LCO No. 5554 1 of 11 General Assembly Raised Bill No. 6881 January Session, 2023 LCO No. 5554 Referred to Committee on EDUCATION Introduced by: (ED) AN ACT CONCERNING VARIOUS REVISIONS TO THE EDUCATION STATUTES RELATED TO EDUCATOR COMPENSATION AND PARAEDUCATORS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 10-148d of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2023): 3 (a) For the school year commencing July 1, [2022] 2023, and each 4 school year thereafter, each paraeducator employed by a local or 5 regional board of education shall participate in a program of 6 professional development. Each local and regional board of education 7 shall make available, annually, at no cost to its paraeducators, a 8 program of professional development that is not fewer than eighteen 9 hours in length, of which a preponderance is in a small group or 10 individual instructional setting. Such program of professional 11 development shall (1) be a comprehensive, sustained and intensive 12 approach to improving paraeducators effectiveness in increasing 13 student knowledge achievement, (2) focus on refining and improving 14 Raised Bill No. 6881 LCO No. 5554 2 of 11 various effective instruction methods that are shared between and 15 among paraeducators, (3) foster collective responsibility for improved 16 student performance, (4) be comprised of professional learning that (A) 17 is aligned with rigorous state student academic achievement standards, 18 (B) is conducted among paraeducators at the school and facilitated by 19 principals, coaches, mentors, distinguished educators, as described in 20 section 10-145s, or other appropriate teachers, (C) occurs frequently on 21 an individual basis or among groups of paraeducators in a job-22 embedded process of continuous improvement, and (D) includes a 23 repository of best practices for instruction methods developed by 24 paraeducators within each school that is continuously available to such 25 paraeducators for comment and updating, and (5) include training in 26 culturally responsive pedagogy and practice. Each program of 27 professional development shall include professional development 28 activities in accordance with the provisions of subsection (b) of this 29 section. The [principles and practices of social-emotional learning and 30 restorative practices shall be integrated throughout the] components of 31 such program of professional development described in subdivisions (1) 32 to (5), inclusive, of this subsection shall integrate the principles and 33 practices of social-emotional learning and restorative practices 34 throughout, but may not otherwise include mandated trainings such as 35 trainings regarding blood-borne pathogens, the policies and procedures 36 of the Department of Children and Families and sexual harassment. 37 Sec. 2. Subsections (b) and (c) of section 10-220a of the general statutes 38 are repealed and the following is substituted in lieu thereof (Effective July 39 1, 2023): 40 (b) Not later than a date prescribed by the commissioner, each local 41 and regional board of education shall establish a professional 42 development and evaluation committee. Such professional 43 development and evaluation committee shall consist of (1) at least one 44 teacher, as defined in subsection (a) of section 10-144d, selected by the 45 exclusive bargaining representative for certified employees chosen 46 pursuant to section 10-153b, (2) at least one administrator, as defined in 47 subsection (a) of section 10-144e, selected by the exclusive bargaining 48 Raised Bill No. 6881 LCO No. 5554 3 of 11 representative for certified employees chosen pursuant to section 10-49 153b, [and] (3) at least one paraeducator selected by any exclusive 50 bargaining representative for paraeducators, and (4) such other school 51 personnel as the board deems appropriate. The duties of such 52 committees shall include, but not be limited to, participation in the 53 development or adoption of a teacher evaluation and support program 54 for the district, pursuant to section 10-151b, and the development, 55 evaluation and annual updating of a comprehensive local professional 56 development plan for certified employees of the district. Such plan shall: 57 (A) Be directly related to the educational goals prepared by the local or 58 regional board of education pursuant to subsection (b) of section 10-220, 59 (B) on and after July 1, 2021, be developed with full consideration of the 60 priorities and needs related to student social-emotional learning and 61 restorative practices, in accordance with the provisions of section 10-62 148a, and student academic outcomes as determined by the State Board 63 of Education, (C) provide for the ongoing and systematic assessment 64 and improvement of both teacher evaluation and professiona l 65 development of the professional staff members of each such board, 66 including personnel management and evaluation training or experience 67 for administrators, and (D) be related to regular and special student 68 needs and may include provisions concerning career incentives and 69 parent involvement. The State Board of Education shall develop 70 guidelines to assist local and regional boards of education in 71 determining the objectives of the plans and in coordinating staff 72 development activities with student needs and school programs. For the 73 school year commencing July 1, 2022, and each school year thereafter, 74 such committees shall develop, evaluate and annually update a 75 comprehensive local professional development plan for paraeducators 76 of the district in accordance with the provisions of this subsection. 77 (c) (1) The Department of Education, in cooperation with one or more 78 regional educational service centers, is authorized to provide institutes 79 annually for Connecticut educators. Such institutes shall serve as model 80 programs of professional development and shall be taught by 81 exemplary Connecticut teachers and administrators and by other 82 Raised Bill No. 6881 LCO No. 5554 4 of 11 qualified individuals as selected by the Department of Education. The 83 Department of Education shall charge fees for attending such institutes 84 provided such fees shall be based on the actual cost of such institutes. 85 (2) Not later than January 1, 2024, and annually thereafter, the 86 Department of Education shall (A) in collaboration with the School 87 Paraeducator Advisory Council, develop or update guidance and best 88 practices for programs of professional development provided for 89 paraeducators, and (B) distribute such guidance and best practices to 90 each local and regional board of education. 91 Sec. 3. Subsection (c) of section 10-10a of the general statutes is 92 repealed and the following is substituted in lieu thereof (Effective July 1, 93 2023): 94 (c) The state-wide public school information system shall: 95 (1) Track and report data relating to student, teacher and school and 96 district performance growth and make such information available to 97 local and regional boards of education for use in evaluating educational 98 performance and growth of teachers and students enrolled in public 99 schools in the state. Such information shall be collected or calculated 100 based on information received from local and regional boards of 101 education and other relevant sources. Such information shall include, 102 but not be limited to: 103 (A) In addition to performance on state-wide mastery examinations 104 pursuant to subsection (b) of this section, data relating to students shall 105 include, but not be limited to, (i) the primary language spoken at the 106 home of a student, (ii) student transcripts, (iii) student attendance and 107 student mobility, (iv) reliable, valid assessments of a student's readiness 108 to enter public school at the kindergarten level, and (v) data collected, if 109 any, from the preschool experience survey, described in section 10-515; 110 (B) Data relating to teachers shall include, but not be limited to, (i) 111 teacher credentials, such as master's degrees, teacher preparation 112 programs completed and certification levels and endorsement areas, (ii) 113 Raised Bill No. 6881 LCO No. 5554 5 of 11 teacher assessments, such as whether a teacher is deemed highly 114 qualified pursuant to the No Child Left Behind Act, P.L. 107-110, or 115 deemed to meet such other designations as may be established by 116 federal law or regulations for the purposes of tracking the equitable 117 distribution of instructional staff, (iii) the presence of substitute teachers 118 in a teacher's classroom, (iv) class size, (v) numbers relating to 119 absenteeism in a teacher's classroom, and (vi) the presence of a teacher's 120 aide. The department shall assign a unique teacher identifier to each 121 teacher prior to collecting such data in the public school information 122 system; 123 (C) Data relating to schools and districts shall include, but not be 124 limited to, (i) school population, (ii) annual student graduation rates, 125 (iii) annual teacher retention rates, (iv) school disciplinary records, such 126 as data relating to suspensions, expulsions and other disciplinary 127 actions, (v) the percentage of students whose primary language is not 128 English, (vi) the number of and professional credentials of support 129 personnel, (vii) information relating to instructional technology, such as 130 access to computers, and (viii) disaggregated measures of school-based 131 arrests pursuant to section 10-233n; and 132 (D) Data related to paraeducators shall include, but not be limited to, 133 (i) total number of paraeducators employed in each school district, (ii) 134 assigned job title, (iii) hourly rate of pay, (iv) number of working days 135 and hours, (v) health care contributions as a percentage of salary, and 136 (vi) annual salary calculated by multiplying working hours and hourly 137 rate of pay. The department shall assign a unique paraeducator 138 identifier to each paraeducator prior to collecting such data in the public 139 school information system. 140 (2) Collect data relating to student enrollment in and graduation from 141 institutions of higher education for any student who had been assigned 142 a unique student identifier pursuant to subsection (b) of this section, 143 provided such data is available. 144 (3) Develop means for access to and data sharing with the data 145 Raised Bill No. 6881 LCO No. 5554 6 of 11 systems of public institutions of higher education in the state. 146 Sec. 4. (NEW) (Effective July 1, 2023) Not later than December 1, 2023, 147 and annually thereafter, the Department of Education shall post on the 148 department's Internet web site and submit, in accordance with the 149 provisions of section 11-4a of the general statutes, to the joint standing 150 committee of the General Assembly having cognizance of matters 151 relating to education a report concerning the staffing level of 152 paraeducators in schools. Such report shall include, but need not be 153 limited to, for each school district in the state (1) the number of vacancies 154 for paraeducator positions, (2) paraeducator to student staffing ratios, 155 and (3) the impact of such vacancies on students and student learning. 156 Sec. 5. Subparagraph (I) of subdivision (10) of subsection (a) of section 157 10-76d of the general statutes is repealed and the following is 158 substituted in lieu thereof (Effective July 1, 2023): 159 (I) Prior to any planning and placement team meeting for a child or 160 pupil in which an educational program for such child or pupil is 161 developed, reviewed or revised, if the parent, guardian, pupil or 162 surrogate parent has requested that the school paraprofessional 163 assigned to such child or pupil attend such meeting, then the 164 responsible local or regional board of education shall provide (i) 165 adequate notice of such meeting to such school paraprofessional so that 166 such school paraprofessional may adequately prepare for such meeting, 167 and (ii) training, upon request of such school paraprofessional, on the 168 role of such school paraprofessional at such meeting. Following such 169 meeting, such school paraprofessional, or any other paraprofessional 170 who is providing special education or related services to such child, 171 shall review such educational program with a supervisor, as needed, 172 and be permitted to view such educational program in order to be able 173 to provide special education or related services to such child or pupil in 174 accordance with such educational program. 175 Sec. 6. (Effective from passage) (a) As used in this section: 176 (1) "Resident student" means each student counted toward the 177 Raised Bill No. 6881 LCO No. 5554 7 of 11 calculation of a town's entitlement to an equalization aid grant pursuant 178 to section 10-262h of the general statutes; 179 (2) "Teacher" has the same meaning provided in section 10-151 of the 180 general statutes; and 181 (3) "Paraeducator" means an employee of a local or regional board of 182 education who assists teachers or other professional educators in the 183 delivery of instructional and related services to students. 184 (b) The Comptroller shall establish a grant program to supplement 185 the salaries of educators and paraeducators in the state for the fiscal 186 years ending June 30, 2024, and June 30, 2025. Not later than September 187 first of each fiscal year, the Comptroller shall pay to each town 188 maintaining public schools according to law a percentage of the total 189 appropriation for such purpose equal to each town's proportional share 190 of the total state-wide equalization aid grants received by such town 191 during such fiscal year pursuant to section 10-262h of the general 192 statutes. 193 (c) Not later than five days after the receipt of a grant payment 194 pursuant to subsection (b) of this section, each town shall pay a 195 proportional share of such grant payment to (1) the local board of 196 education in an amount equal to the proportion of total resident 197 students that is enrolled in schools governed by such board, and (2) any 198 regional board of education in which a resident student is enrolled in an 199 amount equal to the proportion of total resident students that is enrolled 200 in school governed by such board. 201 (d) Each local or regional board of education that receives any portion 202 of the grant payment pursuant to subsection (c) of this section, shall use 203 such grant payment to supplement the salaries of each teacher and each 204 paraeducator employed by such board. The amount paid to each teacher 205 and paraeducator shall be subject to collective bargaining provided each 206 teacher salary is not less than three and one quarter times and each 207 paraeducator salary is not less than three and three quarters times the 208 current federal poverty level for a family of two. Contracts for teachers 209 Raised Bill No. 6881 LCO No. 5554 8 of 11 and paraeducators may be reopened exclusively for the purpose of this 210 subsection subject to the provisions of sections 10-153a to 10-153n, 211 inclusive, of the general statutes, except, upon mutual agreement of the 212 parties such negotiations may (1) include other conditions of 213 employment, and (2) be excluded from the binding arbitration 214 provisions of section 10-153f of the general statutes. No amount of the 215 grant payment may be used to supplant the teacher and paraeducator 216 salary included in such board's budget for such fiscal year. 217 Sec. 7. (Effective from passage) The sum of six hundred million dollars 218 is appropriated to the office of the Comptroller from the General Fund, 219 for the fiscal year ending June 30, 2024, for the grant program 220 established pursuant to section 6 of this act. 221 Sec. 8. (Effective July 1, 2024) An amount equal to twenty per cent of 222 the discretionary budget surplus of the General Fund is appropriated to 223 the office of the Comptroller from the General Fund, for the fiscal year 224 ending June 30, 2025, for the grant program established pursuant to 225 section 6 of this act. 226 Sec. 9. (NEW) (Effective from passage) Any contract negotiated on and 227 after the effective date of this section for the compensation of (1) 228 teachers, as defined in section 10-151 of the general statutes, shall 229 maintain a minimum scheduled annual salary in an amount not less 230 than three and one quarter times the federal poverty limit for a family 231 of two, (2) paraeducators, as defined in section 6 of this act, and 232 collectively bargained pursuant to sections 10-153a to 10-153n, inclusive, 233 of the general statutes, shall maintain a minimum scheduled annual 234 salary in an amount not less than three and three quarters times the 235 federal poverty limit for a family of two. Contracts for teachers and 236 paraeducators may be reopened exclusively for the purpose of this 237 section subject to the provisions of sections 10-153a to 10-153n, inclusive, 238 of the general statutes, except, upon mutual agreement of the parties 239 such negotiations may include other conditions of employment. 240 Sec. 10. (NEW) (Effective from passage) Each local or regional board of 241 Raised Bill No. 6881 LCO No. 5554 9 of 11 education that employs a paraeducator, as defined in section 6 of this 242 act, shall employ such paraeducator for not fewer than twenty hours a 243 week. The Commissioner of Education may waive the requirement set 244 forth in this section if the commissioner finds that extraordinary 245 circumstances, in the commissioner's discretion, require employing a 246 paraeducator for fewer than twenty hours a week for period not to 247 exceed one school year. 248 Sec. 11. (NEW) (Effective from passage) (a) Notwithstanding 249 subdivision (1) of subsection (i) of section 5-259 of the general statutes, 250 each local or regional board of education shall offer the Municipal 251 Employee Health Insurance Plan, established pursuant to subsection (i) 252 of section 5-259 of the general statutes, to any paraeducator employed 253 by such board. Each paraeducator who elects such coverage shall (1) be 254 eligible to participate in such plan for a full calendar year, (2) pay the 255 employee's share of the premium for such coverage subject to the 256 provisions of subsection (b) of this section, and (3) may opt to receive a 257 salary over a twelve month period to facilitate the payment of the 258 employee's share of the premium for such coverage. 259 (b) The portions of the premium for the coverage offered pursuant to 260 subsection (a) of this section to be paid by the employer and the 261 employee shall be subject to collective bargaining between the 262 authorized representative of the local or regional board of education 263 and the employee organization that represents paraeducators. 264 (c) The Comptroller shall annually pay to each local or regional board 265 of education not less than fifty per cent of the cost to such board for the 266 coverage offered pursuant to subsection (a) of this section. 267 Sec. 12. (NEW) (Effective from passage) (a) Notwithstanding any 268 provision of the general statutes, each local and regional board of 269 education shall pay for each paraeducator, as defined in section 6 of this 270 act, employed by such board the full employee contribution required 271 pursuant to the Municipal Employees Retirement System or any other 272 retirement system in which such board participates, provided such 273 Raised Bill No. 6881 LCO No. 5554 10 of 11 payment shall not exceed the amount of the full employee contribution 274 required pursuant to the Municipal Employees Retirement System. 275 (b) The Comptroller shall annually pay to each local or regional board 276 of education not less than fifty per cent of the cost to such board for the 277 payment of the employee contribution for retirement benefits pursuant 278 to subsection (a) of this section. 279 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2023 10-148d(a) Sec. 2 July 1, 2023 10-220a(b) and (c) Sec. 3 July 1, 2023 10-10a(c) Sec. 4 July 1, 2023 New section Sec. 5 July 1, 2023 10-76d(a)(10)(I) Sec. 6 from passage New section Sec. 7 from passage New section Sec. 8 July 1, 2024 New section Sec. 9 from passage New section Sec. 10 from passage New section Sec. 11 from passage New section Sec. 12 from passage New section Statement of Purpose: To (1) exclude mandated trainings from professional development programs for paraeducators, (2) include a paraeducator on professional development and evaluation committees, (3) require the collection of data concerning paraeducators on the state-wide public school information system, (4) require an annual report on paraeducator staffing levels, (5) require paraeducators to review a student's individualized education program with a supervisor, as needed, (6) require the establishment of a grant program to supplement teacher and paraeducator salaries, (7) establish a minimum salary for teachers and paraeducators, (8) require boards of education to (A) offer the Municipal Employee Health Insurance Plan to paraeducators, and (B) pay the employee contribution required under a retirement system for paraeducators, and (9) require the state to pay not less than fifty per cent of the cost to boards of education for providing the Municipal Employee Health Insurance Plan and for paying the employee contribution for retirement benefits. Raised Bill No. 6881 LCO No. 5554 11 of 11 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]