July
825-1, 2022):
826-(a) After the initial year of approval and for the next three years of
827-operation as a private [occupational] career school, renewal of the
828-certificate of authorization shall be required annually.
829-(b) Following the fourth year of continuous authorization, a renewal
830-of the certificate of authorization, if granted, shall be for a period not to
831-exceed five years and may be subject to an evaluation pursuant to
832-[subsections (f) and (g)] subsection (e) of section 10a-22b, as amended
833-by this act, provided no private [occupational] career school shall
834-operate for more than five additional years from the date of any renewal
835-without the completion of an evaluation pursuant to [subsections (f) and
836-(g)] subsection (e) of section 10a-22b, as amended by this act.
837-(c) Renewal of the certificate of authorization shall be granted only
838-upon (1) payment of a nonrefundable renewal fee to the Office of Higher
839-Education in the amount of two hundred dollars for the private
840-[occupational] career school and two hundred dollars for each branch of
841-a private [occupational] career school, except that, any renewal fees paid
842-on and after the effective date of the regulations adopted pursuant to
843-section 10a-22k, as amended by this act, shall be in the amount specified Senate Bill No. 105
844-
845-Public Act No. 22-123 26 of 58
846-
847-in such regulations, (2) submission of any reports or audits, as
848-prescribed by the executive director or the executive director's designee,
849-concerning the fiscal condition of the private [occupational] career
850-school or its continuing eligibility to participate in federal student
851-financial aid programs, (3) the filing with the executive director of a
852-complete application for a renewed certificate of authorization not less
853-than one hundred twenty days prior to the termination date of the most
854-recent certificate of authorization, and (4) a determination that the
855-private [occupational] career school meets all the conditions of its recent
856-authorization, including, but not limited to, at the discretion of the
857-executive director, evidence that such school is current on its [rent or
858-mortgage] financial obligations and has adequate financial resources to
859-serve its current students, and the filing of documentation with the
860-executive director that the private [occupational] career school has a
861-passing financial ratio score as required by 34 CFR 668, as amended
862-from time to time.
863-(d) If the executive director, or the executive director's designee,
864-determines, at any time during a school's authorization period, that such
865-school is out of compliance with the conditions of authorization under
866-sections 10a-22a to 10a-22o, inclusive, as amended by this act, and any
867-applicable regulations of Connecticut state agencies, the school may be
868-placed on probation for a period not to exceed one year. If, after the
869-period of one year of probationary status, the school remains out of
870-compliance with the conditions of authorization, the executive director
871-may revoke such school's certificate of authorization to operate as a
872-private [occupational] career school pursuant to section 10a-22f, as
873-amended by this act. During the school's period of probation, the school
874-shall post its probationary certificate of authorization in public view.
875-The Office of Higher Education may publish the school's probationary
876-certificate of authorization status.
877-(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, Senate Bill No. 105
878-
879-Public Act No. 22-123 27 of 58
880-
881-inclusive, as amended by this act, the executive director may authorize
882-the extension of the most recent certificate of authorization for a period
883-not to exceed sixty days for good cause shown, provided such extension
884-shall not change the date of the original certificate's issuance or the date
885-for each renewal.
886-(f) After the first year of authorization, each private [occupational]
887-career school shall pay a nonrefundable annual fee to the private
888-[occupational] career school student protection account in the amount
889-of two hundred dollars for the private [occupational] career school and
890-two hundred dollars for each branch of a private [occupational] career
891-school, except that, any annual fee paid on and after the effective date
892-of the regulations adopted pursuant to section 10a-22k, as amended by
893-this act, shall be in the amount specified in such regulations. The annual
894-fee shall be due and payable for each year after the first year of
895-authorization that the private [occupational] career school and any
896-branch of a private [occupational] career school is authorized by the
897-executive director to offer [occupational] career instruction. Such annual
898-fee shall be in addition to any renewal fee assessed under this section.
899-(g) Each private [occupational] career school shall keep financial
900-records in conformity with generally accepted accounting principles. An
901-annual financial statement detailing the financial status of the school
902-shall be prepared by school management and reviewed or audited, or,
903-for a nonaccredited school annually receiving less than fifty thousand
904-dollars in tuition revenue, compiled, by a licensed certified public
905-accountant or licensed public accountant in accordance with standards
906-established by the American Institute of Certified Public Accountants.
907-A copy of such financial statement shall be filed with the executive
908-director on or before the last day of the fourth month following the end
909-of the school's fiscal year, except in the case of a nationally accredited
910-school recognized by the United States Department of Education, in
911-which case such financial statement shall be due on or before the last Senate Bill No. 105
912-
913-Public Act No. 22-123 28 of 58
914-
915-day of the sixth month following the end of the school's fiscal year. Only
916-audited financial statements shall be accepted from a nationally
917-accredited school. Upon a nonaccredited school's written request, the
918-executive director may authorize, for good cause shown, a filing
919-extension for a period not to exceed sixty days. No filing extensions shall
920-be granted to a nationally accredited school.
921-(h) The failure of any private [occupational] career school to submit
922-an application to the Office of Higher Education for the renewal of a
923-certificate of authorization on or before the date on which it is due may
924-result in the loss of authorization under section 10a-22f, as amended by
925-this act. The executive director of said office may deny the renewal of
926-such certificate of authorization if there exists a failure to file such
927-renewal application by the date on which it is due, or the end of any
928-period of extension authorized pursuant to subsection (e) of this section.
929-Sec. 15. Section 10a-22e of the general statutes is repealed and the
930-following is substituted in lieu thereof (Effective July 1, 2022):
931-(a) During any period of authorization by the executive director to
932-operate as a private [occupational] career school pursuant to sections
933-10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-
934-22u to 10a-22w, as amended by this act, inclusive, such private
935-[occupational] career school may request revision of the conditions of
936-its authorization. Such school shall make such request to the executive
937-director, in the manner and on such forms prescribed by the executive
938-director sixty days prior to the proposed implementation date of any
939-intended revision. Such revision shall include, but not be limited to,
940-changes in (1) courses or programs; (2) ownership of the school; (3)
941-name of the school; (4) location of the school's main campus; or (5)
942-location of any of the school's additional classroom sites or branch
943-campuses. A private [occupational] career school requesting revision of
944-the conditions of its authorization based on a change in ownership of
945-the school shall submit an application and letter of credit pursuant to Senate Bill No. 105
946-
947-Public Act No. 22-123 29 of 58
948-
949-sections 10a-22b, as amended by this act, and 10a-22c, as amended by
950-this act, accompanied by a nonrefundable change of ownership fee
951-made payable to the private [occupational] career school student
952-protection account under section 10a-22u, as amended by this act, in the
953-amount of two thousand dollars for the private [occupational] career
954-school and two hundred dollars for each branch of a private
955-[occupational] career school in this state, except that, any ownership fee
956-paid on and after the effective date of the regulations adopted pursuant
957-to section 10a-22k, as amended by this act, shall be in the amount
958-specified in such regulations.
959-(b) The executive director, or the executive director's designee, may,
960-not later than thirty days after receipt of a request to revise the
961-conditions of authorization, issue an order prohibiting any such change
962-if it would constitute a material or substantial deviation from the
963-conditions of authorization.
964-(c) If the executive director, or the executive director's designee, fails
965-to take action upon a request for revision by the thirtieth day following
966-the proposed implementation date of the intended revision, such
967-request shall be deemed approved, and the private [occupational] career
968-school's certificate of authorization shall be so revised for the same
969-period as its current authorization.
970-Sec. 16. Section 10a-22f of the 2022 supplement to the general statutes
971-is repealed and the following is substituted in lieu thereof (Effective July
972-1, 2022):
973-(a) A certificate of authorization issued to a private [occupational]
974-career school pursuant to sections 10a-22a to 10a-22o, inclusive, as
975-amended by this act, and sections 10a-22u to 10a-22w, inclusive, as
976-amended by this act, may be revoked by the executive director if such
977-school (1) ceases to meet the conditions of its authorization; (2) commits
978-a material or substantial violation of sections 10a-22a to 10a-22o, Senate Bill No. 105
979-
980-Public Act No. 22-123 30 of 58
981-
982-inclusive, as amended by this act, or sections 10a-22u to 10a-22w,
983-inclusive, as amended by this act, or the regulations prescribed
984-thereunder; (3) makes a false statement about a material fact in
985-application for authorization or renewal; (4) fails to make a required
986-payment to the private [occupational] career school student protection
987-account pursuant to section 10a-22u, as amended by this act; or (5) fails
988-to submit a complete application for a renewed certificate of
989-authorization pursuant to section 10a-22d, as amended by this act.
990-(b) The executive director, or the executive director's designee, shall
991-serve written notice, by certified mail, return receipt requested upon a
992-private [occupational] career school indicating that revocation of the
993-school's authorization is under consideration and the executive director
994-shall set forth the reasons such revocation is being considered. Not later
995-than forty-five days after mailing such written notice, the executive
996-director, or the executive director's designee, shall hold a compliance
997-conference with the private [occupational] career school.
998-(c) If, after the compliance conference, the executive director
999-determines that revocation of the certificate of authorization is
1000-appropriate, the executive director shall issue an order and serve
1001-written notice by certified mail, return receipt requested upon the
1002-private [occupational] career school, which notice shall include, but not
1003-be limited to, the date of the revocation.
1004-(d) A private [occupational] career school aggrieved by the order of
1005-the executive director revoking its certificate of authorization pursuant
1006-to subsection (c) of this section shall, not later than fifteen days after such
1007-order is mailed, request in writing a hearing before the executive
1008-director. Such hearing shall be held in accordance with the provisions of
1009-chapter 54.
1010-Sec. 17. Section 10a-22g of the general statutes is repealed and the
1011-following is substituted in lieu thereof (Effective July 1, 2022): Senate Bill No. 105
1012-
1013-Public Act No. 22-123 31 of 58
1014-
1015-(a) A private [occupational] career school which is authorized by the
1016-executive director pursuant to sections 10a-22a to 10a-22o, inclusive, as
1017-amended by this act, and sections 10a-22u to 10a-22w, inclusive, as
1018-amended by this act, may request authorization to establish and operate
1019-additional classroom sites or branch schools, or to offer existing or new
1020-programs through a distance learning program, as defined in section
1021-10a-22h, as amended by this act, for the purpose of offering the
1022-occupational instruction authorized by the executive director, provided
1023-the additional classroom site or branch school complies with the
1024-provisions of subsection (b) of this section. Such school shall make such
1025-request for authorization to operate an additional classroom site or
1026-branch school or to offer existing or new programs through a distance
1027-learning program, in the manner and on such forms as prescribed by the
1028-executive director, at least sixty days prior to the proposed
1029-establishment of such additional classroom site or branch school or such
1030-distance learning program.
1031-(b) The buildings and premises for such additional classroom site or
1032-branch school shall meet all applicable state and local fire and zoning
1033-requirements, and certificates attesting the same signed by the local fire
1034-marshal and zoning enforcement officer shall be filed with the executive
1035-director prior to offering such occupational instruction. The additional
1036-classroom site or branch school shall be in compliance with the relevant
1037-requirements set forth in subsection (g) of section 10a-22b, or on and
1038-after the effective date of the regulations adopted pursuant to section
1039-10a-22k, as amended by this act, the requirements set forth in such
1040-regulations.
1041-(c) The executive director, or the executive director's designee, not
1042-later than thirty days after the proposed date for establishment of a
1043-branch school, may issue an order prohibiting any such establishment
1044-of a branch school if it would constitute a material or substantial
1045-deviation from the conditions of authorization or if the private Senate Bill No. 105
1046-
1047-Public Act No. 22-123 32 of 58
1048-
1049-[occupational] career school fails to meet the requirements set forth in
1050-subsection (b) of this section.
1051-(d) If the executive director, or the executive director's designee, fails
1052-to take action upon the request for revision by the thirtieth day after the
1053-proposed date for establishment of such additional classroom site or
1054-branch school or such distance learning program, such request shall be
1055-deemed approved.
1056-Sec. 18. Section 10a-22h of the 2022 supplement to the general statutes
1057-is repealed and the following is substituted in lieu thereof (Effective July
1058-1, 2022):
1059-Any out-of-state private [occupational] career school that seeks to
1060-operate a distance learning program in the state shall submit an
1061-application to the Office of Higher Education in the form and manner
1062-prescribed by the office. Each such private [occupational] career school
1063-shall agree to abide by standards established by the office. The office
1064-shall approve or reject such private [occupational] career school's
1065-application in accordance with the standards established by the office.
1066-Authorization by the office to operate a distance learning program in
1067-the state shall be valid for a period of one year and may be renewed by
1068-the office for additional one-year periods. The office shall establish a
1069-schedule of application and renewal fees for all out-of-state private
1070-[occupational] career schools that are approved by the office. As used in
1071-this [subsection] section, "distance learning program" means a program
1072-of study in which lectures are broadcast or classes are conducted by
1073-correspondence or over the Internet, without requiring a student to
1074-attend in person.
1075-Sec. 19. Section 10a-22i of the general statutes is repealed and the
1076-following is substituted in lieu thereof (Effective July 1, 2022):
1077-(a) The executive director may assess any person, board, partnership, Senate Bill No. 105
1078-
1079-Public Act No. 22-123 33 of 58
1080-
1081-association, corporation, limited liability company or other entity which
1082-violates any provision of sections 10a-22a to 10a-22p, inclusive, as
1083-amended by this act, sections 10a-22u to 10a-22w, inclusive, as amended
1084-by this act, or regulations adopted pursuant to section 10a-22k, an
1085-administrative penalty in an amount not to exceed five hundred dollars
1086-for each day of such violation, except that, any administrative penalty
1087-assessed on and after the effective date of the regulations adopted
1088-pursuant to section 10a-22k, shall be in the amount specified in such
1089-regulations.
1090-(b) The executive director shall serve written notice upon a private
1091-[occupational] career school when the assessment of such an
1092-administrative penalty is under consideration. The notice shall set forth
1093-the reasons for the assessment of the penalty. Not later than forty-five
1094-days after mailing such notice to the private [occupational] career
1095-school, the executive director, or the executive director's designee, shall
1096-hold a compliance conference with the private [occupational] career
1097-school.
1098-(c) If, after the compliance conference, the executive director
1099-determines that imposition of an administrative penalty is appropriate,
1100-the executive director shall issue an order and serve written notice by
1101-certified mail, return receipt requested upon the private [occupational]
1102-career school.
1103-(d) A private [occupational] career school aggrieved by the order of
1104-the executive director imposing an administrative penalty pursuant to
1105-subsection (c) of this section shall, not later than fifteen days after such
1106-order is mailed, request in writing a hearing before the executive
1107-director. Such hearing shall be held in accordance with the provisions of
1108-chapter 54.
1109-Sec. 20. Section 10a-22k of the general statutes is repealed and the
1110-following is substituted in lieu thereof (Effective July 1, 2022): Senate Bill No. 105
1111-
1112-Public Act No. 22-123 34 of 58
1113-
1114-The Office of Higher Education shall adopt regulations in accordance
1115-with the provisions of chapter 54 in order to carry out the provisions of
1116-sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w,
1117-inclusive. Such regulations may prescribe fines, fees or penalties in lieu
1118-of the amounts set forth in sections 10a-22b to 10a-22e, inclusive, and
1119-sections 10a-22i, 10a-22l, 10a-22m and 10a-224, as amended by this act.
1120-Sec. 21. Section 10a-22l of the general statutes is repealed and the
1121-following is substituted in lieu thereof (Effective July 1, 2022):
1122-(a) Any private [occupational] career school operating without a
1123-certificate of authorization required under section 10a-22b, as amended
1124-by this act, or operating an additional classroom site or branch school in
1125-violation of section 10a-22g, as amended by this act, shall be fined not
1126-more than five hundred dollars for each day of unauthorized operation,
1127-to be paid into the private [occupational] career student protection
1128-account, except that, any fine assessed on and after the effective date of
1129-the regulations adopted pursuant to section 10a-22k, shall be in the
1130-amount specified in such regulations.
1131-(b) The executive director, or the executive director's designee, may
1132-conduct an investigation and, through the Attorney General, maintain
1133-an action in the name of the state against any person to restrain or
1134-prevent the establishment or operation of an institution that does not
1135-have a certificate of authorization.
1136-Sec. 22. Section 10a-22m of the general statutes is repealed and the
1137-following is substituted in lieu thereof (Effective July 1, 2022):
1138-(a) A private [occupational] career school shall notify the executive
1139-director, in writing, at least sixty days prior to closure of such school.
1140-The private [occupational] career school shall provide evidence prior to
1141-closing that: (1) All course work is or will be completed by current
1142-students at the school; (2) there are no refunds due any students; (3) all Senate Bill No. 105
1143-
1144-Public Act No. 22-123 35 of 58
1145-
1146-student records will be maintained as prescribed in section 10a-22n, as
1147-amended by this act; (4) final payment has been made to the private
1148-[occupational] career school student protection account; (5) a
1149-designation of service form has been filed with the executive director;
1150-and (6) the certificate of authorization has been returned to the executive
1151-director.
1152-(b) Any private [occupational] career school that fails to meet the
1153-requirements outlined in subsection (a) of this section shall be fined not
1154-more than five hundred dollars per day for each day of noncompliance,
1155-except that, any fine assessed on and after the effective date of the
1156-regulations adopted pursuant to section 10a-22k, shall be in the amount
1157-specified in such regulations, and [,] pursuant to subdivision (6) of
1158-subsection (a) of section 10a-22c, as amended by this act, shall be
1159-ineligible to be issued a certificate of authorization upon application to
1160-operate a private [occupational] career school. Funds collected pursuant
1161-to this subsection shall be placed in the private [occupational] career
1162-student protection account established pursuant to section 10a-22u, as
1163-amended by this act.
1164-(c) If the executive director revokes a private [occupational] career
1165-school's certificate of authorization, such school shall comply with the
1166-requirements of subsection (a) of this section. Failure to comply shall
1167-result in further penalties at the discretion of the executive director.
1168-(d) In the event a private [occupational] career school fails to meet the
1169-requirements set forth in subsection (a) of this section and closes prior
1170-to graduating all current students, the executive director may seize the
1171-letter of credit filed by the private [occupational] career school pursuant
1172-to subsection (d) of section 10a-22c, as amended by this act, and such
1173-letter of credit shall be made payable to the private [occupational] career
1174-school student protection account. The executive director may expend
1175-funds from the private [occupational] career school student protection
1176-account up to the amount necessary to facilitate a teach-out of any Senate Bill No. 105
1177-
1178-Public Act No. 22-123 36 of 58
1179-
1180-remaining students up to and including the issuance of a certificate of
1181-completion pursuant to subsection (e) of this section. For purposes of
1182-this subsection and subsection (e) of this section, (1) "teach-out" means
1183-the completion of instruction of a course or program of study in which
1184-a student was enrolled, provided the teach-out includes instruction of
1185-the entire program of study when a course is a part of such program of
1186-study, and (2) "certificate of completion" means the credential,
1187-documented in writing, that is issued to a student who completes a
1188-course or program of study offered by a private [occupational] career
1189-school.
1190-(e) In the event of a private [occupational] career school closure that
1191-fails to meet the requirements set forth in subsection (a) of this section,
1192-the executive director may issue a certificate of completion to each
1193-student that, in the executive director's determination, has successfully
1194-completed the student's course or program of study in which the
1195-student was enrolled at the private [occupational] career school.
1196-Sec. 23. Section 10a-22n of the general statutes is repealed and the
1197-following is substituted in lieu thereof (Effective July 1, 2022):
1198-(a) A private [occupational] career school shall maintain, preserve
1199-and protect, in a manner approved by the executive director, or the
1200-executive director's designee, all school records including, but not
1201-limited to: (1) Student or academic transcripts, including, in a separate
1202-file, a duplicate copy of the academic transcript of each student who
1203-graduated from such school, and a duplicate copy of the academic
1204-transcript of each student enrolled at such school that contains the
1205-student's name, address, program of study, length of such program of
1206-study, grade point average and courses completed; (2) attendance
1207-records or other indicators of student progress; (3) copies of individual
1208-enrollment agreements or contracts; (4) evidence of tuition payments;
1209-and (5) any other documentation as prescribed by the executive director. Senate Bill No. 105
1210-
1211-Public Act No. 22-123 37 of 58
1212-
1213-(b) The executive director, or the executive director's designee, may
1214-at any time during regular business or school hours, with or without
1215-notice, visit a private [occupational] career school. During such
1216-visitation, the executive director, or the executive director's designee,
1217-may request an officer or director of the school to produce, and shall be
1218-provided with immediate access to, such records or information as are
1219-required to verify that the school continues to meet the conditions of
1220-authorization. If the executive director determines that such private
1221-[occupational] career school has not maintained, preserved or protected
1222-school records in accordance with this section, the executive director
1223-may assess an administrative penalty on such private [occupational]
1224-career school pursuant to section 10a-22i, as amended by this act.
1225-(c) If a school ceases to operate as a private [occupational] career
1226-school, it shall (1) immediately transmit all student or academic
1227-transcripts, described in subdivision (1) of subsection (a) of this section,
1228-to the executive director, and (2) keep the executive director advised in
1229-writing as to the location and availability of all other student records or
1230-shall file all such other student records with the executive director.
1231-(d) The executive director shall maintain all records, files and other
1232-documents associated with private [occupational] career schools in a
1233-manner consistent with the mission and responsibilities of the Office of
1234-Higher Education.
1235-Sec. 24. Section 10a-22p of the general statutes is repealed and the
1236-following is substituted in lieu thereof (Effective July 1, 2022):
1237-(a) On and after January 1, 2020, any private [occupational] career
1238-school, as defined in section 10a-22a, as amended by this act, that
1239-requires any student, as a condition of enrollment, to enter into an
1240-agreement that (1) limits participation in a class action against such
1241-school, (2) limits any claim the student may have against such school or
1242-the damages for such claim, or (3) requires the student to assert any Senate Bill No. 105
1243-
1244-Public Act No. 22-123 38 of 58
1245-
1246-claim against such school in a forum that is less convenient, more costly
1247-or more dilatory for the resolution of a dispute than a judicial forum
1248-established in the state where the student may otherwise properly bring
1249-a claim, shall include in its application to the Office of Higher Education
1250-for initial or renewed certificate of authorization pursuant to sections
1251-10a-22b, as amended by this act, and 10a-22d, as amended by this act, a
1252-statement (A) disclosing the number of claims made against the school,
1253-including claims made against a parent organization or subsidiary of
1254-the school, by a student currently or formerly enrolled at the school, (B)
1255-describing the nature of the rights asserted, and (C) updating the status
1256-of such claims. The school shall submit additional details regarding such
1257-claims as the executive director of the Office of Higher Education may
1258-require.
1259-(b) The executive director of the Office of Higher Education may deny
1260-the application for initial or renewed certificate of authorization of a
1261-private [occupational] career school or consider a private [occupational]
1262-career school ineligible to receive any public funds, including, but not
1263-limited to, federal funds administered by the office pursuant to section
1264-10a-45 if (1) such school fails to include the statement required under
1265-subsection (a) of this section in its application, or (2) upon review of such
1266-statement, the executive director determines that the public policy of
1267-protecting the interests of students in the state requires such denial.
1268-(c) The executive director of the Office of Higher Education shall have
1269-the authority granted under sections 10a-22i, as amended by this act,
1270-10a-22j and 10a-22o to investigate and enforce the provisions of
1271-subsections (a) and (b) of this section.
1272-Sec. 25. Section 10a-22q of the general statutes is repealed and the
1273-following is substituted in lieu thereof (Effective July 1, 2022):
1274-After each annual determination of the balance of the private
1275-[occupational] career school student protection account required by Senate Bill No. 105
1276-
1277-Public Act No. 22-123 39 of 58
1278-
1279-section 10a-22w, if the balance of the account is more than two million
1280-five hundred thousand dollars, the State Treasurer shall transfer to a
1281-separate, nonlapsing account within the General Fund, to be known as
1282-the private [occupational] career school student benefit account, three-
1283-fourths of the annually accrued interest of said student protection
1284-account.
1285-Sec. 26. Section 10a-22r of the general statutes is repealed and the
1286-following is substituted in lieu thereof (Effective July 1, 2022):
1287-[There is] Upon the availability of funds to award financial aid grants
1288-from the private career school student benefit account, there shall be
1289-established an advisory committee to the executive director consisting
1290-of seven members appointed by the executive director, including a
1291-representative of the private [occupational] career schools, a
1292-representative from the Office of Higher Education and five members
1293-chosen from business or industry, state legislators, private
1294-[occupational] career school alumni and the general public. Three of the
1295-members first appointed to the committee shall be appointed for a term
1296-of three years and four of the members first appointed shall be
1297-appointed for a term of two years. Thereafter, all members shall be
1298-appointed for a term of two years. The executive director shall
1299-administer the private [occupational] career school student benefit
1300-account, established pursuant to section 10a-22u, as amended by this
1301-act, with the advice of the advisory committee in accordance with the
1302-provisions of this section and sections 10a-22s and 10a-22t and may
1303-assess the account for all direct expenses incurred in the implementation
1304-of this section. The account shall be used to award financial aid grants
1305-for the benefit of private [occupational] career school students. The
1306-grants shall be paid to the private [occupational] career school
1307-designated by the grant recipient to be applied against the tuition
1308-expenses of such recipient. If the balance of the student protection
1309-account is five per cent or less of the annual net tuition income of the Senate Bill No. 105
1310-
1311-Public Act No. 22-123 40 of 58
1312-
1313-schools which make payments to the account pursuant to section 10a-
1314-22u, as amended by this act, any unallocated funds in the student benefit
1315-account shall be transferred to the private career school student
1316-protection account.
1317-Sec. 27. Section 10a-22u of the 2022 supplement to the general statutes
1318-is repealed and the following is substituted in lieu thereof (Effective July
1319-1, 2022):
1320-(a) There shall be an account to be known as the private
1321-[occupational] career school student protection account within the
1322-General Fund. Each private [occupational] career school authorized in
1323-accordance with the provisions of sections 10a-22a to 10a-22o, inclusive,
1324-as amended by this act, shall pay to the State Treasurer an amount equal
1325-to four-tenths of one per cent of the tuition received by such school per
1326-calendar quarter exclusive of any refunds paid, except that distance
1327-learning and correspondence schools authorized in accordance with the
1328-provisions of section 10a-22h, as amended by this act, shall contribute to
1329-said account only for Connecticut residents enrolled in such schools.
1330-Payments shall be made by January thirtieth, April thirtieth, July
1331-thirtieth and October thirtieth in each year for tuition received during
1332-the three months next preceding the month of payment. In addition to
1333-amounts received based on tuition, the account shall also contain any
1334-amount required to be deposited into the account pursuant to sections
1335-10a-22a to 10a-22o, inclusive, as amended by this act. Said account shall
1336-be used for the purposes of section 10a-22v, as amended by this act. Any
1337-interest, income and dividends derived from the investment of the
1338-account shall be credited to the account. All direct expenses for the
1339-maintenance of the account may be charged to the account upon the
1340-order of the State Comptroller. The executive director may assess the
1341-account for all direct expenses incurred in the implementation of the
1342-purposes of this section which are in excess of the normal expenditures
1343-of the Office of Higher Education. Senate Bill No. 105
1344-
1345-Public Act No. 22-123 41 of 58
1346-
1347-(b) Payments required pursuant to subsection (a) of this section shall
1348-be a condition of doing business in the state and failure to make any
1349-such payment within thirty days following the date on which it is due
1350-shall result in the loss of authorization under section 10a-22f, as
1351-amended by this act. Such authorization shall not be issued or renewed
1352-if there exists a failure to make any such payment in excess of thirty days
1353-following the date on which it is due.
1354-(c) If an audit conducted by the Office of Higher Education
1355-determines that a school has paid into the private [occupational] career
1356-school student protection account an amount less than was required, the
1357-school shall pay such amount plus a penalty of ten per cent of the
1358-amount required to the State Treasurer within thirty days of receipt of
1359-notice from the executive director or [his] the executive director's
1360-designee of the amount of the underpayment and penalty.
1361-(d) If an audit conducted by the Office of Higher Education
1362-determines that a school has paid into the private [occupational] career
1363-school student protection account an amount more than was required,
1364-subsequent payment or payments by the school shall be appropriately
1365-credited until such credited payment or payments equal the amount of
1366-the overpayment.
1367-Sec. 28. Section 10a-22v of the 2022 supplement to the general statutes
1368-is repealed and the following is substituted in lieu thereof (Effective July
1369-1, 2022):
1370-Any student enrolled in a private [occupational] career school
1371-authorized in accordance with the provisions of sections 10a-22a to 10a-
1372-22o, inclusive, as amended by this act, who is unable to complete an
1373-approved course or unit of instruction at such school because of the
1374-insolvency or cessation of operation of the school and who has paid
1375-tuition for such course or unit of instruction, may, not later than two
1376-years after the date on which such school became insolvent or ceased Senate Bill No. 105
1377-
1378-Public Act No. 22-123 42 of 58
1379-
1380-operations, make application to the executive director for a refund of
1381-tuition from the account established pursuant to section 10a-22u, as
1382-amended by this act, to the extent that such account exists or has reached
1383-the level necessary to pay outstanding approved claims, except that in
1384-the case of distance learning and correspondence schools authorized in
1385-accordance with the provisions of section 10a-22h, as amended by this
1386-act, only Connecticut residents enrolled in such schools may be eligible
1387-for such refund. Upon such application, the executive director shall
1388-determine whether the applicant is unable to complete a course or unit
1389-of instruction because of the insolvency or cessation of operation of the
1390-school to which tuition has been paid. The executive director may
1391-summon by subpoena any person, records or documents pertinent to
1392-the making of a determination regarding insolvency or cessation of
1393-operation. For the purpose of making any tuition refund pursuant to
1394-this section, a school shall be deemed to have ceased operation
1395-whenever it has failed to complete a course or unit of instruction for
1396-which the student has paid a tuition fee and, as a result, the school's
1397-authorization has been revoked pursuant to section 10a-22f, as amended
1398-by this act. If the executive director finds that the applicant is entitled to
1399-a refund of tuition because of the insolvency or cessation of operation of
1400-the school, the executive director shall determine the amount of an
1401-appropriate refund which shall be equal to the tuition paid for the
1402-uncompleted course or unit of instruction. Thereafter the executive
1403-director shall direct the State Treasurer to pay, per order of the
1404-Comptroller, the refund to the applicant or persons, agencies or
1405-organizations indicated by the applicant who have paid tuition on the
1406-student's behalf. If the student is a minor, payment shall be made to the
1407-student's parent, parents or legal guardian. In no event shall a refund be
1408-made from the student protection account for any financial aid provided
1409-to or on behalf of any student in accordance with the provisions of Title
1410-IV, Part B of the Higher Education Act of 1965, as amended from time
1411-to time. Each recipient of a tuition refund made in accordance with the
1412-provisions of this section shall assign all rights to the state of any action Senate Bill No. 105
1413-
1414-Public Act No. 22-123 43 of 58
1415-
1416-against the school or its owner or owners for tuition amounts
1417-reimbursed pursuant to this section. Upon such assignment, the state
1418-may take appropriate action against the school or its owner or owners
1419-in order to reimburse the student protection account for any expenses
1420-or claims that are paid from the account and to reimburse the state for
1421-the reasonable and necessary expenses in undertaking such action. Any
1422-student who falsifies information on an application for tuition
1423-reimbursement shall lose his or her right to any refund from the account.
1424-Sec. 29. Subsection (c) of section 10-95r of the general statutes is
1425-repealed and the following is substituted in lieu thereof (Effective July 1,
1426-2022):
1427-(c) The executive director may enter into cooperative arrangements
1428-with local and regional boards of education, private [occupational]
1429-career schools, institutions of higher education, job training agencies
1430-and employers in order to provide (1) general education, (2) vocational,
1431-technical, technological or postsecondary education, and (3) work
1432-experience.
1433-Sec. 30. Subdivision (1) of subsection (a) of section 10a-11b of the 2022
1434-supplement to the general statutes is repealed and the following is
1435-substituted in lieu thereof (Effective July 1, 2022):
1436-(1) The commission shall consist of the following voting members:
1437-(A) The president of the Connecticut State Colleges and Universities, the
1438-president of The University of Connecticut, or their designees from the
1439-Board of Regents and Board of Trustees; (B) the provost of the
1440-Connecticut State Colleges and Universities and the provost of The
1441-University of Connecticut; (C) the chair of the Board of Regents for the
1442-Connecticut State Colleges and Universities, and the Board of Trustees
1443-for The University of Connecticut, or the chairs' designees; (D) the
1444-president, vice president or chair of the board of a large independent
1445-institution of higher education in the state, to be selected by the Senate Bill No. 105
1446-
1447-Public Act No. 22-123 44 of 58
1448-
1449-president of the Connecticut Conference of Independent Colleges; (E)
1450-the president, vice president or chair of the board of a small independent
1451-institution of higher education in the state, to be selected by the
1452-president of the Connecticut Conference of Independent Colleges; (F) a
1453-representative from a private [occupational] career school, to be selected
1454-by the Commissioner of Education; (G) a teaching faculty representative
1455-from the Connecticut State Universities, to be selected by the president
1456-of the Connecticut State Colleges and Universities; (H) a teaching faculty
1457-representative from the regional community-technical colleges, to be
1458-selected by the president of the Connecticut State Colleges and
1459-Universities; (I) a teaching faculty representative from The University of
1460-Connecticut, to be selected by the president of The University of
1461-Connecticut; (J) a teaching faculty representative from a private
1462-[occupational] career school in the state, to be selected by the
1463-Commissioner of Education; (K) one member appointed by the
1464-president pro tempore of the Senate, who shall be a representative of a
1465-large manufacturing employer in the state; (L) one member appointed
1466-by the speaker of the House of Representatives, who shall be a
1467-representative of a large financial or insurance services employer in the
1468-state; (M) one member appointed by the majority leader of the Senate,
1469-who shall be a representative of an information technology or digital
1470-media employer in the state; (N) one member appointed by the minority
1471-leader of the Senate, who shall be a representative of a small business
1472-employer in the state; (O) one member appointed by the majority leader
1473-of the House of Representatives, who shall be a representative of a
1474-health care employer in the state; and (P) one member appointed by the
1475-minority leader of the House of Representatives, who shall be a
1476-representative of a small business employer in the state. The
1477-commission membership shall, where feasible, reflect the state's
1478-geographic, racial and ethnic diversity.
1479-Sec. 31. Section 10a-34h of the 2022 supplement to the general statutes
1480-is repealed and the following is substituted in lieu thereof (Effective July Senate Bill No. 105
1481-
1482-Public Act No. 22-123 45 of 58
1483-
1484-1, 2022):
1485-(a) As used in this section:
1486-(1) "Credential" means a documented award issued by an authorized
1487-body, including, but not limited to, a (A) degree or certificate awarded
1488-by an institution of higher education, private [occupational] career
1489-school or provider of an alternate route to certification program
1490-approved by the State Board of Education for teachers, (B) certification
1491-awarded through an examination process designed to demonstrate
1492-acquisition of designated knowledge, skill and ability to perform a
1493-specific job, (C) license issued by a governmental agency which permits
1494-an individual to practice a specific occupation upon verification that
1495-such individual meets a predetermined list of qualifications, and (D)
1496-documented completion of an apprenticeship or job training program;
1497-and
1498-(2) "Credential status type" means the official status of a credential
1499-which is either active, deprecated, probationary or superseded.
1500-(b) Not later than January 1, 2023, the executive director of the Office
1501-of Higher Education, in consultation with the advisory council
1502-established pursuant to subsection (c) of this section, shall create a
1503-database of credentials offered in the state for the purpose of explaining
1504-the skills and competencies earned through a credential in uniform
1505-terms and plain language. In creating the database, the executive
1506-director shall utilize the minimum data policy of the New England
1507-Board of Higher Education's High Value Credentials for New England
1508-initiative, the uniform terms and descriptions of Credentials Engine's
1509-Credential Transparency Description Language and the uniform
1510-standards for comparing and linking credentials in Credential Engine's
1511-Credential Transparency Description Language -Achievement
1512-Standards Network. At a minimum, the database shall include the
1513-following information for each credential: (1) Credential status type, (2) Senate Bill No. 105
1514-
1515-Public Act No. 22-123 46 of 58
1516-
1517-the entity that owns or offers the credential, (3) the type of credential
1518-being offered, (4) a short description of the credential, (5) the name of
1519-the credential, (6) the Internet web site that provides information
1520-relating to the credential, (7) the language in which the credential is
1521-offered, (8) the estimated duration for completion, (9) the industry
1522-related to the credential which may include its code under the North
1523-American Industry Classification System, (10) the occupation related to
1524-the credential which may include its code under the standard
1525-occupational classification system of the Bureau of Labor Statistics of the
1526-United States Department of Labor or under The Occupationa l
1527-Information Network, (11) the estimated cost for earning the credential,
1528-and (12) a listing of online or physical locations where the credential is
1529-offered.
1530-(c) There is established an advisory council for the purpose of
1531-advising the executive director of the Office of Higher Education on the
1532-implementation of the database created pursuant to subsection (b) of
1533-this section. The advisory council shall consist of (1) representatives
1534-from the Office of Workforce Strategy, Office of Higher Education,
1535-Office of Policy and Management, Labor Department, Department of
1536-Education, Connecticut State Colleges and Universities, The University
1537-of Connecticut and independent institutions of higher education, and
1538-(2) the Chief Data Officer, or such officer's designee. The Chief
1539-Workforce Officer, the Chief Data Officer and the executive director of
1540-the Office of Higher Education, or their designees, shall be
1541-cochairpersons of the advisory council and shall schedule the meetings
1542-of the advisory council.
1543-(d) Not later than July 1, 2024, and annually thereafter, each regional
1544-workforce development board, community action agency, as defined in
1545-section 17b-885, institution of higher education, private [occupational]
1546-career school, provider of an alternate route to certification program
1547-approved by the State Board of Education, and provider of a training Senate Bill No. 105
1548-
1549-Public Act No. 22-123 47 of 58
1550-
1551-program listed on the Labor Department's Eligible Training Provider
1552-List shall submit information, in the form and manner prescribed by the
1553-executive director of the Office of Higher Education, about any
1554-credential offered by such institution, school or provider for inclusion
1555-in the database created pursuant to subsection (b) of this section. Such
1556-information shall include, but need not be limited to, the data described
1557-in subdivisions (1) to (12), inclusive, of subsection (b) of this section,
1558-except an institution of higher education may omit the data required
1559-pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section
1560-if such data is not applicable to a credential offered by such institution.
1561-(e) Nothing in this section shall be construed to require any state
1562-agency or department to submit credential information to the database
1563-created pursuant to subsection (b) of this section.
1564-(f) The Labor Department may, in consultation with the advisory
1565-council established pursuant to subsection (c) of this section, require any
1566-program sponsor of a preapprenticeship or apprenticeship program
1567-registered with the department to submit information about such
1568-program to the Office of Higher Education for inclusion in such
1569-database.
1570-Sec. 32. Subsection (c) of section 10a-55a of the 2022 supplement to
1571-the general statutes is repealed and the following is substituted in lieu
1572-thereof (Effective July 1, 2022):
1573-(c) On or before October 1, 2007, each institution of higher education
1574-and private [occupational] career school, as defined in section 10a-22a,
1575-as amended by this act, shall have an emergency response plan. On or
1576-before October 1, 2007, and annually thereafter, each institution of
1577-higher education and private [occupational] career school shall submit
1578-a copy of its emergency response plan to (1) the Commissioner of
1579-Emergency Services and Public Protection, and (2) local first responders.
1580-Such plan shall be developed in consultation with such first responders Senate Bill No. 105
1581-
1582-Public Act No. 22-123 48 of 58
1583-
1584-and shall include a strategy for notifying students and employees of the
1585-institution or school and visitors to such institution or school of
1586-emergency information.
1587-Sec. 33. Section 10a-161a of the general statutes is repealed and the
1588-following is substituted in lieu thereof (Effective July 1, 2022):
1589-The president of the Connecticut State Colleges and Universities and
1590-the Office of Higher Education shall report, biennially, in accordance
1591-with the provisions of section 11-4a, to the joint standing committee of
1592-the General Assembly having cognizance of matters relating to higher
1593-education on state, northeast regional and national trends in (1) the cost
1594-of attendance at public and independent institutions of higher education
1595-and private [occupational] career schools, and (2) the availability and
1596-utilization of all forms of student financial aid for academic and
1597-noncredit vocational courses and programs relative to economic
1598-conditions and personal income.
1599-Sec. 34. Subdivisions (21) and (22) of section 10a-223 of the 2022
1600-supplement to the general statutes, as amended by section 273 of public
1601-act 21-2 of the June special session, are repealed and the following is
1602-substituted in lieu thereof (Effective July 1, 2022):
1603-(21) "High-value certificate program" means a noncredit sub-
1604-baccalaureate certificate program offered by an institution of higher
1605-education or a private [occupational] career school that the Chief
1606-Workforce Officer determines to meet the needs of employers in the
1607-state; and
1608-(22) "Connecticut high-value certificate program" means a high-value
1609-certificate program offered by an institution of higher education or a
1610-private [occupational] career school in the state.
1611-Sec. 35. Subdivision (109) of section 12-412 of the 2022 supplement to
1612-the general statutes is repealed and the following is substituted in lieu Senate Bill No. 105
1613-
1614-Public Act No. 22-123 49 of 58
1615-
1616-thereof (Effective July 1, 2022):
1617-(109) Sales of college textbooks to full and part-time students enrolled
1618-at institutions of higher education or private [occupational] career
1619-schools authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as
1620-amended by this act, provided the student presents a valid student
1621-identification card. For purposes of this subdivision, "college textbooks"
1622-means new or used books and related workbooks required or
1623-recommended for a course at an institution of higher education or a
1624-private [occupational] career school authorized pursuant to sections
1625-10a-22a to 10a-22o, inclusive, as amended by this act.
1626-Sec. 36. Subdivision (1) of subsection (a) of section 13b-38ee of the
1627-2022 supplement to the general statutes is repealed and the following is
1628-substituted in lieu thereof (Effective July 1, 2022):
1629-(1) "Eligible organization" means any provider of a training program
1630-including, but not limited to, a provider of a training program listed on
1631-the Labor Department's Eligible Training Provider List, an
1632-apprenticeship or preapprenticeship program sponsor, a provider of an
1633-alternate route to certification program approved by the State Board of
1634-Education, an institution of higher education, a private [occupational]
1635-career school, an employer, a state or municipal agency and a public or
1636-nonprofit social service provider in the state; and
1637-Sec. 37. Subsection (a) of section 14-37a of the general statutes is
1638-repealed and the following is substituted in lieu thereof (Effective July 1,
1639-2022):
1640-(a) Any person whose operator's license has been suspended
1641-pursuant to any provision of this chapter or chapter 248, except
1642-pursuant to section 14-215 for operating under suspension or pursuant
1643-to section 14-140 for failure to appear for any scheduled court
1644-appearance, and any person identified in subsection (g) of this section Senate Bill No. 105
1645-
1646-Public Act No. 22-123 50 of 58
1647-
1648-may make application to the Commissioner of Motor Vehicles for (1) a
1649-special "work" permit to operate a motor vehicle to and from such
1650-person's place of employment or, if such person is not employed at a
1651-fixed location, to operate a motor vehicle only in connection with, and
1652-to the extent necessary, to properly perform such person's business or
1653-profession, (2) a special "education" permit to operate a motor vehicle to
1654-and from an institution of higher education or a private [occupational]
1655-career school, as defined in section 10a-22a, as amended by this act, in
1656-which such person is enrolled, provided no such special "education"
1657-permit shall be issued to any student enrolled in a high school under the
1658-jurisdiction of a local or regional board of education, a high school under
1659-the jurisdiction of a regional educational service center, a charter school,
1660-a regional agricultural science and technology education center or a
1661-technical education and career school, or (3) a special "medical" permit
1662-to operate a motor vehicle to and from any ongoing medically necessary
1663-treatment, available upon adoption by the commissioner of regulations
1664-pursuant to chapter 54, that describe qualifications for such permit. Such
1665-application shall be accompanied by an application fee of one hundred
1666-dollars.
1667-Sec. 38. Subsection (a) of section 17b-749 of the 2022 supplement to
1668-the general statutes is repealed and the following is substituted in lieu
1669-thereof (Effective July 1, 2022):
1670-(a) The Commissioner of Early Childhood shall establish and operate
1671-a child care subsidy program to increase the availability, affordability
1672-and quality of child care services for families with a parent or caretaker
1673-who (1) is (A) working or attending high school, or (B) subject to the
1674-provisions of subsection (d) of this section, is enrolled or participating
1675-in (i) a public or independent institution of higher education, (ii) a
1676-private [occupational] career school authorized pursuant to sections
1677-10a-22a to 10a-22o, inclusive, as amended by this act, (iii) a job training
1678-or employment program administered by a regional workforce Senate Bill No. 105
1679-
1680-Public Act No. 22-123 51 of 58
1681-
1682-development board, (iv) an apprenticeship program administered by
1683-the Labor Department's office of apprenticeship training, (v) an
1684-alternate route to certification program approved by the State Board of
1685-Education, (vi) an adult education program pursuant to section 10-69 or
1686-other high school equivalency program, or (vii) a local Even Start
1687-program or other adult education program approved by the
1688-Commissioner of Early Childhood; or (2) receives cash assistance under
1689-the temporary family assistance program from the Department of Social
1690-Services and is participating in an education, training or other job
1691-preparation activity approved pursuant to subsection (b) of section 17b-
1692-688i or subsection (b) of section 17b-689d. Services available under the
1693-child care subsidy program shall include the provision of child care
1694-subsidies for children under the age of thirteen or children under the
1695-age of nineteen with special needs. The Office of Early Childhood shall
1696-open and maintain enrollment for the child care subsidy program and
1697-shall administer such program within the existing budgetary resources
1698-available. The office shall issue a notice on the office's Internet web site
1699-any time the office closes the program to new applications, changes
1700-eligibility requirements, changes program benefits or makes any other
1701-change to the program's status or terms, except the office shall not be
1702-required to issue such notice when the office expands program
1703-eligibility. Any change in the office's acceptance of new applications,
1704-eligibility requirements, program benefits or any other change to the
1705-program's status or terms for which the office is required to give notice
1706-pursuant to this subsection, shall not be effective until thirty days after
1707-the office issues such notice.
1708-Sec. 39. Subsection (a) of section 31-11ss of the 2022 supplement to the
1709-general statutes is repealed and the following is substituted in lieu
1710-thereof (Effective July 1, 2022):
1711-(a) As used in this section:
1712-(1) "Advanced manufacturing" means a manufacturing process that Senate Bill No. 105
1713-
1714-Public Act No. 22-123 52 of 58
1715-
1716-makes extensive use of computer, high-precision or information
1717-technologies integrated with a high-performance workforce in a
1718-production system capable of furnishing a heterogeneous mix of
1719-products in small or large volumes with either the efficiency of mass
1720-production or the flexibility of custom manufacturing in order to
1721-respond quickly to customer demands. "Advanced manufacturing"
1722-includes newly developed methods to manufacture existing products
1723-and the manufacture of new products emerging from new advanced
1724-technologies;
1725-(2) "Eligible business" means a business that (A) has operations in
1726-Connecticut, (B) has been registered to conduct business for not less than
1727-twelve months, and (C) is in good standing with respect to the payment
1728-of all state and local taxes. "Eligible business" does not include the state
1729-or any political subdivision thereof;
1730-(3) ["Private occupational school"] "Private career school" has the
1731-same meaning as provided in section 10a-22a, as amended by this act;
1732-(4) "Public institution of higher education" means any of the
1733-institutions of higher education identified in subdivision (2) of section
1734-10a-1;
1735-(5) "Qualifying advanced manufacturing certificate program" means
1736-a for-credit or noncredit sub-baccalaureate advanced manufacturing
1737-certificate program offered by a public institution of higher education
1738-or a private [occupational] career school in which at least seventy-five
1739-per cent of the graduates of such certificate program are employed in a
1740-field related to or requiring such certificate in the year following
1741-graduation; and
1742-(6) "Veteran" has the same meaning as provided in section 27-103.
1743-Sec. 40. Section 46b-56c of the 2022 supplement to the general statutes
1744-is repealed and the following is substituted in lieu thereof (Effective July Senate Bill No. 105
1745-
1746-Public Act No. 22-123 53 of 58
1747-
1748-1, 2022):
1749-(a) For purposes of this section, an educational support order is an
1750-order entered by a court requiring a parent to provide support for a
1751-child or children to attend for up to a total of four full academic years
1752-an institution of higher education or a private [occupational] career
1753-school for the purpose of attaining a bachelor's or other undergraduate
1754-degree, or other appropriate vocational instruction. An educational
1755-support order may be entered with respect to any child who has not
1756-attained twenty-three years of age and shall terminate not later than the
1757-date on which the child attains twenty-three years of age.
1758-(b) (1) On motion or petition of a parent, the court may enter an
1759-educational support order at the time of entry of a decree of dissolution,
1760-legal separation or annulment, and no educational support order may
1761-be entered thereafter unless the decree explicitly provides that a motion
1762-or petition for an educational support order may be filed by either
1763-parent at a subsequent date. If no educational support order is entered
1764-at the time of entry of a decree of dissolution, legal separation or
1765-annulment, and the parents have a child who has not attained twenty-
1766-three years of age, the court shall inform the parents that no educational
1767-support order may be entered thereafter. The court may accept a
1768-parent's waiver of the right to file a motion or petition for an educational
1769-support order upon a finding that the parent fully understands the
1770-consequences of such waiver.
1771-(2) A waiver of the right to file a motion or petition for an educational
1772-support order may be made in writing by either parent and accepted by
1773-the court, provided the parent making the writing attests, under oath,
1774-that the parent fully understands the consequences of such waiver, and
1775-that no restraining order issued pursuant to section 46b-15 or protective
1776-order issued pursuant to section 46b-38c, between the parties is in effect
1777-or pending before the court. The provisions of this subdivision shall not
1778-preclude the court from requiring that the parties attend a hearing and Senate Bill No. 105
1779-
1780-Public Act No. 22-123 54 of 58
1781-
1782-that findings be made on the record.
1783-(3) On motion or petition of a parent, the court may enter an
1784-educational support order at the time of entry of an order for support
1785-pendente lite pursuant to section 46b-83.
1786-(4) On motion or petition of a parent, the court may enter an
1787-educational support order at the time of entering an order of support
1788-pursuant to section 46b-61 or 46b-171, or similar section of the general
1789-statutes, or at any time thereafter.
1790-(5) On motion or petition of a parent, the court may enter an
1791-educational support order at the time of entering an order pursuant to
1792-any other provision of the general statutes authorizing the court to make
1793-an order of support for a child, subject to the provisions of sections 46b-
1794-301 to 46b-425, inclusive.
1795-(c) The court may not enter an educational support order pursuant to
1796-this section unless the court finds as a matter of fact that it is more likely
1797-than not that the parents would have provided support to the child for
1798-higher education or private [occupational] career school if the family
1799-were intact. After making such finding, the court, in determining
1800-whether to enter an educational support order, shall consider all
1801-relevant circumstances, including: (1) The parents' income, assets and
1802-other obligations, including obligations to other dependents; (2) the
1803-child's need for support to attend an institution of higher education or
1804-private [occupational] career school considering the child's assets and
1805-the child's ability to earn income; (3) the availability of financial aid from
1806-other sources, including grants and loans; (4) the reasonableness of the
1807-higher education to be funded considering the child's academic record
1808-and the financial resources available; (5) the child's preparation for,
1809-aptitude for and commitment to higher education; and (6) evidence, if
1810-any, of the institution of higher education or private [occupational]
1811-career school the child would attend. Senate Bill No. 105
1812-
1813-Public Act No. 22-123 55 of 58
1814-
1815-(d) Any finding required to be made by the court, pursuant to this
1816-section may be made on the basis of an affidavit, made under oath, by
1817-either party, provided that the party making the affidavit attests that no
1818-restraining order issued pursuant to section 46b-15 or protective order,
1819-issued pursuant to section 46b-38c, between the parties is in effect or
1820-pending before the court. Nothing in this subsection shall preclude the
1821-court from requiring that the parties attend a hearing and that findings
1822-be made on the record.
1823-(e) At the appropriate time, both parents shall participate in, and
1824-agree upon, the decision as to which institution of higher education or
1825-private [occupational] career school the child will attend. The court may
1826-make an order resolving the matter if the parents fail to reach an
1827-agreement.
1828-(f) To qualify for payments due under an educational support order,
1829-the child must (1) enroll in an accredited institution of higher education
1830-or private [occupational] career school, as defined in section 10a-22a, as
1831-amended by this act, (2) actively pursue a course of study
1832-commensurate with the child's vocational goals that constitutes at least
1833-one-half the course load determined by that institution or school to
1834-constitute full-time enrollment, (3) maintain good academic standing in
1835-accordance with the rules of the institution or school, and (4) make
1836-available all academic records to both parents during the term of the
1837-order. The order shall be suspended after any academic period during
1838-which the child fails to comply with these conditions.
1839-(g) The educational support order may include support for any
1840-necessary educational expense, including room, board, dues, tuition,
1841-fees, registration and application costs, but such expenses shall not be
1842-more than the amount charged by The University of Connecticut for a
1843-full-time in-state student at the time the child for whom educational
1844-support is being ordered matriculates, except this limit may be exceeded
1845-by agreement of the parents. An educational support order may also Senate Bill No. 105
1846-
1847-Public Act No. 22-123 56 of 58
1848-
1849-include the cost of books and medical insurance for such child.
1850-(h) The court may direct that payments under an educational support
1851-order be made (1) to a parent to be forwarded to the institution of higher
1852-education or private [occupational] career school, (2) directly to the
1853-institution or school, or (3) otherwise as the court determines to be
1854-appropriate.
1855-(i) On motion or petition of a parent, an educational support order
1856-may be modified or enforced in the same manner as is provided by law
1857-for any support order.
1858-(j) This section does not create a right of action by a child for parental
1859-support for higher education.
1860-(k) An educational support order under this section does not include
1861-support for graduate or postgraduate education beyond a bachelor's
1862-degree.
1863-(l) The provisions of this section shall apply only in cases when the
1864-initial order for parental support of the child is entered on or after
1865-October 1, 2002.
1866-Sec. 41. Subsection (a) of section 10a-55i of the 2022 supplement to the
1867-general statutes is repealed and the following is substituted in lieu
1868-thereof (Effective July 1, 2022):
1869-(a) There is established a Higher Education Consolidation Committee
1870-which shall be convened by the chairpersons of the joint standing
1871-committee of the General Assembly having cognizance of matters
1872-relating to higher education or such chairpersons' designee, who shall
1873-be a member of such joint standing committee. The membership of the
1874-Higher Education Consolidation Committee shall consist of the higher
1875-education subcommittee on appropriations and the chairpersons, vice
1876-chairpersons and ranking members of the joint standing committees of Senate Bill No. 105
1877-
1878-Public Act No. 22-123 57 of 58
1879-
1880-the General Assembly having cognizance of matters relating to higher
1881-education and appropriations. The Higher Education Consolidation
1882-Committee shall establish a meeting and public hearing schedule for
1883-purposes of receiving updates from (1) the Board of Regents for Higher
1884-Education on the progress of the consolidation of the state system of
1885-higher education pursuant to this section, section 4-9c, subsection (g) of
1886-section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection
1887-(a) of section 7-608, subsection (a) of section 10-9, section 10-155d,
1888-subdivision (14) of section 10-183b, sections 10a-1a to 10a-1d, inclusive,
1889-as amended by this act, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a,
1890-inclusive, 10a-17d and 10a-22a, as amended by this act, [subsections (f)
1891-and (h)] subsection (f) of section 10a-22b, as amended by this act,
1892-subsections (c) and (d) of section 10a-22d, as amended by this act,
1893-sections 10a-22h, as amended by this act, and 10a-22k, subsection (a) of
1894-section 10a-22n, as amended by this act, sections 10a-22r, as amended
1895-by this act, 10a-22s, 10a-22u, as amended by this act, 10a-22v, as
1896-amended by this act, 10a-22x and 10a-34 to 10a-35a, inclusive, as
1897-amended by this act, subsection (a) of section 10a-48a, sections 10a-71
1898-and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88,
1899-subsection (a) of section 10a-89, subsection (c) of section 10a-99 and
1900-sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a-168a, and
1901-(2) the Board of Regents for Higher Education and The University of
1902-Connecticut on the program approval process for the constituent units.
1903-The Higher Education Consolidation Committee shall convene its first
1904-meeting on or before September 15, 2011, and meet not less than once
1905-every two months.
1906-Sec. 42. (Effective from passage) (a) Wherever the term "private
1907-occupational school" is used in any public or special act of 2022, the term
1908-"private career school" shall be substituted in lieu thereof.
1909-(b) The Legislative Commissioners' Office shall, in codifying the
1910-provisions of this section, make such technical, grammatical and Senate Bill No. 105
1911-
1912-Public Act No. 22-123 58 of 58
1913-
1914-punctuation changes as are necessary to carry out the purposes of this
1915-section.
1916-Sec. 43. Subsection (a) of section 10a-55s of the 2022 supplement to
1917-the general statutes is repealed and the following is substituted in lieu
1918-thereof (Effective from passage):
1919-(a) On or before March 1, [2023] 2024, and every two years thereafter,
1920-each institution of higher education in the state shall conduct a sexual
1921-misconduct climate assessment that collects the data points developed
1922-by the Council on Sexual Misconduct Climate Assessments, pursuant to
1923-section 10a-55r, and distribute such assessment to each enrolled student
1924-in accordance with the guidelines recommended by said council. An
1925-institution may use any sexual misconduct climate assessment,
1926-including, but not limited to, one recommended by the council or
1927-developed by an institution of higher education or a national
1928-association, provided such assessment collects all of the data points
1929-developed by the council.
1930-Sec. 44. Section 10a-22y of the general statutes is repealed. (Effective
1931-July 1, 2022)
26+Section 1. Section 4-5 of the 2022 supplement to the general statutes, 1
27+as amended by section 6 of public act 17-237, section 279 of public act 2
28+17-2 of the June special session, section 20 of public act 18-182, section 3
29+283 of public act 19-117 and section 254 of public act 21-2 of the June 4
30+special session, is repealed and the following is substituted in lieu 5
31+thereof (Effective July 1, 2022): 6
32+As used in sections 4-6, 4-7 and 4-8, the term "department head" 7
33+means Secretary of the Office of Policy and Management, Commissioner 8
34+of Administrative Services, Commissioner of Revenue Services, 9
35+Banking Commissioner, Commissioner of Children and Families, 10
36+Commissioner of Consumer Protection, Commissioner of Correction, 11
37+Commissioner of Economic and Community Development, State Board 12
38+of Education, Commissioner of Emergency Services and Public 13
39+Protection, Commissioner of Energy and Environmental Protection, 14 Raised Bill No. 105
40+
41+
42+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
43+R01-SB.docx }
44+2 of 53
45+
46+Commissioner of Agriculture, Commissioner of Public Health, 15
47+Insurance Commissioner, Labor Commissioner, Commissioner of 16
48+Mental Health and Addiction Services, Commissioner of Social Services, 17
49+Commissioner of Developmental Services, Commissioner of Motor 18
50+Vehicles, Commissioner of Transportation, Commissioner of Veterans 19
51+Affairs, Commissioner of Housing, Commissioner of Rehabilitation 20
52+Services, the Commissioner of Early Childhood, the executive director 21
53+of the Office of Military Affairs, the executive director of the Technical 22
54+Education and Career System, [and] the Chief Workforce Officer and the 23
55+executive director of the Office of Higher Education. As used in sections 24
56+4-6 and 4-7, "department head" also means the Commissioner of 25
57+Education. 26
58+Sec. 2. Section 10a-1d of the general statutes is repealed and the 27
59+following is substituted in lieu thereof (Effective October 1, 2022): 28
60+(a) There is established an Office of Higher Education. The Office of 29
61+Higher Education shall administer the programs set forth in sections 10-30
62+155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f, 31
63+inclusive, as amended by this act, 10a-35, 10a-166, 10a-168a, 10a-169a, 32
64+10a-169b and 10a-173. The Office of Higher Education shall be 33
65+responsible for approving any action taken pursuant to sections 10a-34 34
66+to 10a-34f, inclusive, as amended by this act, and for providing 35
67+information to prospective students regarding postsecondary education 36
68+opportunities in the state. 37
69+(b) The Governor shall appoint an executive director of the Office of 38
70+Higher Education in accordance with the provisions of sections 4-5 to 4-39
71+8, inclusive, as amended by this act. The executive director shall have 40
72+the responsibility for implementing the policies and directives of the 41
73+office and shall have additional responsibilities as the board may 42
74+prescribe. 43
75+Sec. 3. Section 10a-34 of the 2022 supplement to the general statutes 44
76+is repealed and the following is substituted in lieu thereof (Effective 45
77+October 1, 2022): 46 Raised Bill No. 105
78+
79+
80+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
81+R01-SB.docx }
82+3 of 53
83+
84+(a) For the purposes of this section, (1) "program of higher learning" 47
85+means any course of instruction for which it is stated or implied that 48
86+college or university-level credit may be given or may be received by 49
87+transfer, including any course offered by dual enrollment; (2) "degree" 50
88+means any letters or words, diploma, certificate or other symbol or 51
89+document which signifies satisfactory completion of the requirements 52
90+of a program of higher learning; (3) "institution of higher education" 53
91+means any person, school, board, association, limited liability company 54
92+or corporation which is [licensed or accredited] authorized to offer one 55
93+or more programs of higher learning leading to one or more degrees; (4) 56
94+["license" means the authorization by the Office of Higher Education to 57
95+operate a program of higher learning or institution of higher education 58
96+for a specified initial period] "authorized institution of higher 59
97+education" means any proposed new institution of higher education, 60
98+any institution of higher education authorized by another state and any 61
99+institution of higher education located in this state, but does not mean 62
100+any public institution of higher education governed by the Board of 63
101+Regents for Higher Education and the Board of Trustees of The 64
102+University of Connecticut or any institution of higher education 65
103+authorized to award degrees prior to July 1, 1965; (5) ["accreditation"] 66
104+"authorization" means the [authorization by said office to] approval by 67
105+the Office of Higher Education to operate or continue operating a 68
106+program of higher learning or institution of higher education for 69
107+subsequent periods, and in such periods to confer specified degrees; (6) 70
108+"program modification" means (A) a change in a program of higher 71
109+learning that does not clearly qualify as a new program of higher 72
110+learning or a nonsubstantive change, including, but not limited to, a new 73
111+program of higher learning consisting primarily of course work for a 74
112+previously approved program of higher learning, (B) an approved 75
113+program of higher learning to be offered at an off-campus location, (C) 76
114+a change in the title of a degree, or (D) a change in the title of a program 77
115+of higher learning; and (7) "nonsubstantive change" means (A) a new 78
116+undergraduate certificate program, within an existing program of 79
117+higher learning, of not more than thirty semester credit hours that falls 80
118+under an approved program of higher learning, (B) a new baccalaureate 81 Raised Bill No. 105
119+
120+
121+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
122+R01-SB.docx }
123+4 of 53
124+
125+minor of not more than eighteen semester credit hours, (C) a new 82
126+undergraduate option or certificate program of not more than fifteen 83
127+semester credit hours, or (D) a new graduate option or certificate 84
128+program of not more than twelve semester credit hours. 85
129+(b) The Office of Higher Education shall establish regulations, in 86
130+accordance with chapter 54, concerning the requirements for [licensure 87
131+and accreditation, such regulations to concern] authorization, 88
132+administration, finance, faculty, curricula, library, student admission 89
133+and graduation, plant and equipment, records, catalogs, program 90
134+announcements and any other criteria pertinent thereto, as well as the 91
135+periods for which [licensure and accreditation] authorization may be 92
136+granted, and the costs and procedures of evaluations as provided in 93
137+subsections (c), (d) and (i) of this section. [Said office shall establish 94
138+academic review commissions to hear each appeal of a denial by said 95
139+office of an application by an institution of higher education for 96
140+licensure or accreditation of a program of higher learning or institution 97
141+of higher education. For each individual appeal, the executive director 98
142+of said office, or the executive director's designee, shall select a 99
143+commission that is comprised of four higher education representatives 100
144+and five business and industry representatives chosen from a panel of 101
145+thirty-five members, who shall be appointed as follows: (1) The 102
146+Governor shall appoint five members; (2) the speaker of the House of 103
147+Representatives shall appoint five members; (3) the president pro 104
148+tempore of the Senate shall appoint five members; (4) the majority 105
149+leader of the House of Representatives shall appoint five members; (5) 106
150+the majority leader of the Senate shall appoint five members; (6) the 107
151+minority leader of the House of Representatives shall appoint five 108
152+members; and (7) the minority leader of the Senate shall appoint five 109
153+members. The executive director of said office, or the executive 110
154+director's designee, shall ensure that each commission contains at least 111
155+one member appointed by each of the appointing authorities. Each 112
156+appointing authority shall select both higher education representatives 113
157+and business and industry representatives, but not more than three from 114
158+either category of representatives.] The office may establish an advisory 115 Raised Bill No. 105
159+
160+
161+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
162+R01-SB.docx }
163+5 of 53
164+
165+council for the purpose of advising on issues related to the authorization 116
166+of institutions of higher education pursuant to the provisions of this 117
167+section and private career schools pursuant to sections 10a-22a to 10a-118
168+22o, inclusive, as amended by this act. The members of the advisory 119
169+council shall be appointed by the executive director and consist of 120
170+representatives with (1) expertise in the quality assurance and relevance 121
171+of programs of higher learning, (2) knowledge of and experience in the 122
172+business operations and financing of institutions of higher education, 123
173+(3) knowledge of the laws and regulations applicable to institutions of 124
174+higher education, and (4) expertise in consumer protection for students 125
175+and prospective students of institutions of higher education. 126
176+(c) No person, school, board, association or corporation shall confer 127
177+any degree unless authorized by act of the General Assembly. No 128
178+application for authority to confer any such degree shall be approved 129
179+by the General Assembly or any committee thereof, nor shall any such 130
180+authority be included in any charter of incorporation until such 131
181+application has been evaluated and approved by the Office of Higher 132
182+Education in accordance with regulations established by the Office of 133
183+Higher Education. 134
184+(d) The Office of Higher Education shall review all requests and 135
185+applications for program modifications, nonsubstantive changes [, 136
186+licensure and accreditation] and authorizations. The office shall review 137
187+each application in consideration of the academic standards set forth in 138
188+the regulations for [licensure and accreditation] program approval 139
189+adopted by said office in accordance with the provisions of subsection 140
190+(b) of this section. Notwithstanding the provisions of section 10a-34e, as 141
191+amended by this act, any application that is determined by the office to 142
192+be for (1) a program modification that meets all such academic 143
193+standards, (2) a nonsubstantive change, [(3) licensure, or (4) 144
194+accreditation] or (3) authorization shall be deemed approved, and the 145
195+office shall notify the institution of such approval, not later than forty-146
196+five days from the date the office receives such application without 147
197+requiring any further action from the applicant. 148 Raised Bill No. 105
198+
199+
200+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
201+R01-SB.docx }
202+6 of 53
203+
204+(e) If the executive director of the Office of Higher Education, or the 149
205+executive director's designee, determines that further review of an 150
206+application is needed due at least in part to the applicant offering 151
207+instruction in a new program of higher learning or new degree level or 152
208+the financial condition of the institution of higher education, then the 153
209+executive director or the executive director's designee shall conduct a 154
210+focused or on-site review. Such applicant shall have an opportunity to 155
211+state any objection regarding any individual selected to review an 156
212+application on behalf of the executive director. For purposes of this 157
213+subsection and subsection (f) of this section, "focused review" means a 158
214+review by an out-of-state curriculum expert; and "on-site review" means 159
215+a full team evaluation by the office at the institution of higher education. 160
216+(f) The executive director of the Office of Higher Education, or the 161
217+executive director's designee, may require (1) a focused or on-site 162
218+review of any program application in a field requiring a license to 163
219+practice in Connecticut, and (2) evidence that a program application in 164
220+a field requiring a license to practice in Connecticut meets the state or 165
221+federal licensing requirements for such license. 166
222+(g) Any application for [licensure] authorization of a new institution 167
223+in this state shall be subject to an on-site review upon a determination 168
224+by the Office of Higher Education that the application is complete and 169
225+shall be reviewed at the institutional level for each program as described 170
226+in subsection (b) of this section. Such process shall be completed not 171
227+later than nine months from the date said office receives the application. 172
228+(h) If the Office of Higher Education denies an application for 173
229+[licensure or accreditation] authorization of a program or institution of 174
230+higher education, the applicant may appeal the denial not later than ten 175
231+days from the date of denial. [The academic review commission shall 176
232+review the appeal and make a decision on such appeal not later than 177
233+thirty days from the date the applicant submits the appeal to said office.] 178
234+(i) No person, school, board, association or corporation shall operate 179
235+a program of higher learning or an institution of higher education unless 180 Raised Bill No. 105
236+
237+
238+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
239+R01-SB.docx }
240+7 of 53
241+
242+it has been [licensed or accredited] authorized by the Office of Higher 181
243+Education, nor shall it confer any degree unless it has been [accredited] 182
244+authorized in accordance with this section. The office shall accept 183
245+[regional] accreditation, in satisfaction of the requirements of this 184
246+subsection unless the office finds cause not to rely upon such 185
247+accreditation. [If any institution of higher education provides evidence 186
248+of programmatic accreditation, the office may consider such 187
249+accreditation in satisfaction of the requirements of this subsection and 188
250+deem the program at issue in the application for accreditation to be 189
251+accredited in accordance with this section. National accreditation for 190
252+Connecticut institutions of higher education accredited prior to July 1, 191
253+2013, shall be accepted as being in satisfaction of the requirements of 192
254+this subsection unless the office finds cause not to rely on such national 193
255+accreditation.] 194
256+(j) No person, school, board, association or corporation shall use in 195
257+any way the term "junior college" or "college" or "university" or use any 196
258+other name, title, literature, catalogs, pamphlets or descriptive matter 197
259+tending to designate that it is an institution of higher education, or that 198
260+it may grant academic or professional degrees, unless the institution 199
261+[possesses a license from, or] has been [accredited] authorized by [,] the 200
262+office, nor shall it offer any program of higher learning without 201
263+[approval] authorization of the Office of Higher Education. 202
264+(k) Accreditation of any program or institution or authority to award 203
265+degrees granted in accordance with law prior to July 1, 1965, shall 204
266+continue in effect unless the Office of Higher Education finds the 205
267+institution is in an unsound financial condition or exhibiting financial 206
268+indicators that such institution is in danger of closure. 207
269+(l) On and after July 1, 2023, and annually thereafter, each authorized 208
270+institution of higher education shall submit to the Office of Higher 209
271+Education, at such time and in such manner as the office prescribes, a 210
272+report that includes, but need not be limited to, (1) a list of the programs 211
273+of higher learning offered by such institution, (2) a single point of 212
274+contact at such institution for student complaints, (3) the schedule of 213 Raised Bill No. 105
275+
276+
277+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
278+R01-SB.docx }
279+8 of 53
280+
281+tuition, fees and all other charges and expenses necessary for the 214
282+completion of a program of higher learning, (4) any decisions by such 215
283+institution's accreditation agency or the federal government that 216
284+adversely affects the status of such institution, (5) any change in 217
285+ownership, (6) a copy of the most recent audited financial statements 218
286+detailing the financial status of such institution, (7) any other 219
287+information necessary to determine whether such institution is in an 220
288+unsound financial condition or exhibiting financial indicators that such 221
289+institution is in danger of closure, and (8) the retention and graduation 222
290+rates of students, information concerning the employment outcomes of 223
291+graduates and any other information, as determined by the office in 224
292+consultation with such institution, to determine whether such 225
293+institution is maintaining quality programs of higher learning. Any 226
294+information submitted pursuant to subdivision (7) of this subsection 227
295+shall not be deemed to be a public record for purposes of the Freedom 228
296+of Information Act, as defined in section 1-200, and shall not be subject 229
297+to disclosure under the provisions of section 1-210. 230
298+[(l)] (m) Notwithstanding the provisions of subsections (b) to (j), 231
299+inclusive, of this section and subject to the authority of the State Board 232
300+of Education to regulate teacher education programs, an independent 233
301+institution of higher education, as defined in section 10a-173, shall not 234
302+require approval by the Office of Higher Education for any new 235
303+programs of higher learning or any program modifications proposed by 236
304+such institution until June 30, 2023, and for up to fifteen new programs 237
305+of higher learning in any academic year or any program modifications 238
306+proposed by such institution on and after July 1, 2023, provided (1) the 239
307+institution maintains eligibility to participate in financial aid programs 240
308+governed by Title IV, Part B of the Higher Education Act of 1965, as 241
309+amended from time to time, (2) the United States Department of 242
310+Education has not determined that the institution has a financial 243
311+responsibility score that is less than 1.5 for the most recent fiscal year for 244
312+which the data necessary for determining the score is available, and (3) 245
313+the institution has been located in the state and accredited as a degree-246
314+granting institution in good standing for ten years or more by a regional 247 Raised Bill No. 105
315+
316+
317+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
318+R01-SB.docx }
319+9 of 53
320+
321+accrediting association recognized by the Secretary of the United States 248
322+Department of Education and maintains such accreditation status. Each 249
323+institution that is exempt from program approval by the Office of 250
324+Higher Education under this subsection shall file with the office (A) on 251
325+and after July 1, 2023, an application for approval of any new program 252
326+of higher learning in excess of fifteen new programs in any academic 253
327+year, (B) a program actions form, as created by the office, prior to 254
328+students enrolling in any new program of higher learning or any 255
329+existing program subject to a program modification, and (C) not later 256
330+than July first, and annually thereafter, (i) until June 30, 2024, a list and 257
331+brief description of any new programs of higher learning introduced by 258
332+the institution in the preceding academic year and any existing 259
333+programs of higher learning discontinued by the institution in the 260
334+preceding academic year, (ii) the institution's current program approval 261
335+process and all actions of the governing board concerning approval of 262
336+any new program of higher learning, and (iii) the institution's financial 263
337+responsibility composite score, as determined by the United States 264
338+Department of Education, for the most recent fiscal year for which the 265
339+data necessary for determining the score is available. 266
340+Sec. 4. Section 10a-34c of the general statutes is repealed and the 267
341+following is substituted in lieu thereof (Effective October 1, 2022): 268
342+The executive director of the Office of Higher Education may conduct 269
343+an investigation and, through the Attorney General, maintain an action 270
344+in the name of the state against any person, school, board, association or 271
345+corporation to restrain or prevent the establishment or operation of an 272
346+institution that is not [licensed, accredited or] authorized to award 273
347+degrees by the Office of Higher Education pursuant to the provisions of 274
348+section 10a-34, as amended by this act. 275
349+Sec. 5. Subsection (a) of section 10a-34e of the 2022 supplement to the 276
350+general statutes is repealed and the following is substituted in lieu 277
351+thereof (Effective October 1, 2022): 278
352+(a) The Office of Higher Education may conduct any necessary 279 Raised Bill No. 105
353+
354+
355+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
356+R01-SB.docx }
357+10 of 53
358+
359+review, inspection or investigation regarding applications for [licensure 280
360+or accreditation] authorization or possible violations of this section, 281
361+sections 10a-34 to 10a-34d, inclusive, as amended by this act, section 10a-282
362+34g, as amended by this act, or any applicable regulations of 283
363+Connecticut state agencies. In connection with any investigation, the 284
364+executive director or the executive director's designee, may administer 285
365+oaths, issue subpoenas, compel testimony and order the production of 286
366+any record or document. If any person refuses to appear, testify or 287
367+produce any record or document when so ordered, the executive 288
368+director may seek relief pursuant to section 10a-34d. 289
369+Sec. 6. Subsection (a) of section 10a-34g of the general statutes is 290
370+repealed and the following is substituted in lieu thereof (Effective October 291
371+1, 2022): 292
372+(a) On and after January 1, 2020, any for-profit institution of higher 293
373+education licensed to operate in the state that requires any student, as a 294
374+condition of enrollment, to enter into an agreement that (1) limits 295
375+participation in a class action against such institution, (2) limits any 296
376+claim the student may have against such institution or the damages for 297
377+such claim, or (3) requires the student to assert any claim against such 298
378+institution in a forum that is less convenient, more costly or more 299
379+dilatory for the resolution of a dispute than a judicial forum established 300
380+in the state where the student may otherwise properly bring a claim, 301
381+shall include in its application to the Office of Higher Education for 302
382+[initial or renewed institutional licensure or accreditation] authorization 303
383+pursuant to section 10a-34, as amended by this act, a statement (A) 304
384+disclosing the number of claims made against the institution, including 305
385+claims made against a parent organization or subsidiary of the 306
386+institution, by a student currently or formerly enrolled at the institution, 307
387+(B) a description of the nature of the rights asserted, and (C) the status 308
388+of such claims. The institution shall submit additional details regarding 309
389+such claims as the executive director of the Office of Higher Education 310
390+may require. 311
391+Sec. 7. Subdivision (4) of section 10-67 of the general statutes is 312 Raised Bill No. 105
392+
393+
394+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
395+R01-SB.docx }
396+11 of 53
397+
398+repealed and the following is substituted in lieu thereof (Effective October 313
399+1, 2022): 314
400+(4) "Cooperating eligible entity" means any corporation or other 315
401+business entity, nonprofit organization, private [occupational] career 316
402+school authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as 317
403+amended by this act, institution of higher education [licensed or 318
404+accredited pursuant to the provisions of] authorized pursuant to section 319
405+10a-34, as amended by this act, technical education and career school or 320
406+library [which] that provides classes or services specified under 321
407+subparagraph (A) of subsection (a) of section 10-69, in conformance with 322
408+the program standards applicable to boards of education, through a 323
409+written cooperative arrangement with a local or regional board of 324
410+education or regional educational service center; 325
411+Sec. 8. Subparagraph (J) of subdivision (37) of subsection (a) of section 326
412+12-407 of the general statutes is repealed and the following is substituted 327
413+in lieu thereof (Effective October 1, 2022): 328
414+(J) Business analysis, management, management consulting and 329
415+public relations services, excluding (i) any environmental consulting 330
416+services, (ii) any training services provided by an institution of higher 331
417+education licensed or accredited by the Board of Regents for Higher 332
418+Education or authorized by the Office of Higher Education pursuant to 333
419+sections 10a-35a and 10a-34, as amended by this act, respectively, and 334
420+(iii) on and after January 1, 1994, any business analysis, management, 335
421+management consulting and public relations services when such 336
422+services are rendered in connection with an aircraft leased or owned by 337
423+a certificated air carrier or in connection with an aircraft which has a 338
424+maximum certificated take-off weight of six thousand pounds or more; 339
425+Sec. 9. Subsection (k) of section 30-22a of the 2022 supplement to the 340
426+general statutes is repealed and the following is substituted in lieu 341
427+thereof (Effective October 1, 2022): 342
428+(k) For purposes of compliance with this section, "cafe" includes: (1) 343 Raised Bill No. 105
429+
430+
431+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
432+R01-SB.docx }
433+12 of 53
434+
435+A room or building that is subject to the care, custody and control of The 344
436+University of Connecticut Board of Trustees; (2) land and buildings 345
437+which are subject to the care, custody and control of an institution 346
438+offering a program of higher learning, as defined in section 10a-34, as 347
439+amended by this act, which has been accredited by the Board of Regents 348
440+for Higher Education or [Office of Higher Education or otherwise] is 349
441+authorized by the Office of Higher Education to award a degree 350
442+pursuant to section 10a-34, as amended by this act; or (3) on land or in a 351
443+building situated on or abutting a golf course which is subject to the 352
444+care, custody and control of an institution offering a program of higher 353
445+learning, as defined in section 10a-34, as amended by this act, which has 354
446+been accredited by the Board of Regents for Higher Education or [Office 355
447+of Higher Education or otherwise] is authorized by the Office of Higher 356
448+Education to award a degree pursuant to section 10a-34, as amended by 357
449+this act. 358
450+Sec. 10. Section 10a-22a of the general statutes is repealed and the 359
451+following is substituted in lieu thereof (Effective October 1, 2022): 360
452+As used in this section and sections [10a-22a to 10a-22y] 10a-22b to 361
453+10a-22x, inclusive, as amended by this act: 362
454+(1) ["Private occupational school"] "Private career school" means a 363
455+postsecondary career school operated by a person, board, association, 364
456+partnership, corporation, limited liability company or other entity 365
457+offering or advertising vocational instruction in any form or manner in 366
458+any trade, industrial, commercial, service, professional or other 367
459+occupation for any remuneration, consideration, reward or fee of 368
460+whatever nature, including, but not limited to, a hospital-based 369
461+occupational school, or any program, school or entity offering 370
462+postsecondary instruction in barbering, hairdressing and cosmetology 371
463+or the occupation of esthetician, nail technician or eyelash technician, as 372
464+such terms are defined in section 20-265a. ["Private occupational 373
465+school"] "Private career school" does not include (A) instruction offered 374
466+under public supervision and control, (B) instruction conducted by a 375
467+firm or organization solely for the training of its own employees or 376 Raised Bill No. 105
468+
469+
470+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
471+R01-SB.docx }
472+13 of 53
473+
474+members, (C) instruction offered by a school authorized by the General 377
475+Assembly to confer degrees, or (D) instruction offered in the arts or 378
476+recreation, including, but not limited to, the training of students to 379
477+provide such instruction; 380
478+(2) "Additional classroom site" means a facility that (A) is 381
479+geographically located close to the school or branch that oversees the 382
480+site, such that students must utilize services provided at such school or 383
481+branch, (B) conducts permanent or temporary educational activities, 384
482+and (C) offers courses or full programs of study; 385
483+(3) "Branch" means a subdivision of a school (A) located at a different 386
484+facility and geographical site from the school, except for a site that is an 387
485+additional classroom site as determined by the executive director, or the 388
486+executive director's designee, and (B) that (i) offers one or more 389
487+complete programs leading to a diploma or certificate; (ii) operates 390
488+under the school's certificate of operation; (iii) meets the same 391
489+conditions of authorization as the school; and (iv) exercises 392
490+administrative control and is responsible for its own academic affairs; 393
491+(4) "Executive director" means the executive director of the Office of 394
492+Higher Education; and 395
493+(5) "Postsecondary career school" means an institution authorized to 396
494+operate educational programs beyond secondary education. 397
495+Sec. 11. Section 10a-22b of the 2022 supplement to the general statutes 398
496+is repealed and the following is substituted in lieu thereof (Effective 399
497+October 1, 2022): 400
498+(a) No person, board, association, partnership, corporation, limited 401
499+liability company or other entity shall offer instruction in any form or 402
500+manner in any trade or in any industrial, commercial, service, 403
501+professional or other occupation unless such person, board, association, 404
502+partnership, corporation, limited liability company or other entity first 405
503+receives from the executive director a certificate authorizing the 406
504+occupational instruction to be offered. 407 Raised Bill No. 105
505+
506+
507+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
508+R01-SB.docx }
509+14 of 53
510+
511+(b) Except for initial authorizations, the executive director may accept 408
512+institutional accreditation by an accrediting agency recognized by the 409
513+United States Department of Education, in satisfaction of the 410
514+requirements of this section and section 10a-22d, as amended by this act, 411
515+including the evaluation and attendance requirement. Except for initial 412
516+authorizations, the executive director may accept programmatic 413
517+accreditation in satisfaction of the requirements of this section and 414
518+section 10a-22d, as amended by this act, with regard to instruction 415
519+offered by a hospital [pursuant to subsection (h) of this section] unless 416
520+the executive director finds reasonable cause not to rely upon such 417
521+accreditation. 418
522+(c) Each person, board, association, partnership, corporation, limited 419
523+liability company or other entity which seeks to offer occupational 420
524+instruction shall submit to the executive director, or the executive 421
525+director's designee, in such manner and on such forms as the executive 422
526+director, or the executive director's designee, prescribes, an application 423
527+for a certificate of authorization. [which includes, but need not be 424
528+limited to, (1) the proposed name of the school; (2) ownership and 425
529+organization of the school including the names and addresses of all 426
530+principals, officers, members and directors; (3) names and addresses of 427
531+all stockholders of the school, except for applicants which are listed on 428
532+a national securities exchange; (4) addresses of any building or premises 429
533+on which the school will be located; (5) description of the occupational 430
534+instruction to be offered; (6) the proposed student enrollment 431
535+agreement, which includes for each program of occupational instruction 432
536+offered a description, in plain language, of any requirements for 433
537+employment in such occupation or barriers to such employment 434
538+pursuant to state law or regulations; (7) the proposed school catalog, 435
539+which includes for each program of occupational instruction offered a 436
540+description of any requirements for employment in such occupation or 437
541+barriers to such employment pursuant to state law or regulations; (8) 438
542+financial statements detailing the financial condition of the school 439
543+pursuant to subsection (d) of this section and subsection (g) of section 440
544+10a-22d prepared by management and reviewed or audited, or, for a 441 Raised Bill No. 105
545+
546+
547+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
548+R01-SB.docx }
549+15 of 53
550+
551+nonaccredited school annually receiving less than fifty thousand dollars 442
552+in tuition revenue, compiled, by an independent licensed certified 443
553+public accountant or independent licensed public accountant; and (9) an 444
554+agent for service of process.] Each application for initial authorization 445
555+shall be accompanied by a nonrefundable application fee made payable 446
556+to the private [occupational] career school student protection account. 447
557+Such application fee shall be in the amount of two thousand dollars for 448
558+the private occupational school and two hundred dollars for each 449
559+branch of a private occupational school in this state, except that, on and 450
560+after the effective date of the regulations adopted pursuant to section 451
561+10a-22k, such application fee shall be in the amount specified in such 452
562+regulations. Any application for initial authorization that remains 453
563+incomplete six months after the date such application was first 454
564+submitted to the [Office of Higher Education] office shall expire and the 455
565+office shall not approve such expired application for authorization. 456
566+(d) Each person, board, association, partnership, corporation, limited 457
567+liability company or other entity seeking to offer occupational 458
568+instruction shall have a net worth consisting of sufficient liquid assets 459
569+or produce other evidence of fiscal soundness to demonstrate the ability 460
570+of the proposed private [occupational] career school to operate, achieve 461
571+all of its objectives and meet all of its obligations, including those 462
572+concerning staff and students, during the period of time for which the 463
573+authorization is sought. 464
574+(e) Upon receipt of a complete application pursuant to subsection (c) 465
575+of this section, the executive director shall cause to be conducted an 466
576+evaluation of the applicant school. Not later than sixty days (1) after 467
577+receipt of a complete application for initial authorization, or (2) prior to 468
578+expiration of the authorization of a private [occupational] career school 469
579+applying to renew its certificate of authorization pursuant to section 470
580+10a-22d, as amended by this act, the executive director, or the executive 471
581+director's designee, shall appoint an evaluation team, pursuant to 472
582+[subsection (f) of this section] regulations adopted pursuant to section 473
583+10a-22k, to conduct such evaluation of the applicant school. The 474 Raised Bill No. 105
584+
585+
586+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
587+R01-SB.docx }
588+16 of 53
589+
590+evaluation team shall submit a written report to the executive director 475
591+recommending authorization or nonauthorization after an on-site 476
592+inspection. Not later than one hundred twenty days following the 477
593+completed appointment of the evaluation team, the executive director 478
594+shall notify the applicant school of authorization or nonauthorization. 479
595+The executive director may consult with the Labor Department and may 480
596+request the advice of any other state agency which may be of assistance 481
597+in making a determination. In the event of nonauthorization, the 482
598+executive director shall set forth the reasons therefor in writing and the 483
599+applicant school may request in writing a hearing before the executive 484
600+director. Such hearing shall be held in accordance with the provisions of 485
601+chapter 54. 486
602+[(f) For purposes of an evaluation of an applicant school, the 487
603+executive director, or the executive director's designee, shall appoint an 488
604+evaluation team which shall include (1) at least two members 489
605+representing the Office of Higher Education, and (2) at least one member 490
606+for each of the areas of occupational instruction for which authorization 491
607+is sought who shall be experienced in such occupation. The applicant 492
608+school shall have the right to challenge any proposed member of the 493
609+evaluation team for good cause shown. A written challenge shall be filed 494
610+with the executive director within ten business days following the 495
611+appointment of such evaluation team. In the event of a challenge, a 496
612+decision shall be made thereon by the executive director within ten 497
613+business days from the date such challenge is filed, and if the challenge 498
614+is upheld the executive director shall appoint a replacement. Employees 499
615+of the state or any political subdivision of the state may be members of 500
616+evaluation teams. The executive director, or the executive director's 501
617+designee, shall not appoint any person to an evaluation team unless the 502
618+executive director, or such designee, has received from such person a 503
619+statement that the person has no interest which is in conflict with the 504
620+proper discharge of the duties of evaluation team members as described 505
621+in this section. The statement shall be on a form prescribed by the 506
622+executive director and shall be signed under penalty of false statement. 507
623+Except for any member of the evaluation team who is a state employee, 508 Raised Bill No. 105
624+
625+
626+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
627+R01-SB.docx }
628+17 of 53
629+
630+members may be compensated for their service at the discretion of the 509
631+executive director and shall be reimbursed for actual expenses, which 510
632+expenses shall be charged to and paid by the applicant school. 511
633+(g) The evaluation team appointed pursuant to subsection (f) of this 512
634+section shall: (1) Conduct an on-site inspection; (2) submit a written 513
635+report outlining any evidence of noncompliance; (3) give the school 514
636+thirty days from the date of the report to provide evidence of 515
637+compliance; and (4) submit to the executive director a written report 516
638+recommending authorization or nonauthorization not later than one 517
639+hundred twenty days after the on-site inspection. The evaluation team 518
640+shall determine whether (A) the quality and content of each course or 519
641+program of instruction, including, but not limited to, residential, on-520
642+line, home study and correspondence, training or study shall reasonably 521
643+and adequately achieve the stated objective for which such course or 522
644+program is offered; (B) the school has adequate space, equipment, 523
645+instructional materials and personnel for the instruction offered; (C) the 524
646+qualifications of directors, administrators, supervisors and instructors 525
647+shall reasonably and adequately assure that students receive education 526
648+consistent with the stated objectives for which a course or program is 527
649+offered; (D) students and other interested persons shall be provided 528
650+with a catalog or similar publication describing the courses and 529
651+programs offered, course and program objectives, length of courses and 530
652+programs, schedule of tuition, fees and all other charges and expenses 531
653+necessary for completion of the course or program, and termination, 532
654+withdrawal and refund policies; (E) upon satisfactory completion of the 533
655+course or program, each student shall be provided appropriate 534
656+educational credentials by the school; (F) adequate records shall be 535
657+maintained by the school to show attendance and grades, or other 536
658+indicators of student progress, and standards shall be enforced relating 537
659+to attendance and student performance; (G) the applicant school shall 538
660+be financially sound and capable of fulfilling its commitments to 539
661+students; (H) any student housing owned, leased, rented or otherwise 540
662+maintained by the applicant school shall be safe and adequate; and (I) 541
663+the school and any branch of the school in this state has a director 542 Raised Bill No. 105
664+
665+
666+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
667+R01-SB.docx }
668+18 of 53
669+
670+located at the school or branch who is responsible for daily oversight of 543
671+the school's or branch's operations. The evaluation team may also 544
672+indicate in its report such recommendations as may improve the 545
673+operation of the applicant school. 546
674+(h) Any hospital offering postsecondary career instruction in any 547
675+form or manner in any trade, indu strial, commercial, service, 548
676+professional or other occupation for any remuneration, consideration, 549
677+reward or promise, except to hospital employees, members of the 550
678+medical staff and training for contracted workers, shall obtain a 551
679+certificate of authorization from the executive director for the 552
680+occupational instruction offered. Each hospital-based occupational 553
681+school submitting an application for initial authorization shall pay an 554
682+application fee of two hundred dollars made payable to the private 555
683+occupational school student protection account. The executive director 556
684+shall develop a process for prioritizing the authorization of hospital-557
685+based occupational schools based on size and scope of occupational 558
686+instruction offered. Such schools shall be in compliance with this section 559
687+when required pursuant to the executive director's process, or by 2012, 560
688+whichever is earlier. 561
689+(i) Any program, school or other entity offering postsecondary career 562
690+instruction in any form or manner in barbering or hairdressing for any 563
691+remuneration, consideration, reward or fee shall obtain a certificate of 564
692+authorization from the executive director of the Office of Higher 565
693+Education for the occupational instruction offered. Each program, 566
694+school or entity approved on or before July 1, 2013, by the Connecticut 567
695+Examining Board for Barbers, Hairdressers and Cosmeticians pursuant 568
696+to chapter 368 or 387 that submits an application for initial authorization 569
697+shall pay an application fee of five hundred dollars made payable to the 570
698+private occupational school student protection account. The executive 571
699+director of the Office of Higher Education shall develop a process for 572
700+prioritizing the authorization of such barber and hairdressing 573
701+programs, schools and entities. Such programs, schools and entities 574
702+shall be in compliance with this section on or before July 1, 2015, or when 575 Raised Bill No. 105
703+
704+
705+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
706+R01-SB.docx }
707+19 of 53
708+
709+required pursuant to the executive director's process, whichever is 576
710+earlier. No person, board, association, partnership corporation, limited 577
711+liability company or other entity shall establish a new program, school 578
712+or other entity that offers instruction in any form or manner in barbering 579
713+or hairdressing on or after July 1, 2013, unless such person, board, 580
714+association, partnership, corporation, limited liability company or other 581
715+entity first receives from the executive director of the Office of Higher 582
716+Education a certificate authorizing the barbering or hairdressing 583
717+occupational instruction to be offered in accordance with the provisions 584
718+of this section.] 585
719+Sec. 12. Section 10a-22c of the general statutes is repealed and the 586
720+following is substituted in lieu thereof (Effective October 1, 2022): 587
721+(a) No certificate to operate a private [occupational] career school 588
722+shall be authorized by the executive director, or the executive director's 589
723+designee, if (1) any principal, officer, member or director of the applicant 590
724+school has acted in a similar capacity for a private [occupational] career 591
725+school which has had its authorization revoked pursuant to section 10a-592
726+22f, as amended by this act; (2) the applicant school does not have a net 593
727+worth consisting of sufficient liquid assets or other evidence of fiscal 594
728+soundness to operate for the period of time for which authorization is 595
729+sought; (3) the applicant school or any of its agents engages in 596
730+advertising, sales, collection, credit or other practices which are false, 597
731+deceptive, misleading or unfair; (4) the applicant school has any policy 598
732+which discourages or prohibits the filing of inquiries or complaints 599
733+regarding the school's operation with the executive director; (5) the 600
734+applicant school fails to satisfactorily meet the criteria set forth in 601
735+[subsection (g) of section 10a-22b] regulations adopted pursuant to 602
736+section 10a-22k; (6) a private [occupational] career school that has 603
737+previously closed fails to follow the procedures for school closure under 604
738+section 10a-22m, as amended by this act; or (7) the applicant school does 605
739+not have a director located at the school and at each of its branches in 606
740+this state. 607
741+(b) The executive director may deny a certificate of authorization if 608 Raised Bill No. 105
742+
743+
744+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
745+R01-SB.docx }
746+20 of 53
747+
748+the person who owns or intends to operate a private [occupational] 609
749+career school has been convicted in this state, or any other state, of 610
750+larceny in violation of section 53a-122 or 53a-123; identity theft in 611
751+violation of section 53a-129b or 53a-129c; forgery in violation of section 612
752+53a-138 or 53a-139; or has a criminal record in this state, or any other 613
753+state, that the executive director reasonably believes renders the person 614
754+unsuitable to own and operate a private [occupational] career school. A 615
755+refusal of a certificate of authorization under this subsection shall be 616
756+made in accordance with the provisions of sections 46a-79 to 46a-81, 617
757+inclusive. 618
758+(c) No certificate to operate a private [occupational] career school 619
759+shall be issued by the executive director pursuant to section 10a-22d, as 620
760+amended by this act, until such private [occupational] career school 621
761+seeking authorization files with the executive director certificates 622
762+indicating that the buildings and premises for such school meet all 623
763+applicable state and local fire and zoning requirements. Such certificates 624
764+shall be attested to by the fire marshal and zoning enforcement officer 625
765+within the municipality in which such school is located. 626
766+(d) No certificate to operate a new private [occupational] career 627
767+school shall be issued by the executive director pursuant to section 10a-628
768+22d, as amended by this act, until such private [occupational] career 629
769+school seeking authorization files with the executive director an 630
770+irrevocable letter of credit issued by a bank with its main office or branch 631
771+located within this state in the penal amount of forty thousand dollars 632
772+guaranteeing the payments required of the school to the private 633
773+[occupational] career school student protection account in accordance 634
774+with the provisions of section 10a-22u, as amended by this act, except 635
775+that, on and after the effective date of the regulations adopted pursuant 636
776+to section 10a-22k, such penal amount shall be in the amount specified 637
777+in such regulations. The letter of credit shall be payable to the private 638
778+[occupational] career school student protection account in the event that 639
779+such school fails to make payments to the account as provided in 640
780+subsection (a) of section 10a-22u, as amended by this act, or in the event 641 Raised Bill No. 105
781+
782+
783+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
784+R01-SB.docx }
785+21 of 53
786+
787+the state takes action to reimburse the account for a tuition refund paid 642
788+to a student pursuant to the provisions of section 10a-22v, as amended 643
789+by this act, provided the amount of the letter of credit to be paid into the 644
790+private [occupational] career school student protection account shall not 645
791+exceed the amounts owed to the account. In the event a private 646
792+[occupational] career school fails to close in accordance with the 647
793+provisions of section 10a-22m, as amended by this act, the executive 648
794+director may seize the letter of credit, which shall be made payable to 649
795+the private [occupational] career school protection account. [The letter 650
796+of credit required by this subsection shall be released twelve years after 651
797+the date of initial approval, provided evidence of fiscal soundness has 652
798+been verified.] 653
799+(e) The executive director shall notify the applicant private 654
800+[occupational] career school, by certified mail, return receipt requested 655
801+of the decision to grant or deny a certificate of authorization not later 656
802+than sixty days after receiving the written report of the evaluation team 657
803+appointed pursuant to subsection [(f)] (e) of section 10a-22b, as amended 658
804+by this act. 659
805+Sec. 13. Section 10a-22d of the 2022 supplement to the general statutes 660
806+is repealed and the following is substituted in lieu thereof (Effective 661
807+October 1, 2022): 662
808+(a) After the initial year of approval and for the next three years of 663
809+operation as a private [occupational] career school, renewal of the 664
810+certificate of authorization shall be required annually. 665
811+(b) Following the fourth year of continuous authorization, a renewal 666
812+of the certificate of authorization, if granted, shall be for a period not to 667
813+exceed five years and may be subject to an evaluation pursuant to 668
814+[subsections (f) and (g)] subsection (e) of section 10a-22b, as amended 669
815+by this act, provided no private [occupational] career school shall 670
816+operate for more than five additional years from the date of any renewal 671
817+without the completion of an evaluation pursuant to [subsections (f) and 672
818+(g)] subsection (e) of section 10a-22b, as amended by this act. 673 Raised Bill No. 105
819+
820+
821+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
822+R01-SB.docx }
823+22 of 53
824+
825+(c) Renewal of the certificate of authorization shall be granted only 674
826+upon (1) payment of a nonrefundable renewal fee to the Office of Higher 675
827+Education in the amount of two hundred dollars for the private 676
828+occupational school and two hundred dollars for each branch of a 677
829+private occupational school, except that, on and after the effective date 678
830+of the regulations adopted pursuant to section 10a-22k, such renewal fee 679
831+shall be in the amount specified in such regulations, (2) submission of 680
832+any reports or audits, as prescribed by the executive director or the 681
833+executive director's designee, concerning the fiscal condition of the 682
834+private [occupational] career school or its continuing eligibility to 683
835+participate in federal student financial aid programs, (3) the filing with 684
836+the executive director of a complete application for a renewed certificate 685
837+of authorization not less than one hundred twenty days prior to the 686
838+termination date of the most recent certificate of authorization, and (4) 687
839+a determination that the private [occupational] career school meets all 688
840+the conditions of its recent authorization, including, but not limited to, 689
841+at the discretion of the executive director, evidence that such school is 690
842+current on its [rent or mortgage] financial obligations and has adequate 691
843+financial resources to serve its current students, and the filing of 692
844+documentation with the executive director that the private 693
845+[occupational] career school has a passing financial ratio score as 694
846+required by 34 CFR 668, as amended from time to time. 695
847+(d) If the executive director, or the executive director's designee, 696
848+determines, at any time during a school's authorization period, that such 697
849+school is out of compliance with the conditions of authorization under 698
850+sections 10a-22a to 10a-22o, inclusive, as amended by this act, and any 699
851+applicable regulations of Connecticut state agencies, the school may be 700
852+placed on probation for a period not to exceed one year. If, after the 701
853+period of one year of probationary status, the school remains out of 702
854+compliance with the conditions of authorization, the executive director 703
855+may revoke such school's certificate of authorization to operate as a 704
856+private [occupational] career school pursuant to section 10a-22f, as 705
857+amended by this act. During the school's period of probation, the school 706
858+shall post its probationary certificate of authorization in public view. 707 Raised Bill No. 105
859+
860+
861+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
862+R01-SB.docx }
863+23 of 53
864+
865+The Office of Higher Education may publish the school's probationary 708
866+certificate of authorization status. 709
867+(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 710
868+inclusive, as amended by this act, the executive director may authorize 711
869+the extension of the most recent certificate of authorization for a period 712
870+not to exceed sixty days for good cause shown, provided such extension 713
871+shall not change the date of the original certificate's issuance or the date 714
872+for each renewal. 715
873+(f) After the first year of authorization, each private [occupational] 716
874+career school shall pay a nonrefundable annual fee to the private 717
875+[occupational] career school student protection account in the amount 718
876+of two hundred dollars for the private occupational school and two 719
877+hundred dollars for each branch of a private occupational school, except 720
878+that, on and after the effective date of the regulations adopted pursuant 721
879+to section 10a-22k, such penal amount shall be in the amount specified 722
880+in such regulations. The annual fee shall be due and payable for each 723
881+year after the first year of authorization that the private [occupational] 724
882+career school and any branch of a private [occupational] career school is 725
883+authorized by the executive director to offer [occupational] career 726
884+instruction. Such annual fee shall be in addition to any renewal fee 727
885+assessed under this section. 728
886+(g) Each private [occupational] career school shall keep financial 729
887+records in conformity with generally accepted accounting principles. An 730
888+annual financial statement detailing the financial status of the school 731
889+shall be prepared by school management and reviewed or audited, or, 732
890+for a nonaccredited school annually receiving less than fifty thousand 733
891+dollars in tuition revenue, compiled, by a licensed certified public 734
892+accountant or licensed public accountant in accordance with standards 735
893+established by the American Institute of Certified Public Accountants. 736
894+A copy of such financial statement shall be filed with the executive 737
895+director on or before the last day of the fourth month following the end 738
896+of the school's fiscal year, except in the case of a nationally accredited 739
897+school recognized by the United States Department of Education, in 740 Raised Bill No. 105
898+
899+
900+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
901+R01-SB.docx }
902+24 of 53
903+
904+which case such financial statement shall be due on or before the last 741
905+day of the sixth month following the end of the school's fiscal year. Only 742
906+audited financial statements shall be accepted from a nationally 743
907+accredited school. Upon a nonaccredited school's written request, the 744
908+executive director may authorize, for good cause shown, a filing 745
909+extension for a period not to exceed sixty days. No filing extensions shall 746
910+be granted to a nationally accredited school. 747
911+(h) The failure of any private [occupational] career school to submit 748
912+an application to the Office of Higher Education for the renewal of a 749
913+certificate of authorization on or before the date on which it is due may 750
914+result in the loss of authorization under section 10a-22f, as amended by 751
915+this act. The executive director of said office may deny the renewal of 752
916+such certificate of authorization if there exists a failure to file such 753
917+renewal application by the date on which it is due, or the end of any 754
918+period of extension authorized pursuant to subsection (e) of this section. 755
919+Sec. 14. Section 10a-22e of the general statutes is repealed and the 756
920+following is substituted in lieu thereof (Effective October 1, 2022): 757
921+(a) During any period of authorization by the executive director to 758
922+operate as a private [occupational] career school pursuant to sections 759
923+10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-760
924+22u to 10a-22w, as amended by this act, inclusive, such private 761
925+[occupational] career school may request revision of the conditions of 762
926+its authorization. Such school shall make such request to the executive 763
927+director, in the manner and on such forms prescribed by the executive 764
928+director sixty days prior to the proposed implementation date of any 765
929+intended revision. Such revision shall include, but not be limited to, 766
930+changes in (1) courses or programs; (2) ownership of the school; (3) 767
931+name of the school; (4) location of the school's main campus; or (5) 768
932+location of any of the school's additional classroom sites or branch 769
933+campuses. A private [occupational] career school requesting revision of 770
934+the conditions of its authorization based on a change in ownership of 771
935+the school shall submit an application and letter of credit pursuant to 772
936+sections 10a-22b, as amended by this act, and 10a-22c, as amended by 773 Raised Bill No. 105
937+
938+
939+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
940+R01-SB.docx }
941+25 of 53
942+
943+this act, accompanied by a nonrefundable change of ownership fee 774
944+made payable to the private [occupational] career school student 775
945+protection account under section 10a-22u, as amended by this act, in the 776
946+amount of two thousand dollars for the private occupational school and 777
947+two hundred dollars for each branch of a private occupational school in 778
948+this state, except that, on and after the effective date of the regulations 779
949+adopted pursuant to section 10a-22k, such change of ownership fee shall 780
950+be in the amount specified in such regulations. 781
951+(b) The executive director, or the executive director's designee, may, 782
952+not later than thirty days after receipt of a request to revise the 783
953+conditions of authorization, issue an order prohibiting any such change 784
954+if it would constitute a material or substantial deviation from the 785
955+conditions of authorization. 786
956+(c) If the executive director, or the executive director's designee, fails 787
957+to take action upon a request for revision by the thirtieth day following 788
958+the proposed implementation date of the intended revision, such 789
959+request shall be deemed approved, and the private [occupational] career 790
960+school's certificate of authorization shall be so revised for the same 791
961+period as its current authorization. 792
962+Sec. 15. Section 10a-22f of the 2022 supplement to the general statutes 793
963+is repealed and the following is substituted in lieu thereof (Effective 794
964+October 1, 2022): 795
965+(a) A certificate of authorization issued to a private [occupational] 796
966+career school pursuant to sections 10a-22a to 10a-22o, inclusive, as 797
967+amended by this act, and sections 10a-22u to 10a-22w, inclusive, as 798
968+amended by this act, may be revoked by the executive director if such 799
969+school (1) ceases to meet the conditions of its authorization; (2) commits 800
970+a material or substantial violation of sections 10a-22a to 10a-22o, 801
971+inclusive, as amended by this act, or sections 10a-22u to 10a-22w, 802
972+inclusive, as amended by this act, or the regulations prescribed 803
973+thereunder; (3) makes a false statement about a material fact in 804
974+application for authorization or renewal; (4) fails to make a required 805 Raised Bill No. 105
975+
976+
977+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
978+R01-SB.docx }
979+26 of 53
980+
981+payment to the private [occupational] career school student protection 806
982+account pursuant to section 10a-22u, as amended by this act; or (5) fails 807
983+to submit a complete application for a renewed certificate of 808
984+authorization pursuant to section 10a-22d, as amended by this act. 809
985+(b) The executive director, or the executive director's designee, shall 810
986+serve written notice, by certified mail, return receipt requested upon a 811
987+private [occupational] career school indicating that revocation of the 812
988+school's authorization is under consideration and the executive director 813
989+shall set forth the reasons such revocation is being considered. Not later 814
990+than forty-five days after mailing such written notice, the executive 815
991+director, or the executive director's designee, shall hold a compliance 816
992+conference with the private [occupational] career school. 817
993+(c) If, after the compliance conference, the executive director 818
994+determines that revocation of the certificate of authorization is 819
995+appropriate, the executive director shall issue an order and serve 820
996+written notice by certified mail, return receipt requested upon the 821
997+private [occupational] career school, which notice shall include, but not 822
998+be limited to, the date of the revocation. 823
999+(d) A private [occupational] career school aggrieved by the order of 824
1000+the executive director revoking its certificate of authorization pursuant 825
1001+to subsection (c) of this section shall, not later than fifteen days after such 826
1002+order is mailed, request in writing a hearing before the executive 827
1003+director. Such hearing shall be held in accordance with the provisions of 828
1004+chapter 54. 829
1005+Sec. 16. Section 10a-22g of the general statutes is repealed and the 830
1006+following is substituted in lieu thereof (Effective October 1, 2022): 831
1007+(a) A private [occupational] career school which is authorized by the 832
1008+executive director pursuant to sections 10a-22a to 10a-22o, inclusive, as 833
1009+amended by this act, and sections 10a-22u to 10a-22w, inclusive, as 834
1010+amended by this act, may request authorization to establish and operate 835
1011+additional classroom sites or branch schools, or to offer existing or new 836 Raised Bill No. 105
1012+
1013+
1014+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1015+R01-SB.docx }
1016+27 of 53
1017+
1018+programs through a distance learning program, as defined in section 837
1019+10a-22h, as amended by this act, for the purpose of offering the 838
1020+occupational instruction authorized by the executive director, provided 839
1021+the additional classroom site or branch school complies with the 840
1022+provisions of subsection (b) of this section. Such school shall make such 841
1023+request for authorization to operate an additional classroom site or 842
1024+branch school or to offer existing or new programs through a distance 843
1025+learning program, in the manner and on such forms as prescribed by the 844
1026+executive director, at least sixty days prior to the proposed 845
1027+establishment of such additional classroom site or branch school or such 846
1028+distance learning program. 847
1029+(b) The buildings and premises for such additional classroom site or 848
1030+branch school shall meet all applicable state and local fire and zoning 849
1031+requirements, and certificates attesting the same signed by the local fire 850
1032+marshal and zoning enforcement officer shall be filed with the executive 851
1033+director prior to offering such occupational instruction. The additional 852
1034+classroom site or branch school shall be in compliance with the relevant 853
1035+requirements set forth in [subsection (g) of section 10a-22b] regulations 854
1036+adopted pursuant to section 10a-22k. 855
1037+(c) The executive director, or the executive director's designee, not 856
1038+later than thirty days after the proposed date for establishment of a 857
1039+branch school, may issue an order prohibiting any such establishment 858
1040+of a branch school if it would constitute a material or substantial 859
1041+deviation from the conditions of authorization or if the private 860
1042+[occupational] career school fails to meet the requirements set forth in 861
1043+subsection (b) of this section. 862
1044+(d) If the executive director, or the executive director's designee, fails 863
1045+to take action upon the request for revision by the thirtieth day after the 864
1046+proposed date for establishment of such additional classroom site or 865
1047+branch school or such distance learning program, such request shall be 866
1048+deemed approved. 867
1049+Sec. 17. Section 10a-22h of the 2022 supplement to the general statutes 868 Raised Bill No. 105
1050+
1051+
1052+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1053+R01-SB.docx }
1054+28 of 53
1055+
1056+is repealed and the following is substituted in lieu thereof (Effective 869
1057+October 1, 2022): 870
1058+Any out-of-state private [occupational] career school that seeks to 871
1059+operate a distance learning program in the state shall submit an 872
1060+application to the Office of Higher Education in the form and manner 873
1061+prescribed by the office. Each such private [occupational] career school 874
1062+shall agree to abide by standards established by the office. The office 875
1063+shall approve or reject such private [occupational] career school's 876
1064+application in accordance with the standards established by the office. 877
1065+Authorization by the office to operate a distance learning program in 878
1066+the state shall be valid for a period of one year and may be renewed by 879
1067+the office for additional one-year periods. The office shall establish a 880
1068+schedule of application and renewal fees for all out-of-state private 881
1069+[occupational] career schools that are approved by the office. As used in 882
1070+this [subsection] section, "distance learning program" means a program 883
1071+of study in which lectures are broadcast or classes are conducted by 884
1072+correspondence or over the Internet, without requiring a student to 885
1073+attend in person. 886
1074+Sec. 18. Section 10a-22i of the general statutes is repealed and the 887
1075+following is substituted in lieu thereof (Effective October 1, 2022): 888
1076+(a) The executive director may assess any person, board, partnership, 889
1077+association, corporation, limited liability company or other entity which 890
1078+violates any provision of sections 10a-22a to 10a-22p, inclusive, as 891
1079+amended by this act, sections 10a-22u to 10a-22w, inclusive, as amended 892
1080+by this act, or regulations adopted pursuant to section 10a-22k, an 893
1081+administrative penalty in an amount not to exceed five hundred dollars 894
1082+for each day of such violation, except that, on and after the effective date 895
1083+of the regulations adopted pursuant to section 10a-22k, such 896
1084+administrative penalty shall be in the amount specified in such 897
1085+regulations. 898
1086+(b) The executive director shall serve written notice upon a private 899
1087+[occupational] career school when the assessment of such an 900 Raised Bill No. 105
1088+
1089+
1090+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1091+R01-SB.docx }
1092+29 of 53
1093+
1094+administrative penalty is under consideration. The notice shall set forth 901
1095+the reasons for the assessment of the penalty. Not later than forty-five 902
1096+days after mailing such notice to the private [occupational] career 903
1097+school, the executive director, or the executive director's designee, shall 904
1098+hold a compliance conference with the private [occupational] career 905
1099+school. 906
1100+(c) If, after the compliance conference, the executive director 907
1101+determines that imposition of an administrative penalty is appropriate, 908
1102+the executive director shall issue an order and serve written notice by 909
1103+certified mail, return receipt requested upon the private [occupational] 910
1104+career school. 911
1105+(d) A private [occupational] career school aggrieved by the order of 912
1106+the executive director imposing an administrative penalty pursuant to 913
1107+subsection (c) of this section shall, not later than fifteen days after such 914
1108+order is mailed, request in writing a hearing before the executive 915
1109+director. Such hearing shall be held in accordance with the provisions of 916
1110+chapter 54. 917
1111+Sec. 19. Section 10a-22l of the general statutes is repealed and the 918
1112+following is substituted in lieu thereof (Effective October 1, 2022): 919
1113+(a) Any private [occupational] career school operating without a 920
1114+certificate of authorization required under section 10a-22b, as amended 921
1115+by this act, or operating an additional classroom site or branch school in 922
1116+violation of section 10a-22g, as amended by this act, shall be fined not 923
1117+more than five hundred dollars for each day of unauthorized operation, 924
1118+to be paid into the private [occupational] career student protection 925
1119+account, except that, on and after the effective date of the regulations 926
1120+adopted pursuant to section 10a-22k, such fine shall be in the amount 927
1121+specified in such regulations. 928
1122+(b) The executive director, or the executive director's designee, may 929
1123+conduct an investigation and, through the Attorney General, maintain 930
1124+an action in the name of the state against any person to restrain or 931 Raised Bill No. 105
1125+
1126+
1127+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1128+R01-SB.docx }
1129+30 of 53
1130+
1131+prevent the establishment or operation of an institution that does not 932
1132+have a certificate of authorization. 933
1133+Sec. 20. Section 10a-22m of the general statutes is repealed and the 934
1134+following is substituted in lieu thereof (Effective October 1, 2022): 935
1135+(a) A private [occupational] career school shall notify the executive 936
1136+director, in writing, at least sixty days prior to closure of such school. 937
1137+The private [occupational] career school shall provide evidence prior to 938
1138+closing that: (1) All course work is or will be completed by current 939
1139+students at the school; (2) there are no refunds due any students; (3) all 940
1140+student records will be maintained as prescribed in section 10a-22n, as 941
1141+amended by this act; (4) final payment has been made to the private 942
1142+[occupational] career school student protection account; (5) a 943
1143+designation of service form has been filed with the executive director; 944
1144+and (6) the certificate of authorization has been returned to the executive 945
1145+director. 946
1146+(b) Any private [occupational] career school that fails to meet the 947
1147+requirements outlined in subsection (a) of this section shall be fined not 948
1148+more than five hundred dollars per day for each day of noncompliance, 949
1149+except that, on and after the effective date of the regulations adopted 950
1150+pursuant to section 10a-22k, such fine shall be in the amount specified 951
1151+in such regulations, and [,] pursuant to subdivision (6) of subsection (a) 952
1152+of section 10a-22c, as amended by this act, shall be ineligible to be issued 953
1153+a certificate of authorization upon application to operate a private 954
1154+[occupational] career school. Funds collected pursuant to this 955
1155+subsection shall be placed in the private [occupational] career student 956
1156+protection account established pursuant to section 10a-22u, as amended 957
1157+by this act. 958
1158+(c) If the executive director revokes a private [occupational] career 959
1159+school's certificate of authorization, such school shall comply with the 960
1160+requirements of subsection (a) of this section. Failure to comply shall 961
1161+result in further penalties at the discretion of the executive director. 962 Raised Bill No. 105
1162+
1163+
1164+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1165+R01-SB.docx }
1166+31 of 53
1167+
1168+(d) In the event a private [occupational] career school fails to meet the 963
1169+requirements set forth in subsection (a) of this section and closes prior 964
1170+to graduating all current students, the executive director may seize the 965
1171+letter of credit filed by the private [occupational] career school pursuant 966
1172+to subsection (d) of section 10a-22c, as amended by this act, and such 967
1173+letter of credit shall be made payable to the private [occupational] career 968
1174+school student protection account. The executive director may expend 969
1175+funds from the private [occupational] career school student protection 970
1176+account up to the amount necessary to facilitate a teach-out of any 971
1177+remaining students up to and including the issuance of a certificate of 972
1178+completion pursuant to subsection (e) of this section. For purposes of 973
1179+this subsection and subsection (e) of this section, (1) "teach-out" means 974
1180+the completion of instruction of a course or program of study in which 975
1181+a student was enrolled, provided the teach-out includes instruction of 976
1182+the entire program of study when a course is a part of such program of 977
1183+study, and (2) "certificate of completion" means the credential, 978
1184+documented in writing, that is issued to a student who completes a 979
1185+course or program of study offered by a private [occupational] career 980
1186+school. 981
1187+(e) In the event of a private [occupational] career school closure that 982
1188+fails to meet the requirements set forth in subsection (a) of this section, 983
1189+the executive director may issue a certificate of completion to each 984
1190+student that, in the executive director's determination, has successfully 985
1191+completed the student's course or program of study in which the 986
1192+student was enrolled at the private [occupational] career school. 987
1193+Sec. 21. Section 10a-22n of the general statutes is repealed and the 988
1194+following is substituted in lieu thereof (Effective October 1, 2022): 989
1195+(a) A private [occupational] career school shall maintain, preserve 990
1196+and protect, in a manner approved by the executive director, or the 991
1197+executive director's designee, all school records including, but not 992
1198+limited to: (1) Student or academic transcripts, including, in a separate 993
1199+file, a duplicate copy of the academic transcript of each student who 994
1200+graduated from such school, and a duplicate copy of the academic 995 Raised Bill No. 105
1201+
1202+
1203+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1204+R01-SB.docx }
1205+32 of 53
1206+
1207+transcript of each student enrolled at such school that contains the 996
1208+student's name, address, program of study, length of such program of 997
1209+study, grade point average and courses completed; (2) attendance 998
1210+records or other indicators of student progress; (3) copies of individual 999
1211+enrollment agreements or contracts; (4) evidence of tuition payments; 1000
1212+and (5) any other documentation as prescribed by the executive director. 1001
1213+(b) The executive director, or the executive director's designee, may 1002
1214+at any time during regular business or school hours, with or without 1003
1215+notice, visit a private [occupational] career school. During such 1004
1216+visitation, the executive director, or the executive director's designee, 1005
1217+may request an officer or director of the school to produce, and shall be 1006
1218+provided with immediate access to, such records or information as are 1007
1219+required to verify that the school continues to meet the conditions of 1008
1220+authorization. If the executive director determines that such private 1009
1221+[occupational] career school has not maintained, preserved or protected 1010
1222+school records in accordance with this section, the executive director 1011
1223+may assess an administrative penalty on such private [occupational] 1012
1224+career school pursuant to section 10a-22i, as amended by this act. 1013
1225+(c) If a school ceases to operate as a private [occupational] career 1014
1226+school, it shall (1) immediately transmit all student or academic 1015
1227+transcripts, described in subdivision (1) of subsection (a) of this section, 1016
1228+to the executive director, and (2) keep the executive director advised in 1017
1229+writing as to the location and availability of all other student records or 1018
1230+shall file all such other student records with the executive director. 1019
1231+(d) The executive director shall maintain all records, files and other 1020
1232+documents associated with private [occupational] career schools in a 1021
1233+manner consistent with the mission and responsibilities of the Office of 1022
1234+Higher Education. 1023
1235+Sec. 22. Section 10a-22p of the general statutes is repealed and the 1024
1236+following is substituted in lieu thereof (Effective October 1, 2022): 1025
1237+(a) On and after January 1, [2020, any] 2023, no private [occupational] 1026 Raised Bill No. 105
1238+
1239+
1240+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1241+R01-SB.docx }
1242+33 of 53
1243+
1244+career school, as defined in section 10a-22a, [that requires] as amended 1027
1245+by this act, shall require any student, as a condition of enrollment, to 1028
1246+enter into an agreement that (1) limits participation in a class action 1029
1247+against such school, (2) limits any claim the student may have against 1030
1248+such school or the damages for such claim, or (3) requires the student to 1031
1249+assert any claim against such school in a forum that is less convenient, 1032
1250+more costly or more dilatory for the resolution of a dispute than a 1033
1251+judicial forum established in the state where the student may otherwise 1034
1252+properly bring a claim. [,] A private career school shall include in its 1035
1253+application to the Office of Higher Education for initial or renewed 1036
1254+certificate of authorization pursuant to sections 10a-22b, as amended by 1037
1255+this act, and 10a-22d, as amended by this act, a statement (A) disclosing 1038
1256+the number of claims made against the school, including claims made 1039
1257+against a parent organization or subsidiary of the school, by a student 1040
1258+currently or formerly enrolled at the school, (B) describing the nature of 1041
1259+the rights asserted, and (C) updating the status of such claims. The 1042
1260+school shall submit additional details regarding such claims as the 1043
1261+executive director of the Office of Higher Education may require. 1044
1262+(b) The executive director of the Office of Higher Education may deny 1045
1263+the application for initial or renewed certificate of authorization of a 1046
1264+private [occupational] career school or consider a private [occupational] 1047
1265+career school ineligible to receive any public funds, including, but not 1048
1266+limited to, federal funds administered by the office pursuant to section 1049
1267+10a-45 if (1) such school fails to include the statement required under 1050
1268+subsection (a) of this section in its application, or (2) upon review of such 1051
1269+statement, the executive director determines that the public policy of 1052
1270+protecting the interests of students in the state requires such denial. 1053
1271+(c) The executive director of the Office of Higher Education shall have 1054
1272+the authority granted under sections 10a-22i, as amended by this act, 1055
1273+10a-22j and 10a-22o to investigate and enforce the provisions of 1056
1274+subsections (a) and (b) of this section. 1057
1275+Sec. 23. Section 10a-22q of the general statutes is repealed and the 1058
1276+following is substituted in lieu thereof (Effective October 1, 2022): 1059 Raised Bill No. 105
1277+
1278+
1279+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1280+R01-SB.docx }
1281+34 of 53
1282+
1283+After each annual determination of the balance of the private 1060
1284+[occupational] career school student protection account required by 1061
1285+section 10a-22w, if the balance of the account is more than two million 1062
1286+five hundred thousand dollars, the State Treasurer shall transfer to a 1063
1287+separate, nonlapsing account within the General Fund, to be known as 1064
1288+the private [occupational] career school student benefit account, three-1065
1289+fourths of the annually accrued interest of said student protection 1066
1290+account. 1067
1291+Sec. 24. Section 10a-22r of the general statutes is repealed and the 1068
1292+following is substituted in lieu thereof (Effective October 1, 2022): 1069
1293+[There is] When there are funds available to award financial aid 1070
1294+grants from the private career school student benefit account, there shall 1071
1295+be established an advisory committee to the executive director 1072
1296+consisting of seven members appointed by the executive director, 1073
1297+including a representative of the private [occupational] career schools, 1074
1298+a representative from the Office of Higher Education and five members 1075
1299+chosen from business or industry, state legislators, private 1076
1300+[occupational] career school alumni and the general public. Three of the 1077
1301+members first appointed to the committee shall be appointed for a term 1078
1302+of three years and four of the members first appointed shall be 1079
1303+appointed for a term of two years. Thereafter, all members shall be 1080
1304+appointed for a term of two years. The executive director shall 1081
1305+administer the private [occupational] career school student benefit 1082
1306+account, established pursuant to section 10a-22u, as amended by this 1083
1307+act, with the advice of the advisory committee in accordance with the 1084
1308+provisions of this section and sections 10a-22s and 10a-22t and may 1085
1309+assess the account for all direct expenses incurred in the implementation 1086
1310+of this section. The account shall be used to award financial aid grants 1087
1311+for the benefit of private [occupational] career school students. The 1088
1312+grants shall be paid to the private [occupational] career school 1089
1313+designated by the grant recipient to be applied against the tuition 1090
1314+expenses of such recipient. If the balance of the student protection 1091
1315+account is five per cent or less of the annual net tuition income of the 1092 Raised Bill No. 105
1316+
1317+
1318+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1319+R01-SB.docx }
1320+35 of 53
1321+
1322+schools which make payments to the account pursuant to section 10a-1093
1323+22u, as amended by this act, any unallocated funds in the student benefit 1094
1324+account shall be transferred to the private career school student 1095
1325+protection account. 1096
1326+Sec. 25. Section 10a-22u of the 2022 supplement to the general statutes 1097
1327+is repealed and the following is substituted in lieu thereof (Effective 1098
1328+October 1, 2022): 1099
1329+(a) There shall be an account to be known as the private 1100
1330+[occupational] career school student protection account within the 1101
1331+General Fund. Each private [occupational] career school authorized in 1102
1332+accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 1103
1333+as amended by this act, shall pay to the State Treasurer an amount equal 1104
1334+to four-tenths of one per cent of the tuition received by such school per 1105
1335+calendar quarter exclusive of any refunds paid, except that distance 1106
1336+learning and correspondence schools authorized in accordance with the 1107
1337+provisions of section 10a-22h, as amended by this act, shall contribute to 1108
1338+said account only for Connecticut residents enrolled in such schools. 1109
1339+Payments shall be made by January thirtieth, April thirtieth, July 1110
1340+thirtieth and October thirtieth in each year for tuition received during 1111
1341+the three months next preceding the month of payment. In addition to 1112
1342+amounts received based on tuition, the account shall also contain any 1113
1343+amount required to be deposited into the account pursuant to sections 1114
1344+10a-22a to 10a-22o, inclusive, as amended by this act. Said account shall 1115
1345+be used for the purposes of section 10a-22v, as amended by this act. Any 1116
1346+interest, income and dividends derived from the investment of the 1117
1347+account shall be credited to the account. All direct expenses for the 1118
1348+maintenance of the account may be charged to the account upon the 1119
1349+order of the State Comptroller. The executive director may assess the 1120
1350+account for all direct expenses incurred in the implementation of the 1121
1351+purposes of this section which are in excess of the normal expenditures 1122
1352+of the Office of Higher Education. 1123
1353+(b) Payments required pursuant to subsection (a) of this section shall 1124
1354+be a condition of doing business in the state and failure to make any 1125 Raised Bill No. 105
1355+
1356+
1357+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1358+R01-SB.docx }
1359+36 of 53
1360+
1361+such payment within thirty days following the date on which it is due 1126
1362+shall result in the loss of authorization under section 10a-22f, as 1127
1363+amended by this act. Such authorization shall not be issued or renewed 1128
1364+if there exists a failure to make any such payment in excess of thirty days 1129
1365+following the date on which it is due. 1130
1366+(c) If an audit conducted by the Office of Higher Education 1131
1367+determines that a school has paid into the private [occupational] career 1132
1368+school student protection account an amount less than was required, the 1133
1369+school shall pay such amount plus a penalty of ten per cent of the 1134
1370+amount required to the State Treasurer within thirty days of receipt of 1135
1371+notice from the executive director or [his] the executive director's 1136
1372+designee of the amount of the underpayment and penalty, except that, 1137
1373+on and after the effective date of the regulations adopted pursuant to 1138
1374+section 10a-22k, such penalty shall be in the amount specified in such 1139
1375+regulations. 1140
1376+(d) If an audit conducted by the Office of Higher Education 1141
1377+determines that a school has paid into the private [occupational] career 1142
1378+school student protection account an amount more than was required, 1143
1379+subsequent payment or payments by the school shall be appropriately 1144
1380+credited until such credited payment or payments equal the amount of 1145
1381+the overpayment. 1146
1382+Sec. 26. Section 10a-22v of the 2022 supplement to the general statutes 1147
1383+is repealed and the following is substituted in lieu thereof (Effective 1148
1384+October 1, 2022): 1149
1385+Any student enrolled in a private [occupational] career school 1150
1386+authorized in accordance with the provisions of sections 10a-22a to 10a-1151
1387+22o, inclusive, as amended by this act, who is unable to complete an 1152
1388+approved course or unit of instruction at such school because of the 1153
1389+insolvency or cessation of operation of the school and who has paid 1154
1390+tuition for such course or unit of instruction, may, not later than two 1155
1391+years after the date on which such school became insolvent or ceased 1156
1392+operations, make application to the executive director for a refund of 1157 Raised Bill No. 105
1393+
1394+
1395+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1396+R01-SB.docx }
1397+37 of 53
1398+
1399+tuition from the account established pursuant to section 10a-22u, as 1158
1400+amended by this act, to the extent that such account exists or has reached 1159
1401+the level necessary to pay outstanding approved claims, except that in 1160
1402+the case of distance learning and correspondence schools authorized in 1161
1403+accordance with the provisions of section 10a-22h, as amended by this 1162
1404+act, only Connecticut residents enrolled in such schools may be eligible 1163
1405+for such refund. Upon such application, the executive director shall 1164
1406+determine whether the applicant is unable to complete a course or unit 1165
1407+of instruction because of the insolvency or cessation of operation of the 1166
1408+school to which tuition has been paid. The executive director may 1167
1409+summon by subpoena any person, records or documents pertinent to 1168
1410+the making of a determination regarding insolvency or cessation of 1169
1411+operation. For the purpose of making any tuition refund pursuant to 1170
1412+this section, a school shall be deemed to have ceased operation 1171
1413+whenever it has failed to complete a course or unit of instruction for 1172
1414+which the student has paid a tuition fee and, as a result, the school's 1173
1415+authorization has been revoked pursuant to section 10a-22f, as amended 1174
1416+by this act. If the executive director finds that the applicant is entitled to 1175
1417+a refund of tuition because of the insolvency or cessation of operation of 1176
1418+the school, the executive director shall determine the amount of an 1177
1419+appropriate refund which shall be equal to the tuition paid for the 1178
1420+uncompleted course or unit of instruction. Thereafter the executive 1179
1421+director shall direct the State Treasurer to pay, per order of the 1180
1422+Comptroller, the refund to the applicant or persons, agencies or 1181
1423+organizations indicated by the applicant who have paid tuition on the 1182
1424+student's behalf. If the student is a minor, payment shall be made to the 1183
1425+student's parent, parents or legal guardian. In no event shall a refund be 1184
1426+made from the student protection account for any financial aid provided 1185
1427+to or on behalf of any student in accordance with the provisions of Title 1186
1428+IV, Part B of the Higher Education Act of 1965, as amended from time 1187
1429+to time. Each recipient of a tuition refund made in accordance with the 1188
1430+provisions of this section shall assign all rights to the state of any action 1189
1431+against the school or its owner or owners for tuition amounts 1190
1432+reimbursed pursuant to this section. Upon such assignment, the state 1191
1433+may take appropriate action against the school or its owner or owners 1192 Raised Bill No. 105
1434+
1435+
1436+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1437+R01-SB.docx }
1438+38 of 53
1439+
1440+in order to reimburse the student protection account for any expenses 1193
1441+or claims that are paid from the account and to reimburse the state for 1194
1442+the reasonable and necessary expenses in undertaking such action. Any 1195
1443+student who falsifies information on an application for tuition 1196
1444+reimbursement shall lose his or her right to any refund from the account. 1197
1445+Sec. 27. Subsection (c) of section 10-95r of the general statutes is 1198
1446+repealed and the following is substituted in lieu thereof (Effective October 1199
1447+1, 2022): 1200
1448+(c) The executive director may enter into cooperative arrangements 1201
1449+with local and regional boards of education, private [occupational] 1202
1450+career schools, institutions of higher education, job training agencies 1203
1451+and employers in order to provide (1) general education, (2) vocational, 1204
1452+technical, technological or postsecondary education, and (3) work 1205
1453+experience. 1206
1454+Sec. 28. Subdivision (1) of subsection (a) of section 10a-11b of the 2022 1207
1455+supplement to the general statutes is repealed and the following is 1208
1456+substituted in lieu thereof (Effective October 1, 2022): 1209
1457+(1) The commission shall consist of the following voting members: 1210
1458+(A) The president of the Connecticut State Colleges and Universities, the 1211
1459+president of The University of Connecticut, or their designees from the 1212
1460+Board of Regents and Board of Trustees; (B) the provost of the 1213
1461+Connecticut State Colleges and Universities and the provost of The 1214
1462+University of Connecticut; (C) the chair of the Board of Regents for the 1215
1463+Connecticut State Colleges and Universities, and the Board of Trustees 1216
1464+for The University of Connecticut, or the chairs' designees; (D) the 1217
1465+president, vice president or chair of the board of a large independent 1218
1466+institution of higher education in the state, to be selected by the 1219
1467+president of the Connecticut Conference of Independent Colleges; (E) 1220
1468+the president, vice president or chair of the board of a small independent 1221
1469+institution of higher education in the state, to be selected by the 1222
1470+president of the Connecticut Conference of Independent Colleges; (F) a 1223
1471+representative from a private [occupational] career school, to be selected 1224 Raised Bill No. 105
1472+
1473+
1474+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1475+R01-SB.docx }
1476+39 of 53
1477+
1478+by the Commissioner of Education; (G) a teaching faculty representative 1225
1479+from the Connecticut State Universities, to be selected by the president 1226
1480+of the Connecticut State Colleges and Universities; (H) a teaching faculty 1227
1481+representative from the regional community-technical colleges, to be 1228
1482+selected by the president of the Connecticut State Colleges and 1229
1483+Universities; (I) a teaching faculty representative from The University of 1230
1484+Connecticut, to be selected by the president of The University of 1231
1485+Connecticut; (J) a teaching faculty representative from a private 1232
1486+[occupational] career school in the state, to be selected by the 1233
1487+Commissioner of Education; (K) one member appointed by the 1234
1488+president pro tempore of the Senate, who shall be a representative of a 1235
1489+large manufacturing employer in the state; (L) one member appointed 1236
1490+by the speaker of the House of Representatives, who shall be a 1237
1491+representative of a large financial or insurance services employer in the 1238
1492+state; (M) one member appointed by the majority leader of the Senate, 1239
1493+who shall be a representative of an information technology or digital 1240
1494+media employer in the state; (N) one member appointed by the minority 1241
1495+leader of the Senate, who shall be a representative of a small business 1242
1496+employer in the state; (O) one member appointed by the majority leader 1243
1497+of the House of Representatives, who shall be a representative of a 1244
1498+health care employer in the state; and (P) one member appointed by the 1245
1499+minority leader of the House of Representatives, who shall be a 1246
1500+representative of a small business employer in the state. The 1247
1501+commission membership shall, where feasible, reflect the state's 1248
1502+geographic, racial and ethnic diversity. 1249
1503+Sec. 29. Section 10a-34h of the 2022 supplement to the general statutes 1250
1504+is repealed and the following is substituted in lieu thereof (Effective 1251
1505+October 1, 2022): 1252
1506+(a) As used in this section: 1253
1507+(1) "Credential" means a documented award issued by an authorized 1254
1508+body, including, but not limited to, a (A) degree or certificate awarded 1255
1509+by an institution of higher education, private [occupational] career 1256
1510+school or provider of an alternate route to certification program 1257 Raised Bill No. 105
1511+
1512+
1513+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1514+R01-SB.docx }
1515+40 of 53
1516+
1517+approved by the State Board of Education for teachers, (B) certification 1258
1518+awarded through an examination process designed to demonstrate 1259
1519+acquisition of designated knowledge, skill and ability to perform a 1260
1520+specific job, (C) license issued by a governmental agency which permits 1261
1521+an individual to practice a specific occupation upon verification that 1262
1522+such individual meets a predetermined list of qualifications, and (D) 1263
1523+documented completion of an apprenticeship or job training program; 1264
1524+and 1265
1525+(2) "Credential status type" means the official status of a credential 1266
1526+which is either active, deprecated, probationary or superseded. 1267
1527+(b) Not later than January 1, 2023, the executive director of the Office 1268
1528+of Higher Education, in consultation with the advisory council 1269
1529+established pursuant to subsection (c) of this section, shall create a 1270
1530+database of credentials offered in the state for the purpose of explaining 1271
1531+the skills and competencies earned through a credential in uniform 1272
1532+terms and plain language. In creating the database, the executive 1273
1533+director shall utilize the minimum data policy of the New England 1274
1534+Board of Higher Education's High Value Credentials for New England 1275
1535+initiative, the uniform terms and descriptions of Credentials Engine's 1276
1536+Credential Transparency Description Language and the uniform 1277
1537+standards for comparing and linking credentials in Credential Engine's 1278
1538+Credential Transparency Description Language -Achievement 1279
1539+Standards Network. At a minimum, the database shall include the 1280
1540+following information for each credential: (1) Credential status type, (2) 1281
1541+the entity that owns or offers the credential, (3) the type of credential 1282
1542+being offered, (4) a short description of the credential, (5) the name of 1283
1543+the credential, (6) the Internet web site that provides information 1284
1544+relating to the credential, (7) the language in which the credential is 1285
1545+offered, (8) the estimated duration for completion, (9) the industry 1286
1546+related to the credential which may include its code under the North 1287
1547+American Industry Classification System, (10) the occupation related to 1288
1548+the credential which may include its code under the standard 1289
1549+occupational classification system of the Bureau of Labor Statistics of the 1290 Raised Bill No. 105
1550+
1551+
1552+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1553+R01-SB.docx }
1554+41 of 53
1555+
1556+United States Department of Labor or under The Occupational 1291
1557+Information Network, (11) the estimated cost for earning the credential, 1292
1558+and (12) a listing of online or physical locations where the credential is 1293
1559+offered. 1294
1560+(c) There is established an advisory council for the purpose of 1295
1561+advising the executive director of the Office of Higher Education on the 1296
1562+implementation of the database created pursuant to subsection (b) of 1297
1563+this section. The advisory council shall consist of (1) representatives 1298
1564+from the Office of Workforce Strategy, Office of Higher Education, 1299
1565+Office of Policy and Management, Labor Department, Department of 1300
1566+Education, Connecticut State Colleges and Universities, The University 1301
1567+of Connecticut and independent institutions of higher education, and 1302
1568+(2) the Chief Data Officer, or such officer's designee. The Chief 1303
1569+Workforce Officer, the Chief Data Officer and the executive director of 1304
1570+the Office of Higher Education, or their designees, shall be 1305
1571+cochairpersons of the advisory council and shall schedule the meetings 1306
1572+of the advisory council. 1307
1573+(d) Not later than July 1, 2024, and annually thereafter, each regional 1308
1574+workforce development board, community action agency, as defined in 1309
1575+section 17b-885, institution of higher education, private [occupational] 1310
1576+career school, provider of an alternate route to certification program 1311
1577+approved by the State Board of Education, and provider of a training 1312
1578+program listed on the Labor Department's Eligible Training Provider 1313
1579+List shall submit information, in the form and manner prescribed by the 1314
1580+executive director of the Office of Higher Education, about any 1315
1581+credential offered by such institution, school or provider for inclusion 1316
1582+in the database created pursuant to subsection (b) of this section. Such 1317
1583+information shall include, but need not be limited to, the data described 1318
1584+in subdivisions (1) to (12), inclusive, of subsection (b) of this section, 1319
1585+except an institution of higher education may omit the data required 1320
1586+pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section 1321
1587+if such data is not applicable to a credential offered by such institution. 1322
1588+(e) Nothing in this section shall be construed to require any state 1323 Raised Bill No. 105
1589+
1590+
1591+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1592+R01-SB.docx }
1593+42 of 53
1594+
1595+agency or department to submit credential information to the database 1324
1596+created pursuant to subsection (b) of this section. 1325
1597+(f) The Labor Department may, in consultation with the advisory 1326
1598+council established pursuant to subsection (c) of this section, require any 1327
1599+program sponsor of a preapprenticeship or apprenticeship program 1328
1600+registered with the department to submit information about such 1329
1601+program to the Office of Higher Education for inclusion in such 1330
1602+database. 1331
1603+Sec. 30. Subsection (c) of section 10a-55a of the 2022 supplement to 1332
1604+the general statutes is repealed and the following is substituted in lieu 1333
1605+thereof (Effective October 1, 2022): 1334
1606+(c) On or before October 1, 2007, each institution of higher education 1335
1607+and private [occupational] career school, as defined in section 10a-22a, 1336
1608+as amended by this act, shall have an emergency response plan. On or 1337
1609+before October 1, 2007, and annually thereafter, each institution of 1338
1610+higher education and private [occupational] career school shall submit 1339
1611+a copy of its emergency response plan to (1) the Commissioner of 1340
1612+Emergency Services and Public Protection, and (2) local first responders. 1341
1613+Such plan shall be developed in consultation with such first responders 1342
1614+and shall include a strategy for notifying students and employees of the 1343
1615+institution or school and visitors to such institution or school of 1344
1616+emergency information. 1345
1617+Sec. 31. Section 10a-161a of the general statutes is repealed and the 1346
1618+following is substituted in lieu thereof (Effective October 1, 2022): 1347
1619+The president of the Connecticut State Colleges and Universities and 1348
1620+the Office of Higher Education shall report, biennially, in accordance 1349
1621+with the provisions of section 11-4a, to the joint standing committee of 1350
1622+the General Assembly having cognizance of matters relating to higher 1351
1623+education on state, northeast regional and national trends in (1) the cost 1352
1624+of attendance at public and independent institutions of higher education 1353
1625+and private [occupational] career schools, and (2) the availability and 1354 Raised Bill No. 105
1626+
1627+
1628+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1629+R01-SB.docx }
1630+43 of 53
1631+
1632+utilization of all forms of student financial aid for academic and 1355
1633+noncredit vocational courses and programs relative to economic 1356
1634+conditions and personal income. 1357
1635+Sec. 32. Subdivisions (21) and (22) of section 10a-223 of the 2022 1358
1636+supplement to the general statutes, as amended by section 273 of public 1359
1637+act 21-2 of the June special session, are repealed and the following is 1360
1638+substituted in lieu thereof (Effective October 1, 2022): 1361
1639+(21) "High-value certificate program" means a noncredit sub-1362
1640+baccalaureate certificate program offered by an institution of higher 1363
1641+education or a private [occupational] career school that the Chief 1364
1642+Workforce Officer determines to meet the needs of employers in the 1365
1643+state; and 1366
1644+(22) "Connecticut high-value certificate program" means a high-value 1367
1645+certificate program offered by an institution of higher education or a 1368
1646+private [occupational] career school in the state. 1369
1647+Sec. 33. Subdivision (109) of section 12-412 of the 2022 supplement to 1370
1648+the general statutes is repealed and the following is substituted in lieu 1371
1649+thereof (Effective October 1, 2022): 1372
1650+(109) Sales of college textbooks to full and part-time students enrolled 1373
1651+at institutions of higher education or private [occupational] career 1374
1652+schools authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as 1375
1653+amended by this act, provided the student presents a valid student 1376
1654+identification card. For purposes of this subdivision, "college textbooks" 1377
1655+means new or used books and related workbooks required or 1378
1656+recommended for a course at an institution of higher education or a 1379
1657+private [occupational] career school authorized pursuant to sections 1380
1658+10a-22a to 10a-22o, inclusive, as amended by this act. 1381
1659+Sec. 34. Subdivision (1) of subsection (a) of section 13b-38ee of the 1382
1660+2022 supplement to the general statutes is repealed and the following is 1383
1661+substituted in lieu thereof (Effective October 1, 2022): 1384 Raised Bill No. 105
1662+
1663+
1664+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1665+R01-SB.docx }
1666+44 of 53
1667+
1668+(1) "Eligible organization" means any provider of a training program 1385
1669+including, but not limited to, a provider of a training program listed on 1386
1670+the Labor Department's Eligible Training Provider List, an 1387
1671+apprenticeship or preapprenticeship program sponsor, a provider of an 1388
1672+alternate route to certification program approved by the State Board of 1389
1673+Education, an institution of higher education, a private [occupational] 1390
1674+career school, an employer, a state or municipal agency and a public or 1391
1675+nonprofit social service provider in the state; and 1392
1676+Sec. 35. Subsection (a) of section 14-37a of the general statutes is 1393
1677+repealed and the following is substituted in lieu thereof (Effective October 1394
1678+1, 2022): 1395
1679+(a) Any person whose operator's license has been suspended 1396
1680+pursuant to any provision of this chapter or chapter 248, except 1397
1681+pursuant to section 14-215 for operating under suspension or pursuant 1398
1682+to section 14-140 for failure to appear for any scheduled court 1399
1683+appearance, and any person identified in subsection (g) of this section 1400
1684+may make application to the Commissioner of Motor Vehicles for (1) a 1401
1685+special "work" permit to operate a motor vehicle to and from such 1402
1686+person's place of employment or, if such person is not employed at a 1403
1687+fixed location, to operate a motor vehicle only in connection with, and 1404
1688+to the extent necessary, to properly perform such person's business or 1405
1689+profession, (2) a special "education" permit to operate a motor vehicle to 1406
1690+and from an institution of higher education or a private [occupational] 1407
1691+career school, as defined in section 10a-22a, as amended by this act, in 1408
1692+which such person is enrolled, provided no such special "education" 1409
1693+permit shall be issued to any student enrolled in a high school under the 1410
1694+jurisdiction of a local or regional board of education, a high school under 1411
1695+the jurisdiction of a regional educational service center, a charter school, 1412
1696+a regional agricultural science and technology education center or a 1413
1697+technical education and career school, or (3) a special "medical" permit 1414
1698+to operate a motor vehicle to and from any ongoing medically necessary 1415
1699+treatment, available upon adoption by the commissioner of regulations 1416
1700+pursuant to chapter 54, that describe qualifications for such permit. Such 1417 Raised Bill No. 105
1701+
1702+
1703+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1704+R01-SB.docx }
1705+45 of 53
1706+
1707+application shall be accompanied by an application fee of one hundred 1418
1708+dollars. 1419
1709+Sec. 36. Subsection (a) of section 17b-749 of the 2022 supplement to 1420
1710+the general statutes is repealed and the following is substituted in lieu 1421
1711+thereof (Effective October 1, 2022): 1422
1712+(a) The Commissioner of Early Childhood shall establish and operate 1423
1713+a child care subsidy program to increase the availability, affordability 1424
1714+and quality of child care services for families with a parent or caretaker 1425
1715+who (1) is (A) working or attending high school, or (B) subject to the 1426
1716+provisions of subsection (d) of this section, is enrolled or participating 1427
1717+in (i) a public or independent institution of higher education, (ii) a 1428
1718+private [occupational] career school authorized pursuant to sections 1429
1719+10a-22a to 10a-22o, inclusive, as amended by this act, (iii) a job training 1430
1720+or employment program administered by a regional workforce 1431
1721+development board, (iv) an apprenticeship program administered by 1432
1722+the Labor Department's office of apprenticeship training, (v) an 1433
1723+alternate route to certification program approved by the State Board of 1434
1724+Education, (vi) an adult education program pursuant to section 10-69 or 1435
1725+other high school equivalency program, or (vii) a local Even Start 1436
1726+program or other adult education program approved by the 1437
1727+Commissioner of Early Childhood; or (2) receives cash assistance under 1438
1728+the temporary family assistance program from the Department of Social 1439
1729+Services and is participating in an education, training or other job 1440
1730+preparation activity approved pursuant to subsection (b) of section 17b-1441
1731+688i or subsection (b) of section 17b-689d. Services available under the 1442
1732+child care subsidy program shall include the provision of child care 1443
1733+subsidies for children under the age of thirteen or children under the 1444
1734+age of nineteen with special needs. The Office of Early Childhood shall 1445
1735+open and maintain enrollment for the child care subsidy program and 1446
1736+shall administer such program within the existing budgetary resources 1447
1737+available. The office shall issue a notice on the office's Internet web site 1448
1738+any time the office closes the program to new applications, changes 1449
1739+eligibility requirements, changes program benefits or makes any other 1450 Raised Bill No. 105
1740+
1741+
1742+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1743+R01-SB.docx }
1744+46 of 53
1745+
1746+change to the program's status or terms, except the office shall not be 1451
1747+required to issue such notice when the office expands program 1452
1748+eligibility. Any change in the office's acceptance of new applications, 1453
1749+eligibility requirements, program benefits or any other change to the 1454
1750+program's status or terms for which the office is required to give notice 1455
1751+pursuant to this subsection, shall not be effective until thirty days after 1456
1752+the office issues such notice. 1457
1753+Sec. 37. Subsection (a) of section 31-11ss of the 2022 supplement to the 1458
1754+general statutes is repealed and the following is substituted in lieu 1459
1755+thereof (Effective October 1, 2022): 1460
1756+(a) As used in this section: 1461
1757+(1) "Advanced manufacturing" means a manufacturing process that 1462
1758+makes extensive use of computer, high-precision or information 1463
1759+technologies integrated with a high-performance workforce in a 1464
1760+production system capable of furnishing a heterogeneous mix of 1465
1761+products in small or large volumes with either the efficiency of mass 1466
1762+production or the flexibility of custom manufacturing in order to 1467
1763+respond quickly to customer demands. "Advanced manufacturing" 1468
1764+includes newly developed methods to manufacture existing products 1469
1765+and the manufacture of new products emerging from new advanced 1470
1766+technologies; 1471
1767+(2) "Eligible business" means a business that (A) has operations in 1472
1768+Connecticut, (B) has been registered to conduct business for not less than 1473
1769+twelve months, and (C) is in good standing with respect to the payment 1474
1770+of all state and local taxes. "Eligible business" does not include the state 1475
1771+or any political subdivision thereof; 1476
1772+(3) ["Private occupational school"] "Private career school" has the 1477
1773+same meaning as provided in section 10a-22a, as amended by this act; 1478
1774+(4) "Public institution of higher education" means any of the 1479
1775+institutions of higher education identified in subdivision (2) of section 1480
1776+10a-1; 1481 Raised Bill No. 105
1777+
1778+
1779+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1780+R01-SB.docx }
1781+47 of 53
1782+
1783+(5) "Qualifying advanced manufacturing certificate program" means 1482
1784+a for-credit or noncredit sub-baccalaureate advanced manufacturing 1483
1785+certificate program offered by a public institution of higher education 1484
1786+or a private [occupational] career school in which at least seventy-five 1485
1787+per cent of the graduates of such certificate program are employed in a 1486
1788+field related to or requiring such certificate in the year following 1487
1789+graduation; and 1488
1790+(6) "Veteran" has the same meaning as provided in section 27-103. 1489
1791+Sec. 38. Section 46b-56c of the 2022 supplement to the general statutes 1490
1792+is repealed and the following is substituted in lieu thereof (Effective 1491
1793+October 1, 2022): 1492
1794+(a) For purposes of this section, an educational support order is an 1493
1795+order entered by a court requiring a parent to provide support for a 1494
1796+child or children to attend for up to a total of four full academic years 1495
1797+an institution of higher education or a private [occupational] career 1496
1798+school for the purpose of attaining a bachelor's or other undergraduate 1497
1799+degree, or other appropriate vocational instruction. An educational 1498
1800+support order may be entered with respect to any child who has not 1499
1801+attained twenty-three years of age and shall terminate not later than the 1500
1802+date on which the child attains twenty-three years of age. 1501
1803+(b) (1) On motion or petition of a parent, the court may enter an 1502
1804+educational support order at the time of entry of a decree of dissolution, 1503
1805+legal separation or annulment, and no educational support order may 1504
1806+be entered thereafter unless the decree explicitly provides that a motion 1505
1807+or petition for an educational support order may be filed by either 1506
1808+parent at a subsequent date. If no educational support order is entered 1507
1809+at the time of entry of a decree of dissolution, legal separation or 1508
1810+annulment, and the parents have a child who has not attained twenty-1509
1811+three years of age, the court shall inform the parents that no educational 1510
1812+support order may be entered thereafter. The court may accept a 1511
1813+parent's waiver of the right to file a motion or petition for an educational 1512
1814+support order upon a finding that the parent fully understands the 1513 Raised Bill No. 105
1815+
1816+
1817+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1818+R01-SB.docx }
1819+48 of 53
1820+
1821+consequences of such waiver. 1514
1822+(2) A waiver of the right to file a motion or petition for an educational 1515
1823+support order may be made in writing by either parent and accepted by 1516
1824+the court, provided the parent making the writing attests, under oath, 1517
1825+that the parent fully understands the consequences of such waiver, and 1518
1826+that no restraining order issued pursuant to section 46b-15 or protective 1519
1827+order issued pursuant to section 46b-38c, between the parties is in effect 1520
1828+or pending before the court. The provisions of this subdivision shall not 1521
1829+preclude the court from requiring that the parties attend a hearing and 1522
1830+that findings be made on the record. 1523
1831+(3) On motion or petition of a parent, the court may enter an 1524
1832+educational support order at the time of entry of an order for support 1525
1833+pendente lite pursuant to section 46b-83. 1526
1834+(4) On motion or petition of a parent, the court may enter an 1527
1835+educational support order at the time of entering an order of support 1528
1836+pursuant to section 46b-61 or 46b-171, or similar section of the general 1529
1837+statutes, or at any time thereafter. 1530
1838+(5) On motion or petition of a parent, the court may enter an 1531
1839+educational support order at the time of entering an order pursuant to 1532
1840+any other provision of the general statutes authorizing the court to make 1533
1841+an order of support for a child, subject to the provisions of sections 46b-1534
1842+301 to 46b-425, inclusive. 1535
1843+(c) The court may not enter an educational support order pursuant to 1536
1844+this section unless the court finds as a matter of fact that it is more likely 1537
1845+than not that the parents would have provided support to the child for 1538
1846+higher education or private [occupational] career school if the family 1539
1847+were intact. After making such finding, the court, in determining 1540
1848+whether to enter an educational support order, shall consider all 1541
1849+relevant circumstances, including: (1) The parents' income, assets and 1542
1850+other obligations, including obligations to other dependents; (2) the 1543
1851+child's need for support to attend an institution of higher education or 1544 Raised Bill No. 105
1852+
1853+
1854+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1855+R01-SB.docx }
1856+49 of 53
1857+
1858+private [occupational] career school considering the child's assets and 1545
1859+the child's ability to earn income; (3) the availability of financial aid from 1546
1860+other sources, including grants and loans; (4) the reasonableness of the 1547
1861+higher education to be funded considering the child's academic record 1548
1862+and the financial resources available; (5) the child's preparation for, 1549
1863+aptitude for and commitment to higher education; and (6) evidence, if 1550
1864+any, of the institution of higher education or private [occupational] 1551
1865+career school the child would attend. 1552
1866+(d) Any finding required to be made by the court, pursuant to this 1553
1867+section may be made on the basis of an affidavit, made under oath, by 1554
1868+either party, provided that the party making the affidavit attests that no 1555
1869+restraining order issued pursuant to section 46b-15 or protective order, 1556
1870+issued pursuant to section 46b-38c, between the parties is in effect or 1557
1871+pending before the court. Nothing in this subsection shall preclude the 1558
1872+court from requiring that the parties attend a hearing and that findings 1559
1873+be made on the record. 1560
1874+(e) At the appropriate time, both parents shall participate in, and 1561
1875+agree upon, the decision as to which institution of higher education or 1562
1876+private [occupational] career school the child will attend. The court may 1563
1877+make an order resolving the matter if the parents fail to reach an 1564
1878+agreement. 1565
1879+(f) To qualify for payments due under an educational support order, 1566
1880+the child must (1) enroll in an accredited institution of higher education 1567
1881+or private [occupational] career school, as defined in section 10a-22a, as 1568
1882+amended by this act, (2) actively pursue a course of study 1569
1883+commensurate with the child's vocational goals that constitutes at least 1570
1884+one-half the course load determined by that institution or school to 1571
1885+constitute full-time enrollment, (3) maintain good academic standing in 1572
1886+accordance with the rules of the institution or school, and (4) make 1573
1887+available all academic records to both parents during the term of the 1574
1888+order. The order shall be suspended after any academic period during 1575
1889+which the child fails to comply with these conditions. 1576 Raised Bill No. 105
1890+
1891+
1892+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1893+R01-SB.docx }
1894+50 of 53
1895+
1896+(g) The educational support order may include support for any 1577
1897+necessary educational expense, including room, board, dues, tuition, 1578
1898+fees, registration and application costs, but such expenses shall not be 1579
1899+more than the amount charged by The University of Connecticut for a 1580
1900+full-time in-state student at the time the child for whom educational 1581
1901+support is being ordered matriculates, except this limit may be exceeded 1582
1902+by agreement of the parents. An educational support order may also 1583
1903+include the cost of books and medical insurance for such child. 1584
1904+(h) The court may direct that payments under an educational support 1585
1905+order be made (1) to a parent to be forwarded to the institution of higher 1586
1906+education or private [occupational] career school, (2) directly to the 1587
1907+institution or school, or (3) otherwise as the court determines to be 1588
1908+appropriate. 1589
1909+(i) On motion or petition of a parent, an educational support order 1590
1910+may be modified or enforced in the same manner as is provided by law 1591
1911+for any support order. 1592
1912+(j) This section does not create a right of action by a child for parental 1593
1913+support for higher education. 1594
1914+(k) An educational support order under this section does not include 1595
1915+support for graduate or postgraduate education beyond a bachelor's 1596
1916+degree. 1597
1917+(l) The provisions of this section shall apply only in cases when the 1598
1918+initial order for parental support of the child is entered on or after 1599
1919+October 1, 2002. 1600
1920+Sec. 39. Subsection (a) of section 10a-55i of the 2022 supplement to the 1601
1921+general statutes is repealed and the following is substituted in lieu 1602
1922+thereof (Effective October 1, 2022): 1603
1923+(a) There is established a Higher Education Consolidation Committee 1604
1924+which shall be convened by the chairpersons of the joint standing 1605
1925+committee of the General Assembly having cognizance of matters 1606 Raised Bill No. 105
1926+
1927+
1928+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1929+R01-SB.docx }
1930+51 of 53
1931+
1932+relating to higher education or such chairpersons' designee, who shall 1607
1933+be a member of such joint standing committee. The membership of the 1608
1934+Higher Education Consolidation Committee shall consist of the higher 1609
1935+education subcommittee on appropriations and the chairpersons, vice 1610
1936+chairpersons and ranking members of the joint standing committees of 1611
1937+the General Assembly having cognizance of matters relating to higher 1612
1938+education and appropriations. The Higher Education Consolidation 1613
1939+Committee shall establish a meeting and public hearing schedule for 1614
1940+purposes of receiving updates from (1) the Board of Regents for Higher 1615
1941+Education on the progress of the consolidation of the state system of 1616
1942+higher education pursuant to this section, section 4-9c, subsection (g) of 1617
1943+section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection 1618
1944+(a) of section 7-608, subsection (a) of section 10-9, section 10-155d, 1619
1945+subdivision (14) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 1620
1946+as amended by this act, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a, 1621
1947+inclusive, 10a-17d and 10a-22a, as amended by this act, [subsections (f) 1622
1948+and (h) of] section 10a-22b, as amended by this act, subsections (c) and 1623
1949+(d) of section 10a-22d, as amended by this act, sections 10a-22h, as 1624
1950+amended by this act, and 10a-22k, subsection (a) of section 10a-22n, as 1625
1951+amended by this act, sections 10a-22r, as amended by this act, 10a-22s, 1626
1952+10a-22u, as amended by this act, 10a-22v, as amended by this act, 10a-1627
1953+22x and 10a-34 to 10a-35a, inclusive, as amended by this act, subsection 1628
1954+(a) of section 10a-48a, sections 10a-71 and 10a-72, subsections (c) and (f) 1629
1955+of section 10a-77, section 10a-88, subsection (a) of section 10a-89, 1630
1956+subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 1631
1957+10a-109e, 10a-143 and 10a-168a, and (2) the Board of Regents for Higher 1632
1958+Education and The University of Connecticut on the program approval 1633
1959+process for the constituent units. The Higher Education Consolidation 1634
1960+Committee shall convene its first meeting on or before September 15, 1635
1961+2011, and meet not less than once every two months. 1636
1962+Sec. 40. Section 10a-22y of the general statutes is repealed. (Effective 1637
1963+October 1, 2022) 1638 Raised Bill No. 105
1964+
1965+
1966+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
1967+R01-SB.docx }
1968+52 of 53
1969+
1970+This act shall take effect as follows and shall amend the following
1971+sections:
1972+
1973+Section 1 July 1, 2022 4-5
1974+Sec. 2 October 1, 2022 10a-1d
1975+Sec. 3 October 1, 2022 10a-34
1976+Sec. 4 October 1, 2022 10a-34c
1977+Sec. 5 October 1, 2022 10a-34e(a)
1978+Sec. 6 October 1, 2022 10a-34g(a)
1979+Sec. 7 October 1, 2022 10-67(4)
1980+Sec. 8 October 1, 2022 12-407(a)(37)(J)
1981+Sec. 9 October 1, 2022 30-22a(k)
1982+Sec. 10 October 1, 2022 10a-22a
1983+Sec. 11 October 1, 2022 10a-22b
1984+Sec. 12 October 1, 2022 10a-22c
1985+Sec. 13 October 1, 2022 10a-22d
1986+Sec. 14 October 1, 2022 10a-22e
1987+Sec. 15 October 1, 2022 10a-22f
1988+Sec. 16 October 1, 2022 10a-22g
1989+Sec. 17 October 1, 2022 10a-22h
1990+Sec. 18 October 1, 2022 10a-22i
1991+Sec. 19 October 1, 2022 10a-22l
1992+Sec. 20 October 1, 2022 10a-22m
1993+Sec. 21 October 1, 2022 10a-22n
1994+Sec. 22 October 1, 2022 10a-22p
1995+Sec. 23 October 1, 2022 10a-22q
1996+Sec. 24 October 1, 2022 10a-22r
1997+Sec. 25 October 1, 2022 10a-22u
1998+Sec. 26 October 1, 2022 10a-22v
1999+Sec. 27 October 1, 2022 10-95r(c)
2000+Sec. 28 October 1, 2022 10a-11b(a)(1)
2001+Sec. 29 October 1, 2022 10a-34h
2002+Sec. 30 October 1, 2022 10a-55a(c)
2003+Sec. 31 October 1, 2022 10a-161a
2004+Sec. 32 October 1, 2022 10a-223(21) and (22)
2005+Sec. 33 October 1, 2022 12-412(109)
2006+Sec. 34 October 1, 2022 13b-38ee(a)(1)
2007+Sec. 35 October 1, 2022 14-37a(a)
2008+Sec. 36 October 1, 2022 17b-749(a)
2009+Sec. 37 October 1, 2022 31-11ss(a) Raised Bill No. 105
2010+
2011+
2012+LCO 1200 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00105-
2013+R01-SB.docx }
2014+53 of 53
2015+
2016+Sec. 38 October 1, 2022 46b-56c
2017+Sec. 39 October 1, 2022 10a-55i(a)
2018+Sec. 40 October 1, 2022 Repealer section
2019+
2020+HED Joint Favorable
19322021