Substitute House Bill No. 6882
Public Act No. 23-160
AN ACT CONCERNING EDUCATION MANDATE RELIEF AND
OTHER TECHNICAL AND ASSORTED REVISIONS AND ADDITIONS
TO THE EDUCATION AND EARLY CHILDHOOD EDUCATION
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective July 1, 2023) (a) The executive director of the
Connecticut Association of Boards of Education, or the executive
director's designee, shall convene a working group to (1) review
mandates on the Department of Education and local and regional
boards of education in the general statutes, the regulations of
Connecticut state agencies and federal law for the purpose of
identifying those mandates that are overly burdensome or have the
effect of limiting or restricting the provision of instruction or services to
students, including a detailed analysis of each such mandate so
identified, the specific statutory or regulation citation for such mandate
and how such mandate is imposed on the department or board of
education, and (2) recommendations regarding the (A) development of
a biennial review process to examine the laws governing education in
the general statutes and the regulations of Connecticut state agencies for
the purpose of identifying obsolete or duplicative mandates on the
Department of Education or local and regional boards of education, and
(B) repeal of or amendment to any such statute or regulation. Substitute House Bill No. 6882
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(b) The working group shall consist of the following members:
(1) A representative from each of the following organizations,
designated by each such organization:
(A) The Connecticut Association of Boards of Education;
(B) The Connecticut Association of Public School Superintendents;
(C) The Connecticut PTA;
(D) The American Federation of Teachers-Connecticut;
(E) The Connecticut Education Association; and
(F) The Connecticut Association of School Business Officials;
(2) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to education, or the chairpersons' and ranking members'
designees; and
(3) The Commissioner of Education, or the commissioner's designee.
(c) All initial appointments to the working group shall be made not
later than thirty days after the effective date of this section. Any vacancy
shall be filled by the appointing authority.
(d) The executive director of the Connecticut Association of Boards
of Education, or the executive director's designee, shall serve as the
chairperson of the working group. The chairperson shall schedule the
first meeting of the working group, which shall be held not later than
sixty days after the effective date of this section.
(e) The working group may provide an opportunity for public
comment or seek input from students, parents, educators, boards of
education and other education stakeholders while conducting the Substitute House Bill No. 6882
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review and developing its recommendations under this section.
(f) Not later than January 1, 2025, the working group shall submit a
report on its review of such mandates and its recommendations for the
repeal of or amendment to any state mandates and development of a
biennial review process to the joint standing committee of the General
Assembly having cognizance of matters relating to education, in
accordance with the provisions of section 11-4a of the general statutes.
The working group shall terminate on the date that it submits such
report or July 1, 2025, whichever is later.
Sec. 2. Subsection (a) of section 10-220a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) Each local or regional board of education shall provide an in-
service training program for its teachers, administrators and pupil
personnel who hold the initial educator, provisional educator or
professional educator certificate. Such program shall provide such
teachers, administrators and pupil personnel with information on (1)
the nature and the relationship of alcohol and drugs, as defined in
subdivision (17) of section 21a-240, to health and personality
development, and procedures for discouraging their abuse, (2) health
and mental health risk reduction education that includes, but need not
be limited to, the prevention of risk-taking behavior by children and the
relationship of such behavior to substance abuse, pregnancy, sexually
transmitted diseases, including HIV-infection and AIDS, as defined in
section 19a-581, violence, teen dating violence, domestic violence and
child abuse, (3) school violence prevention, conflict resolution, the
prevention of and response to youth suicide and the identification and
prevention of and response to bullying, as defined in subsection (a) of
section 10-222d, except that (A) those boards of education that
implement any evidence-based model approach that is approved by the
Department of Education and is consistent with subsection (c) of section Substitute House Bill No. 6882
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10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section
10-233c and sections 1 and 3 of public act 08-160, shall not be required
to provide in-service training on the identification and prevention of
and response to bullying, and (B) such school violence prevention
training shall be in a manner prescribed in a school security and safety
plan, in accordance with the provisions of section 10-222n, (4)
cardiopulmonary resuscitation and other emergency life saving
procedures, (5) the requirements and obligations of a mandated
reporter, (6) the detection and recognition of, and evidence-based
structured literacy interventions for, students with dyslexia, as defined
in section 10-3d, (7) culturally responsive pedagogy and practice,
including, but not limited to, the video training module relating to
implicit bias and anti-bias in the hiring process in accordance with the
provisions of section 10-156hh, [and] (8) the principles and practices of
social-emotional learning and restorative practices, and (9) emergency
response to students who experience a seizure in a school, including,
but not limited to, the recognition of the signs and symptoms of
seizures, the appropriate steps for seizure first aid, information about
seizure action plans for students and, for those authorized to administer
medication under section 10-212a, the administration of seizure rescue
medication or prescribed electrical stimulation using a Vagus Nerve
Stimulator magnet. Each local or regional board of education [may] shall
allow any [paraprofessional] paraeducator or noncertified employee to
participate, on a voluntary basis, in any in-service training program
provided pursuant to this section.
Sec. 3. Subsection (e) of section 10-220 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) Each local and regional board of education shall establish a school
district curriculum committee. The committee shall recommend,
develop, review and approve all curriculum for the local or regional Substitute House Bill No. 6882
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school district. Each local and regional board of education shall make
available all curriculum approved by the committee and all associated
curriculum materials in accordance with the requirements of the
Protection of Pupil Rights Amendment, 20 USC 1232h.
Sec. 4. Section 10-73d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
A public school student who is both under seventeen years of age and
a [mother] parent may request permission from the local or regional
board of education to attend adult education classes. The local or
regional board of education may, by a majority vote of the members of
the board present and voting at a regular or special meeting of the board
called for such purpose, assign such student to adult education classes.
Sec. 5. Section 10-15k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) As used in this section: [, "remote learning"]
(1) "Remote learning" means instruction by means of one or more
Internet-based software platforms as part of a remote learning model;
and
(2) "Eligible student" means a student who resides in the state, but is
unable to attend school in person due to a medical diagnosis, including
a psychological or physical condition or restriction, or medical
exemption to required immunizations, documented by the child's
health care provider.
(b) The Department of Education shall develop a plan for the creation
and implementation of a state-wide remote learning school that offers
grades kindergarten to twelve, inclusive, and provides remote learning
to students. In the course of developing such plan, the department shall
(1) consider the findings and recommendations of the report created by Substitute House Bill No. 6882
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the Connecticut Remote Learning Commission pursuant to section 10-
15j, as amended by this act, (2) review remote learning schools and
models being implemented in other states, and (3) estimate the number
of eligible students. [who reside in Connecticut that may be eligible to
enroll in such state-wide remote learning school.] The department shall
use, to the extent permissible under federal guidelines, funds received
from the Coronavirus Response and Relief Supplemental
Appropriations Act, P.L. 116-260, as amended from time to time, to
develop such plan.
(c) Any state-wide remote learning school that may be created under
such plan shall (1) be maintained by and under the direction and control
of the State Board of Education, (2) provide in each school year not less
than one hundred eighty days of actual school sessions and nine
hundred hours of actual school work for grades kindergarten to twelve,
inclusive, provided not more than seven hours of actual school work in
any school day shall count toward the total required for the school year,
(3) offer coursework and a curriculum that is rigorous, aligned with
curriculum guidelines approved by the State Board of Education, and in
accordance with the state-wide subject matter content standards,
adopted by the state board pursuant to section 10-4, (4) grant a diploma,
in accordance with the provisions of section 10-5, to any student
enrolled in such state-wide remote learning school who has
satisfactorily completed the high school graduation requirements
described in section 10-221a, and (5) be created with consideration given
to best practices in remote learning, technological capabilities of
students throughout the state and equity.
(d) The department shall draft a request for proposals for any items
required to create and implement a state-wide remote learning school.
(e) Not later than [July 1, 2023] January 1, 2024, the department shall
submit the plan, the draft request for proposals and any
recommendations for legislation related to the implementation of such Substitute House Bill No. 6882
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plan to the joint standing committees of the General Assembly having
cognizance of matters relating to education and appropriations, in
accordance with the provisions of section 11-4a.
Sec. 6. Section 10-220 of the general statutes is amended by adding
subsection (g) as follows (Effective July 1, 2023):
(NEW) (g) Each local or regional board of education conducting a
regular or special meeting of such board shall make available for public
inspection the agenda for the meeting or any associated documents that
may be reviewed by members of the board at such meeting and post
such agenda and documents on the Internet web site of such board.
Sec. 7. (NEW) (Effective July 1, 2023) (a) The Commissioner of
Education shall convene a family and community engagement in
education council. The council shall (1) advise the commissioner on
issues and policies related to family and community engagement in
education, (2) provide parent and community feedback on products and
initiatives offered by the Department of Education, (3) review and make
recommendations regarding the State Board of Education's five year
comprehensive plan concerning school-family-community partnership
initiatives, and (4) review and make recommendations regarding
effective practices to increase school and district capacity to develop
successful partnerships and families' capacity to support their children's
education. The council shall meet at least quarterly.
(b) The commissioner shall select the membership of the council,
provided such membership balances representation from school and
district staff, parents and guardians of students and community
members who reflect the state's geographic, economic, ethnic and racial
diversity and bring an authentic parent and community voice to the
council.
(c) Not later than January 1, 2025, and annually thereafter, the council Substitute House Bill No. 6882
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shall submit a report on its review and recommendations regarding the
comprehensive five-year plan regarding school-family-community
partnership initiatives to the State Board of Education and the joint
standing committee of the General Assembly having cognizance of
matters relating to education, in accordance with the provisions of
section 11-4a of the general statutes.
Sec. 8. Subsection (e) of section 10-16x of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(e) The Department of Education shall, [provide grant recipients with
technical assistance, evaluation, program monitoring, professional
development and accreditation support] in collaboration with regional
educational service centers, support grant recipients by (1) monitoring
and evaluating programs and activities, (2) conducting a comprehensive
evaluation of the effectiveness of programs and implementing risk
assessments, (3) providing technical assistance and training to eligible
applicants, and (4) ensuring program activities are aligned with state
academic standards. The department may retain up to [four] seven and
one-half per cent of the amount appropriated for the grant program for
purposes of this subsection.
Sec. 9. Section 10-357b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) The purposes of the State Education Resource Center, established
pursuant to section 10-357a, shall be to assist the State Board of
Education in the provision of programs and activities that will promote
educational equity and excellence. Such activities shall be limited to:
Training, technical assistance and professional development for local
and regional boards of education, school leaders, teachers, families and
community partners in the form of seminars, publications, site visits, on-
line content and other appropriate means; maintaining a state education Substitute House Bill No. 6882
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resource center library; publication of technical materials; research and
evaluation; writing, managing, administering and coordinating grants
for the purposes described in this subsection; and any other related
activities directly related to the purposes described in this subsection.
The center shall support local educational agencies serving the needs of
families, communities and service providers. The center shall support
programs and activities concerning early childhood education, in
collaboration with the Office of Early Childhood, improving school and
district academic performance, and closing opportunity gaps between
socio-economic subgroups, and other related programs and activities.
The center shall support and collaborate with other state agencies for
the purposes described in this subsection. For such purposes the center
is authorized and empowered to:
(1) Have perpetual succession as a body politic and corporate and to
adopt bylaws for the regulation of its affairs and the conduct of its
business;
(2) Adopt an official seal and alter the same at pleasure;
(3) Maintain an office at such place or places as it may designate;
(4) Sue and be sued in its own name and plead and be impleaded;
(5) (A) Employ such assistants, agents and other employees as may
be necessary or desirable who shall not be employees, as defined in
subsection (b) of section 5-270; (B) establish all necessary or appropriate
personnel practices and policies, including those relating to hiring,
promotion, compensation, retirement and collective bargaining, which
need not be in accordance with chapter 68, and the center shall not be
an employer as defined in subsection (a) of section 5-270; and (C) engage
consultants, attorneys and appraisers as may be necessary or desirable
to carry out its purposes in accordance with this section and sections 10-
357a, 10-357c and 10-357d; Substitute House Bill No. 6882
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(6) Receive and accept aid or contributions from any source of money,
property, labor or other things of value, to be held, used and applied to
carry out the purposes of this section and sections 10-357a, 10-357c and
10-357d, subject to such conditions upon which such grants and
contributions may be made, including, but not limited to, gifts or grants
from any department, agency or instrumentality of the United States or
this state for any purpose consistent with this section and sections 10-
357a, 10-357c and 10-357d;
(7) Make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this section and sections 10-357a, 10-357c and 10-357d,
including contracts and agreements for such professional services as the
center deems necessary, including, but not limited to, those services
provided by financial consultants, underwriters and technical
specialists;
(8) Acquire, lease, purchase, own, manage, hold and dispose of
personal property, and lease, convey or deal in or enter into agreements
with respect to such property on any terms necessary or incidental to
the carrying out of these purposes;
(9) Invest in, acquire, purchase, own, manage, hold and dispose of
real property and convey or deal in or enter into agreements with
respect to such property on any terms necessary or incidental to
carrying out the purposes of this section and sections 10-357a, 10-357c
and 10-357d; [, provided such transactions shall be subject to approval,
review or regulation by any state agency pursuant to title 4b or any other
provision of the general statutes;]
(10) Lease real property on any terms necessary or incidental to
carrying out the purposes of this section and sections 10-357a, 10-357c
and 10-357d; Substitute House Bill No. 6882
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(11) Procure insurance against any liability or loss in connection with
its property and other assets, in such amounts and from such insurers
as it deems desirable and to procure insurance for employees;
(12) Account for and audit funds of the center and funds of any
recipients of funds from the center;
(13) Hold patents, copyrights, trademarks, marketing rights, licenses,
or any other evidences of protection or exclusivity as to any products as
defined in this section and sections 10-357a, 10-357c and 10-357d, issued
under the laws of the United States or any state or any nation;
(14) Establish advisory committees to assist in accomplishing its
duties under this section and sections 10-357a, 10-357c and 10-357d,
which may include one or more members of the board of directors and
persons other than members; and
(15) Do all acts and things necessary or convenient to carry out the
purposes of this section and sections 10-357a, 10-357c and 10-357d, and
the powers expressly granted by this section and sections 10-357a, 10-
357c and 10-357d.
(b) The State Education Resource Center shall establish a Connecticut
School Reform Resource Center either within the State Education
Resource Center or by contract through a regional educational service
center, established pursuant to section 10-66a. The Connecticut School
Reform Resource Center shall operate year-round and shall focus on
serving the needs of all public schools. The Connecticut School Reform
Resource Center shall (1) publish and distribute reports on the most
effective practices for improving student achievement by successful
schools; (2) provide a program of professional development activities
for (A) school leaders, including curriculum coordinators, principals,
superintendents and board of education members, and (B) teachers to
educate students that includes research-based child development and Substitute House Bill No. 6882
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reading instruction tools and practices; (3) provide information on
successful models for evaluating student performance and managing
student data; (4) develop strategies for assisting such students who are
in danger of failing; (5) develop culturally relevant methods for
educating students whose primary language is not English; and (6)
provide other programs and materials to assist in the improvement of
public schools.
(c) The State Education Resource Center shall be subject to [(1) rules,
regulations and restrictions on purchasing, procurement, personal
service agreements and the disposition of assets generally applicable to
Connecticut state agencies, including those contained in titles 4, 4a and
4b and section 4e-19, and (2)] audit by the Auditors of Public Accounts
under chapter 12 and section 2-90.
Sec. 10. Section 10-212k of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
On and after September 1, [2023] 2024, each local and regional board
of education shall provide free menstrual products, as defined in section
18-69e, in women's restrooms, all-gender restrooms and at least one
men's restroom, which restrooms are accessible to students in grades
three to twelve, inclusive, in each school under the jurisdiction of such
boards and in a manner that does not stigmatize any student seeking
such products, pursuant to guidelines established by the Commissioner
of Public Health under section 19a-131l. To carry out the provisions of
this section, the local and regional boards of education may (1) accept
donations of menstrual products and grants from any source for the
purpose of purchasing such products, and (2) partner with a nonprofit
or community-based organization.
Sec. 11. Subsection (a) of section 10-211a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 6882
Public Act No. 23-160 13 of 75
(a) As used in this section and section 10-211b, "designated staff
member" means a teacher, school administrator, school counselor,
[school counselor,] psychologist, social worker, nurse, physician or
school paraeducator employed by a local or regional board of education
or working in a public middle school or high school.
Sec. 12. Subdivision (2) of subsection (a) of section 14-111e of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(2) The commissioner shall suspend, for a period of sixty days, the
motor vehicle operator's license or nonresident operating privilege of
any person who has been convicted of a violation of subdivision (1) of
subsection (b) of section 30-89 or subsection (b) [,] or (c) of section 21a-
279a and who was under the age of twenty-one at the time of such
violation.
Sec. 13. Subsection (d) of section 10-265s of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) Not later than December 1, 2023, the Office of Workforce Strategy
shall submit a report to the Governor and the joint standing committees
of the General Assembly having cognizance of matters relating to
education, higher education and employment advancement and labor
and public employees, in accordance with the provisions of section 11-
4a. Such report shall include, but not be limited to, the number of
individuals who have enrolled in a training program offered as part of
the pilot program, the number of individuals who have completed such
training programs, and the number of individuals who have completed
such training program and obtained a permanent job in the heating,
ventilation and air conditioning system sector.
Sec. 14. Subsection (c) of section 8-210 of the general statutes is Substitute House Bill No. 6882
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repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) The Office of Early Childhood, in consultation with
representatives from child care centers, group child care homes and
family child care homes, within available appropriations, shall develop
guidelines for programs provided at state-contracted child care centers,
group child care [home] homes and family child care homes. The
guidelines shall include standards for program quality and design and
identify short and long-term outcomes for families participating in such
programs. The Office of Early Childhood, within available
appropriations, shall provide a copy of such guidelines to each state-
contracted child care center, group child care home and family child
care home. Each state-contracted child care center, group child care
home and family child care home shall use the guidelines to develop a
program improvement plan for the next twelve-month period and shall
submit the plan to the Office of Early Childhood. The plan shall include
goals to be used for measuring such improvement. The Office of Early
Childhood shall use the plan to monitor the progress of such child care
center, group child care home or family child care home.
Sec. 15. Subdivision (5) of subsection (c) of section 10-15j of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(5) Two appointed by the minority leader of the House of
Representatives, one of whom is a representative of the Connecticut
Association of Schools and one of whom is a representative of the
Connecticut Association of Latino Administrators and Superintendents;
Sec. 16. Subsection (e) of section 10-15j of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage): Substitute House Bill No. 6882
Public Act No. 23-160 15 of 75
(e) The Commissioner of Education, or the commissioner's designee,
shall serve as the [chairpersons] chairperson of the commission.
Sec. 17. Section 10-16 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Each school district shall provide in each school year no less than one
hundred [and] eighty days of actual school sessions for grades
kindergarten to twelve, inclusive, nine hundred hours of actual school
work for full-day kindergarten and grades one to twelve, inclusive, and
four hundred [and] fifty hours of half-day kindergarten, provided
school districts shall not count more than seven hours of actual school
work in any school day towards the total required for the school year.
Remote learning shall be considered an actual school session for
purposes of this section, provided such remote learning is conducted in
compliance with the standards developed pursuant to subsection (b) of
section 10-4w. If weather conditions result in an early dismissal or a
delayed opening of school, a school district which maintains separate
morning and afternoon half-day kindergarten sessions may provide
either a morning or afternoon half-day kindergarten session on such
day. As used in this section, "remote learning" means instruction by
means of one or more Internet-based software platforms as part of a
remote learning model.
Sec. 18. Subsection (a) of section 10-16b of the general statutes, as
amended by section 376 of public act 21-2 of the June special session and
section 263 of public act 22-118, is repealed and the following is
substituted in lieu thereof (Effective July 1, 2023):
(a) In the public schools the program of instruction offered shall
include at least the following subject matter, as taught by legally
qualified teachers, the arts; career education; consumer education;
health and safety, including, but not limited to, human growth and
development, nutrition, first aid, including cardiopulmonary Substitute House Bill No. 6882
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resuscitation training in accordance with the provisions of section 10-
16qq, disease prevention and cancer awareness, including, but not
limited to, age and developmentally appropriate instruction in
performing self-examinations for the purposes of screening for breast
cancer and testicular cancer, community and consumer health, physical,
mental and emotional health, including youth suicide prevention,
substance abuse prevention, including instruction relating to opioid use
and related disorders, safety, which shall include the safe use of social
media, as defined in section 9-601, and may include the dangers of gang
membership, and accident prevention; language arts, including reading,
writing, grammar, speaking and spelling; mathematics; physical
education; science, which shall include the climate change curriculum
described in subsection (d) of this section; social studies, including, but
not limited to, citizenship, economics, geography, government, history
and Holocaust and genocide education and awareness in accordance
with the provisions of section 10-18f; African-American and black
studies in accordance with the provisions of section 10-16ss; Puerto
Rican and Latino studies in accordance with the provisions of section
10-16ss; Native American studies, in accordance with the provisions of
section 10-16vv; computer programming instruction; and in addition,
on at least the secondary level, one or more world languages; vocational
education; and the black and Latino studies course in accordance with
the provisions of sections 10-16tt and 10-16uu. For purposes of this
subsection, world languages shall include American Sign Language,
provided such subject matter is taught by a qualified instructor under
the supervision of a teacher who holds a certificate issued by the State
Board of Education. For purposes of this subsection, the "arts" means
any form of visual or performing arts, which may include, but not be
limited to, dance, music, art and theatre; and "reading" means
evidenced-based instruction that focuses on competency in oral
language, phonemic awareness, phonics, fluency, vocabulary, rapid
automatic name or letter name fluency and reading comprehension. Substitute House Bill No. 6882
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Sec. 19. Subsection (a) of section 10-16b of the general statutes, as
amended by section 32 of public act 22-80, is repealed and the following
is substituted in lieu thereof (Effective July 1, 2025):
(a) In the public schools the program of instruction offered shall
include at least the following subject matter, as taught by legally
qualified teachers, the arts; career education; consumer education;
health and safety, including, but not limited to, human growth and
development, nutrition, first aid, including cardiopulmonary
resuscitation training in accordance with the provisions of section 10-
16qq, disease prevention and cancer awareness, including, but not
limited to, age and developmentally appropriate instruction in
performing self-examinations for the purposes of screening for breast
cancer and testicular cancer, community and consumer health, physical,
mental and emotional health, including youth suicide prevention,
substance abuse prevention, including instruction relating to opioid use
and related disorders, safety, which shall include the safe use of social
media, as defined in section 9-601, and may include the dangers of gang
membership, and accident prevention; language arts, including reading,
writing, grammar, speaking and spelling; mathematics; physical
education; science, which may include the climate change curriculum
described in subsection (d) of this section; social studies, including, but
not limited to, citizenship, economics, geography, government, history
and Holocaust and genocide education and awareness in accordance
with the provisions of section 10-18f; African-American and black
studies in accordance with the provisions of section 10-16ss; Puerto
Rican and Latino studies in accordance with the provisions of section
10-16ss; Native American studies, in accordance with the provisions of
section 10-16vv; Asian American and Pacific Islander studies, in
accordance with the provisions of section 10-66ww; computer
programming instruction; and in addition, on at least the secondary
level, one or more world languages; vocational education; and the black
and Latino studies course in accordance with the provisions of sections Substitute House Bill No. 6882
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10-16tt and 10-16uu. For purposes of this subsection, world languages
shall include American Sign Language, provided such subject matter is
taught by a qualified instructor under the supervision of a teacher who
holds a certificate issued by the State Board of Education. For purposes
of this subsection, the "arts" means any form of visual or performing
arts, which may include, but not be limited to, dance, music, art and
theatre; and "reading" means evidenced-based instruction that focuses
on competency in oral language, phonemic awareness, phonics, fluency,
vocabulary, rapid automatic name or letter name fluency and reading
comprehension.
Sec. 20. Section 10-204d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Any [person] student who is exempt from the immunization
requirements set forth in section 10-204a on religious grounds shall
continue to be exempt from such requirements on religious grounds if
such student transfers from one public or private school in the state to
another public or private school in the state under the jurisdiction of
either the same or a different local or regional board of education, or
similar body governing a nonpublic school or schools.
Sec. 21. Subsection (b) of section 10-215l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) A local or regional board of education, a regional educational
service center, a cooperative arrangement pursuant to section 10-158a,
child care centers, group child care homes and family child care homes,
as such terms are described in section 19a-77, or any organization or
entity administering or assisting in the development of a farm-to-school
program, may apply, in a form and manner prescribed by the
department, for a grant under this section. Such grant shall be used to
develop or implement a farm-to-school program, which may include (1) Substitute House Bill No. 6882
Public Act No. 23-160 19 of 75
the purchase of equipment, resources or materials, including, but not
limited to, local food products, gardening supplies, field trips to farms,
gleaning on farms and stipends to visiting farmers, (2) the provision of
professional development and skills training for educators, school
nutrition professionals, parents, caregivers, child care providers and
employees and volunteers of organizations administering or assisting in
the development and implementation of farm-to-school programs, and
(3) piloting new purchasing systems and programs.
Sec. 22. Subsection (f) of section 10-215l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(f) Not later than January 1, 2023, and annually thereafter, the
department shall submit a report on the CT Grown for CT Kids Grant
Program to the joint standing committee of the General Assembly
having cognizance of matters relating to education, in accordance with
the provisions of section 11-4a. Such report shall include, but need not
be limited to, an accounting of the funds appropriated and received by
the department for the program, descriptions of each grant awarded
under the program and how such grant was expended by the recipient
[,] and an evaluation of the program and the success of local farm-to-
school programs that have received grant awards under this section.
Sec. 23. Subsection (b) of section 10-221w of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Not later than July 1, 2022, each local and regional board of
education shall adopt a policy, or revise an existing policy, concerning
the eligibility criteria for student enrollment in an advanced course or
program. Such policy shall provide for multiple methods by which a
student may satisfy the eligibility criteria for enrollment in an advanced
course or program, including, but not limited to, recommendations Substitute House Bill No. 6882
Public Act No. 23-160 20 of 75
from teachers, administrators, school counselors or other school
personnel. Such eligibility criteria shall not be based exclusively on a
student's prior academic performance and [that] any use of a student's
prior academic performance shall rely on evidence-based indicators of
how a student will perform in an advanced course or program.
Sec. 24. Subdivision (3) of subsection (c) of section 10-222k of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(3) Any parent, [or] guardian or student serving as a member of any
such committee shall not participate in the activities described in
subparagraphs (A) to (C), inclusive, of subdivision (2) of this subsection
or any other activity that may compromise the confidentiality of a
student.
Sec. 25. Section 10-222w of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Not later than January 1, 2022, the Social Emotional Learning and
School Climate Advisory Collaborative, established pursuant to section
10-222q, shall convene a working group to (1) review sections 10-222d
to 10-222p, inclusive, relating to bullying and safe school climate plans,
(2) make recommendations concerning (A) amendments to [said]
sections 10-222d to 10-222p, inclusive, (B) the inclusion of restorative
practices in safe school climate plans, and (C) state-wide adoption of the
National School Climate Standards, and (3) provide technical assistance
and support to local and regional boards of education in adopting and
implementing the Connecticut Model School Climate Policy, policy
number 5131.914. The Social Emotional Learning and School Climate
Advisory Collaborative may consult with or include representatives
from the national Collaborative for Academic, Social, and Emotional
Learning as members of the working group in implementing the
provisions of this section. Substitute House Bill No. 6882
Public Act No. 23-160 21 of 75
Sec. 26. Subsection (c) of section 10-222t of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) The parent or guardian of a student shall receive prior written
notice of any social-emotional learning assessment or mental health and
resiliency screening described in subdivision (2) of subsection (b) of this
section that is to be administered pursuant to subsection (b) of this
section. No student shall complete such assessment or screening unless
such parent or guardian provides permission [that] for such student
[may] to complete such assessment or screening.
Sec. 27. Subsection (b) of section 10-530 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) The comprehensive background checks required pursuant to
subsection (c) of section 19a-80, subsection (c) of section 19a-87b [,] and
subsection (a) of section 17b-749k, shall be conducted at least once every
five years for each child care services provider or staff member in
accordance with the provisions of 45 CFR 98.43, as amended from time
to time.
Sec. 28. Subdivision (4) of section 17a-248 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(4) "Eligible children" means children (A) (i) from birth to thirty-six
months of age, who are not eligible for special education and related
services pursuant to sections 10-76a to 10-76h, inclusive, and (ii) thirty-
six months of age or older, who are receiving early intervention services
and are eligible or being evaluated for participation in preschool
services pursuant to Part B of the Individuals with Disabilities
Education Act, 20 USC 1411 et seq., until such children are enrolled in Substitute House Bill No. 6882
Public Act No. 23-160 22 of 75
such preschool services, and (B) who need early intervention services
because such children are:
[(I)] (i) Experiencing a significant developmental delay as measured
by standardized diagnostic instruments and procedures, including
informed clinical opinion, in one or more of the following areas:
Cognitive development; physical development, including vision or
hearing; communication development; social or emot ional
development; or adaptive skills; or
[(II)] (ii) Diagnosed as having a physical or mental condition that has
a high probability of resulting in developmental delay.
Sec. 29. Subsections (a) and (b) of section 10-264l of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective July 1, 2023):
(a) The Department of Education shall, within available
appropriations, establish a grant program (1) to assist (A) local and
regional boards of education, (B) regional educational service centers,
(C) the Board of Trustees of the Community-Technical Colleges on
behalf of Quinebaug Valley Community College and Three Rivers
Community College, and (D) cooperative arrangements pursuant to
section 10-158a, and (2) in assisting the state in meeting its obligations
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any
related stipulation or order in effect, as determined by the
commissioner, to assist (A) the Board of Trustees of the Community-
Technical Colleges on behalf of a regional community-technical college,
(B) the Board of Trustees of the Connecticut State University System on
behalf of a state university, (C) the Board of Trustees of The University
of Connecticut on behalf of the university, (D) the board of governors
for an independent institution of higher education, as defined in
subsection (a) of section 10a-173, or the equivalent of such a board, on
behalf of the independent institution of higher education, and (E) any Substitute House Bill No. 6882
Public Act No. 23-160 23 of 75
other third-party not-for-profit corporation approved by the
commissioner with the operation of interdistrict magnet school
programs. All interdistrict magnet schools shall be operated in
conformance with the same laws and regulations applicable to public
schools. For the purposes of this section "an interdistrict magnet school
program" means a program which (i) supports racial, ethnic and
economic diversity, (ii) offers a special and high quality curriculum, and
(iii) requires students who are enrolled to attend at least half-time. An
interdistrict magnet school program does not include a regional
agricultural science and technology school, a technical education and
career school or a regional special education center. For the school
[years] year commencing July 1, 2017, [to July 1, 2023, inclusive] and
each school year thereafter, the governing authority for each
interdistrict magnet school program shall (I) restrict the number of
students that may enroll in the school from a participating district to
seventy-five per cent of the total school enrollment, and (II) maintain a
total school enrollment that is in accordance with the reduced-isolation
setting standards for interdistrict magnet school programs, developed
by the Commissioner of Education pursuant to section 10-264r, as
amended by this act.
(b) (1) Applications for interdistrict magnet school program
operating grants awarded pursuant to this section shall be submitted
annually to the Commissioner of Education at such time and in such
manner as the commissioner prescribes, except that on and after July 1,
2009, applications for such operating grants for new interdistrict magnet
schools, other than those that the commissioner determines will assist
the state in meeting its obligations pursuant to the decision in Sheff v.
O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect,
as determined by the commissioner, shall not be accepted until the
commissioner develops a comprehensive state-wide interdistrict
magnet school plan. The commissione r shall submit such
comprehensive state-wide interdistrict magnet school plan on or before Substitute House Bill No. 6882
Public Act No. 23-160 24 of 75
October 1, 2016, to the joint standing committees of the General
Assembly having cognizance of matters relating to education and
appropriations.
(2) In determining whether an application shall be approved and
funds awarded pursuant to this section, the commissioner shall
consider, but such consideration shall not be limited to: (A) Whether the
program offered by the school is likely to increase student achievement;
(B) whether the program is likely to reduce racial, ethnic and economic
isolation; (C) the percentage of the student enrollment in the program
from each participating district; and (D) the proposed operating budget
and the sources of funding for the interdistrict magnet school. For a
magnet school not operated by a local or regional board of education,
the commissioner shall only approve a proposed operating budget that,
on a per pupil basis, does not exceed the maximum allowable threshold
established in accordance with this subdivision. The maximum
allowable threshold shall be an amount equal to one hundred twenty
per cent of the state average of the quotient obtained by dividing net
current expenditures, as defined in section 10-261, by average daily
membership, as defined in said section, for the fiscal year two years
prior to the fiscal year for which the operating grant is requested. The
Department of Education shall establish the maximum allowable
threshold no later than December fifteenth of the fiscal year prior to the
fiscal year for which the operating grant is requested. If requested by an
applicant that is not a local or regional board of education, the
commissioner may approve a proposed operating budget that exceeds
the maximum allowable threshold if the commissioner determines that
there are extraordinary programmatic needs. For the fiscal years ending
June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case
of an interdistrict magnet school that will assist the state in meeting its
obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1
(1996), or any related stipulation or order in effect, as determined by the
commissioner, the commissioner shall also consider whether the school Substitute House Bill No. 6882
Public Act No. 23-160 25 of 75
is meeting the reduced-isolation setting standards for interdistrict
magnet school programs, developed by the commissioner pursuant to
section 10-264r, as amended by this act. If such school has not met such
reduced-isolation setting standards, it shall not be entitled to receive a
grant pursuant to this section unless the commissioner finds that it is
appropriate to award a grant for an additional year or years and
approves a plan to bring such school into compliance with such
reduced-isolation setting standards. If requested by the commissioner,
the applicant shall meet with the commissioner or the commissioner's
designee to discuss the budget and sources of funding.
(3) For the fiscal years ending June 30, 2018, to June 30, [2023] 2025,
inclusive, the commissioner shall not award a grant to an interdistrict
magnet school program that (A) has more than seventy-five per cent of
the total school enrollment from one school district, or (B) does not
maintain a total school enrollment that is in accordance with the
reduced-isolation setting standards for interdistrict magnet school
programs, developed by the Commissioner of Education pursuant to
section 10-264r, as amended by this act, except the commissioner may
award a grant to such school for an additional year or years if the
commissioner finds it is appropriate to do so and approves a plan to
bring such school into compliance with such residency or reduced-
isolation setting standards.
(4) For the fiscal years ending June 30, 2018, to June 30, 2021,
inclusive, if an interdistrict magnet school program does not maintain a
total school enrollment that is in accordance with the reduced-isolation
setting standards for interdistrict magnet school programs, developed
by the commissioner pursuant to section 10-264r, as amended by this
act, for two or more consecutive years, the commissioner may impose a
financial penalty on the operator of such interdistrict magnet school
program, or take any other measure, in consultation with such operator,
as may be appropriate to assist such operator in complying with such Substitute House Bill No. 6882
Public Act No. 23-160 26 of 75
reduced-isolation setting standards.
Sec. 30. Subparagraph (C) of subdivision (3) of subsection (c) of
section 10-264l of the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2023):
(C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019,
inclusive, each interdistrict magnet school operated by a regional
educational service center that began operations for the school year
commencing July 1, 2001, and that for the school year commencing July
1, 2008, enrolled at least fifty-five per cent, but no more than eighty per
cent of the school's students from a single town, shall receive a per pupil
grant (I) for each enrolled student who is a resident of the district that
enrolls at least fifty-five per cent, but no more than eighty per cent of the
school's students, up to an amount equal to the total number of such
enrolled students as of October 1, 2013, using the data of record, in the
amount of eight thousand one hundred eighty dollars, (II) for each
enrolled student who is a resident of the district that enrolls at least fifty-
five per cent, but not more than eighty per cent of the school's students,
in an amount greater than the total number of such enrolled students as
of October 1, 2013, using the data of record, in the amount of three
thousand dollars, (III) for each enrolled student who is not a resident of
the district that enrolls at least fifty-five per cent, but no more than
eighty per cent of the school's students, up to an amount equal to the
total number of such enrolled students as of October 1, 2013, using the
data of record, in the amount of eight thousand one hundred eighty
dollars, and (IV) for each enrolled student who is not a resident of the
district that enrolls at least fifty-five per cent, but not more than eighty
per cent of the school's students, in an amount greater than the total
number of such enrolled students as of October 1, 2013, using the data
of record, in the amount of seven thousand eighty-five dollars.
(ii) For the fiscal [year] years ending June 30, 2020, [and each fiscal
year thereafter] to June 30, 2022, inclusive, each interdistrict magnet Substitute House Bill No. 6882
Public Act No. 23-160 27 of 75
school operated by a regional educational service center that began
operations for the school year commencing July 1, 2001, and that for the
school year commencing July 1, 2008, enrolled at least fifty-five per cent,
but not more than eighty per cent of the school's students from a single
town, shall receive a per pupil grant (I) for each enrolled student who is
a resident of the district that enrolls at least fifty-five per cent, but not
more than eighty per cent of the school's students, up to an amount
equal to the total number of such enrolled students as of October 1, 2013,
using the data of record, in the amount of eight thousand three hundred
forty-four dollars, (II) for each enrolled student who is a resident of the
district that enrolls at least fifty-five per cent, but not more than eighty
per cent of the school's students, in an amount greater than the total
number of such enrolled students as of October 1, 2013, using the data
of record, in the amount of three thousand sixty dollars, (III) for each
enrolled student who is not a resident of the district that enrolls at least
fifty-five per cent, but no more than eighty per cent of the school's
students, up to an amount equal to the total number of such enrolled
students as of October 1, 2013, using the data of record, in the amount
of eight thousand three hundred forty-four dollars, and (IV) for each
enrolled student who is not a resident of the district that enrolls at least
fifty-five per cent, but not more than eighty per cent of the school's
students, in an amount greater than the total number of such enrolled
students as of October 1, 2013, using the data of record, in the amount
of seven thousand two hundred twenty-seven dollars.
Sec. 31. Subsection (o) of section 10-264l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(o) For the school years commencing July 1, 2009, to July 1, 2018,
inclusive, and for the school year commencing July 1, 2023, any local or
regional board of education operating an interdistrict magnet school
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any Substitute House Bill No. 6882
Public Act No. 23-160 28 of 75
related stipulation or order in effect, shall not charge tuition for any
student enrolled in a preschool program or in kindergarten to grade
twelve, inclusive, in an interdistrict magnet school operated by such
school district, except the Hartford school district may charge tuition for
any student enrolled in the Great Path Academy.
Sec. 32. Section 10-264r of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
Not later than July 1, 2017, the Commissioner of Education shall
develop, and revise as necessary thereafter, reduced-isolation [setting]
enrollment standards for interdistrict magnet school programs that shall
serve as the enrollment requirements for purposes of section 10-264l, as
amended by this act. Such standards shall (1) comply with the decision
of Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order
in effect, for an interdistrict magnet school program located in the Sheff
region, as defined in subsection (k) of section 10-264l, as amended by
this act, (2) define the term "reduced-isolation student" for purposes of
the standards, [(2)] (3) establish a requirement for the minimum
percentage of reduced-isolation students that can be enrolled in an
interdistrict magnet school program, provided such minimum
percentage is not less than twenty per cent of the total school enrollment,
[(3)] (4) allow an interdistrict magnet school program to have a total
school enrollment of reduced-isolation students that is not more than
one per cent below the minimum percentage established by the
commissioner, provided the commissioner approves a plan that is
designed to bring the number of reduced-isolation students of such
interdistrict magnet school program into compliance with the minimum
percentage, and [(4)] (5) for the school year commencing July 1, 2018,
authorize the commissioner to establish on or before May 1, 2018, and
revise as necessary thereafter, an alternative reduced-isolation student
enrollment percentage for an interdistrict magnet school program
located in the Sheff region, [as defined in subsection (k) of section 10- Substitute House Bill No. 6882
Public Act No. 23-160 29 of 75
264l,] provided the commissioner (A) determines that such alternative
(i) increases opportunities for students who are residents of Hartford to
access an educational setting with reduced racial isolation or other
categories of diversity, including, but not limited to, geography,
socioeconomic status, special education, English language learners and
academic achievement, (ii) complies with the decision of Sheff v.
O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect,
and (B) approves a plan for such interdistrict magnet school program
that is designed to bring the number of reduced-isolation students of
such interdistrict magnet school program into compliance with such
alternative or the minimum percentage described in subdivision (2) of
this section. Not later than May 1, 2018, the commissioner shall submit
a report on each alternative reduced-isolation student enrollment
percentage established, pursuant to subdivision (4) of this section, for
an interdistrict magnet school program located in the Sheff region to the
joint standing committee of the General Assembly having cognizance of
matters relating to education, in accordance with the provisions of
section 11-4a. The reduced-isolation setting standards for interdistrict
magnet school programs shall not be deemed to be regulations, as
defined in section 4-166.
Sec. 33. Section 10-262s of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) The Commissioner of Education may, to assist the state in meeting
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1
(1996), or any related stipulation or order in effect, as determined by the
Commissioner of Education, transfer funds appropriated for the Sheff
settlement to the following: (1) Grants for interdistrict cooperative
programs pursuant to section 10-74d, (2) grants for state charter schools
pursuant to section 10-66ee, (3) grants for the interdistrict public school
attendance program pursuant to section 10-266aa, (4) grants for
interdistrict magnet schools pursuant to section 10-264l, as amended by Substitute House Bill No. 6882
Public Act No. 23-160 30 of 75
this act, and (5) to the Technical Education and Career System for
programming.
(b) The Commissioner of Education may, to assist the state in meeting
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1
(1996), or any related stipulation or order in effect, as determined by the
Commissioner of Education, award grants with funds appropriated for
the Sheff settlement for academic and social student support programs
for the following voluntary interdistrict programs: (1) Interdistrict
cooperative programs pursuant to section 10-74d, (2) the interdistrict
public school attendance program pursuant to section 10-266aa, (3)
interdistrict magnet school programs pursuant to section 10-264l, as
amended by this act, and (4) the Technical Education and Career
System.
Sec. 34. Section 10-15f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
Interstate Compact on Educational Opportunity for Military
Children.
ARTICLE I
PURPOSE
It is the purpose of this compact to remove barriers to educational
success imposed on children of military families because of frequent
moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military families
and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school districts or
variations in entrance or age requirements.
B. Facilitating the student placement process through which children Substitute House Bill No. 6882
Public Act No. 23-160 31 of 75
of military families are not disadvantaged by variations in attendance
requirements, scheduling, sequencing, grading, course content or
assessment.
C. Facilitating the qualification and eligibility for enrollment,
educational programs, and participation in extracurricular academic,
athletic, and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative
rules implementing the provisions of this compact.
F. Providing for the uniform collection and sharing of information
between and among member states, schools and military families under
this compact.
G. Promoting coordination between this compact and other compacts
affecting military children.
H. Promoting flexibility and cooperation between the educational
system, parents and the student in order to achieve educational success
for the student.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different
construction:
A. "Active duty" means full-time duty status in the active uniformed
service of the United States, including members of the National Guard
and Reserve on active duty orders pursuant to 10 USC [Section]
Chapters 1209 and 1211. Substitute House Bill No. 6882
Public Act No. 23-160 32 of 75
B. "Children of military families" means school-aged children,
enrolled in kindergarten through twelfth grade, in the household of an
active duty member.
C. "Compact commissioner" means the voting representative of each
compacting state appointed pursuant to Article VIII of this compact.
D. "Deployment" means the period one month prior to the service
members' departure from their home station on military orders to six
months after return to their home station.
E. "Educational records" means the official records, files, and data
directly related to a student and maintained by the school or local
education agency, including, but not limited, to records encompassing
all the material kept in the student's cumulative folder such as general
identifying data, records of attendance and of academic work
completed, records of achievement and results of evaluative tests, health
data, disciplinary status, test protocols and individualized education
programs.
F. "Extracurricular activities" means a voluntary activity sponsored
by the school or local education agency or an organization sanctioned
by the local education agency. Extracurricular activities include, but are
not limited to, preparation for and involvement in public performances,
contests, athletic competitions, demonstrations, displays and club
activities.
G. "Interstate Commission on Educational Opportunity for Military
Children" means the commission that is created under Article IX of this
compact, which is generally referred to as the Interstate Commission.
H. "Local education agency" means a public authority legally
constituted by the state as an administrative agency to provide control
of and direction for kindergarten through twelfth grade public
educational institutions. Substitute House Bill No. 6882
Public Act No. 23-160 33 of 75
I. "Member state" means a state that has enacted this compact.
J. "Military installation" means a base, camp, post, station, yard,
center, homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased facility,
which is located within any of the several states, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands and any other
U.S. Territory. Such term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control projects.
K. "Nonmember state" means a state that has not enacted this
compact.
L. "Receiving state" means the state to which a child of a military
family is sent, brought or caused to be sent or brought.
M. "Rule" means a written statement by the Interstate Commission
promulgated pursuant to Article XII of this compact that is of general
applicability, implements, interprets or prescribes a policy or provision
of the compact, or an organizational, procedural or practice requirement
of the Interstate Commission, and has the force and effect of statutory
law in a member state, and includes the amendment, repeal or
suspension of an existing rule.
N. "Sending state" means the state from which a child of a military
family is sent, brought or caused to be sent or brought.
O. "State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Northern Marianas Islands and any other U.S.
territory.
P. "Student" means the child of a military family for whom the local
education agency receives public funding and who is formally enrolled Substitute House Bill No. 6882
Public Act No. 23-160 34 of 75
in kindergarten through twelfth grade.
Q. "Transition" means (1) the formal and physical process of
transferring from school to school, or (2) the period of time in which a
student moves from one school in the sending state to another school in
the receiving state.
R. "Uniformed services" means the Army, Navy, Air Force, Marine
Corps, Coast Guard as well as the Commissioned Corps of the National
Oceanic and Atmospheric Administration, and Public Health Services.
S. "Veteran" means a person who served in the uniformed services
and who was discharged or released therefrom under conditions other
than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise provided in Section B, this compact shall
apply to the children of:
1. Active duty members of the uniformed services as defined in this
compact, including members of the National Guard and Reserve on
active duty orders pursuant to 10 USC [Section] Chapters 1209 and 1211;
2. Members or veterans of the uniformed services who are severely
injured and medically discharged or retired for a period of one year after
medical discharge or retirement; and
3. Members of the uniformed services who die on active duty or as a
result of injuries sustained on active duty for a period of one year after
death.
B. The provisions of this interstate compact shall only apply to local
education agencies as defined in this compact. Substitute House Bill No. 6882
Public Act No. 23-160 35 of 75
C. The provisions of this compact shall not apply to the children of:
1. Inactive members of the National Guard and military reserves;
2. Members of the uniformed services now retired, except as
provided in Section A;
3. Veterans of the uniformed services, except as provided in Section
A of this Article; and
4. Other U.S. Dept. of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of
the uniformed services.
ARTICLE IV
EDUCATIONAL RECORDS & ENROLLMENT
A. In the event that official education records cannot be released to
the parents for the purpose of transfer, the custodian of the records in
the sending state shall prepare and furnish to the parent a complete set
of unofficial educational records containing uniform information as
determined by the Interstate Commission. Upon receipt of the unofficial
education records by a school in the receiving state, the school shall
enroll and appropriately place the student based on the information
provided in the unofficial records pending validation by the official
records, as quickly as possible.
B. Simultaneous with the enrollment and conditional placement of
the student, the school in the receiving state shall request the student's
official education record from the school in the sending state. Upon
receipt of this request, the school in the sending state will process and
furnish the official education records to the school in the receiving state
within ten days or within such time as is reasonably determined under
the rules promulgated by the Interstate Commission. Substitute House Bill No. 6882
Public Act No. 23-160 36 of 75
C. Compacting states shall give thirty days from the date of
enrollment or within such time as is reasonably determined under the
rules promulgated by the Interstate Commission, for students to obtain
any immunizations required by the receiving state. For a series of
immunizations, initial vaccinations must be obtained within thirty days
or within such time as is reasonably determined under the rules
promulgated by the Interstate Commission.
D. Students shall be allowed to continue their enrollment at grade
level in the receiving state commensurate with their grade level,
including kindergarten, from a local education agency in the sending
state at the time of transition, regardless of age. A student that has
satisfactorily completed the prerequisite grade level in the local
education agency in the sending state shall be eligible for enrollment in
the next highest grade level in the receiving state, regardless of age. A
student transferring after the start of the school year in the receiving
state shall enter the school in the receiving state on their validated level
from an accredited school in the sending state.
ARTICLE V
PLACEMENT & ATTENDANCE
A. When the student transfers before or during the school year, the
receiving state school shall initially honor placement of the student in
educational courses based on the student's enrollment in the sending
state school and educational assessments conducted at the school in the
sending state if the courses are offered. Course placement includes, but
is not limited to, honors, International Baccalaureate, advanced
placement, vocational, technical and career pathways courses.
Continuing the student's academic program from the previous school
and promoting placement in academically and career challenging
courses should be paramount when considering placement. This does
not preclude the school in the receiving state from performing Substitute House Bill No. 6882
Public Act No. 23-160 37 of 75
subsequent evaluations to ensure appropriate placement and continued
enrollment of the student in the courses.
B. The receiving state school shall initially honor placement of the
student in educational programs based on current educational
assessments conducted at the school in the sending state or participation
and placement in like programs in the sending state. Such programs
include, but are not limited to: (1) Gifted and talented programs; and (2)
English as a second language. This does not preclude the school in the
receiving state from performing subsequent evaluations to ensure
appropriate placement of the student.
C. (1) In compliance with the federal requirements of the Individuals
with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq., the
receiving state shall initially provide comparable services to a student
with disabilities based on his current individualized education
program; and (2) In compliance with the requirements of Section 504 of
the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the
Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the
receiving state shall make reasonable accommodations and
modifications to address the needs of incoming students with
disabilities, subject to an existing 504 or Title II Plan, to provide the
student with equal access to education. This does not preclude the
school in the receiving state from performing subsequent evaluations to
ensure appropriate placement of the student.
D. Local education agency administrative officials shall have
flexibility in waiving course and program prerequisites, or other
preconditions for placement in courses and programs offered under the
jurisdiction of the local education agency.
E. A student whose parent or legal guardian is an active duty member
of the uniformed services, as defined by the compact, and has been
called to duty for, is on leave from, or immediately returned from Substitute House Bill No. 6882
Public Act No. 23-160 38 of 75
deployment to a combat zone or combat support posting, shall be
granted additional excused absences at the discretion of the local
education agency superintendent to visit with his parent or legal
guardian relative to such leave or deployment of the parent or guardian.
ARTICLE VI
ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship of a child of
a military family and executed under applicable law shall be sufficient
for the purposes of enrollment and all other actions requiring parental
participation and consent.
2. A local education agency shall be prohibited from charging local
tuition to a transitioning military child placed in the care of a
noncustodial parent or other person standing in loco parentis who lives
in a jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of a noncustodial
parent or other person standing in loco parentis who lives in a
jurisdiction other than that of the custodial parent, may continue to
attend the school in which he was enrolled while residing with the
custodial parent.
B. State and local education agencies shall facilitate the opportunity
for transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent they are
otherwise qualified.
ARTICLE VII
GRADUATION Substitute House Bill No. 6882
Public Act No. 23-160 39 of 75
In order to facilitate the on-time graduation of children of military
families states and local education agencies shall incorporate the
following procedures:
A. Local education agency administrative officials shall waive
specific courses required for graduation if similar course work has been
satisfactorily completed in another local education agency or shall
provide reasonable justification for denial. Should a waiver not be
granted to a student who would qualify to graduate from the sending
school, the local education agency shall provide an alternative means of
acquiring required coursework so that graduation may occur on time.
B. States shall accept: (1) Exit or end-of-course exams required for
graduation from the sending state; or (2) national norm-referenced
achievement tests; or (3) alternative testing, in lieu of testing
requirements for graduation in the receiving state. In the event the
above alternatives cannot be accommodated by the receiving state for a
student transferring in his senior year, then the provisions of Article VII,
Section C shall apply.
C. Should a military student transferring at the beginning or during
his or her senior year be ineligible to graduate from the receiving local
education agency after all alternatives have been considered, the
sending and receiving local education agencies shall ensure the receipt
of a diploma from the sending local education agency, if the student
meets the graduation requirements of the sending local education
agency. In the event that one of the states in question is not a member of
this compact, the member state shall use best efforts to facilitate the on-
time graduation of the student in accordance with Sections A and B of
this Article.
ARTICLE VIII
STATE COORDINATION Substitute House Bill No. 6882
Public Act No. 23-160 40 of 75
A. Each member state shall, through the creation of a State Council or
use of an existing body or board, provide for the coordination among its
agencies of government, local education agencies and military
installations concerning the state's participation in, and compliance
with, this compact and Interstate Commission activities. While each
member state may determine the membership of its own State Council,
its membership must include at least: The state superintendent of
education, superintendent of a school district with a high concentration
of military children, representative from a military installation, one
representative each from the legislative and executive branches of
government, and other offices and stakeholder groups the State Council
deems appropriate. A member state that does not have a school district
deemed to contain a high concentration of military children may
appoint a superintendent from another school district to represent local
education agencies on the State Council.
B. The State Council of each member state shall appoint or designate
a military family education liaison to assist military families and the
state in facilitating the implementation of this compact.
C. The compact commissioner responsible for the administration and
management of the state's participation in the compact shall be
appointed by the Governor or as otherwise determined by each member
state.
D. The compact commissioner and the military family education
liaison designated herein shall be ex-officio members of the State
Council, unless either is already a full voting member of the State
Council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN Substitute House Bill No. 6882
Public Act No. 23-160 41 of 75
The member states hereby create the "Interstate Commission on
Educational Opportunity for Military Children". The activities of the
Interstate Commission are the formation of public policy and are a
discretionary state function. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and
shall have all the responsibilities, powers and duties set forth herein,
and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective legislatures of the
member states in accordance with the terms of this compact.
B. Consist of one Interstate Commission voting representative from
each member state who shall be that state's compact commissioner.
1. Each member state represented at a meeting of the Interstate
Commission is entitled to one vote.
2. A majority of the total member states shall constitute a quorum for
the transaction of business, unless a larger quorum is required by the
bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state.
In the event the compact commissioner is unable to attend a meeting of
the Interstate Commission, the Governor or State Council may delegate
voting authority to another person from their state for a specified
meeting.
4. The bylaws may provide for meetings of the Interstate Commission
to be conducted by telecommunication or electronic communication.
C. Consist of ex-officio, nonvoting representatives who are members
of interested organizations. Such ex-officio members, as defined in the
bylaws, may include, but not be limited to, members of the
representative organizations of military family advocates, local
education agency officials, parent and teacher groups, the U.S. Substitute House Bill No. 6882
Public Act No. 23-160 42 of 75
Department of Defense, the Education Commission of the States, the
Interstate Agreement on the Qualification of Educational Personnel and
other interstate compacts affecting the education of children of military
members.
D. Meet at least once each calendar year. The chairperson may call
additional meetings and, upon the request of a simple majority of the
member states, shall call additional meetings.
E. Establish an executive committee, whose members shall include
the officers of the Interstate Commission and such other members of the
Interstate Commission as determined by the bylaws. Members of the
executive committee shall serve a one-year term. Members of the
executive committee shall be entitled to one vote each. The executive
committee shall have the power to act on behalf of the Interstate
Commission, with the exception of rulemaking, during periods when
the Interstate Commission is not in session. The executive committee
shall oversee the day-to-day activities of the administration of the
compact including enforcement and compliance with the provisions of
the compact, its bylaws and rules, and other such duties as deemed
necessary. The U.S. Dept. of Defense, shall serve as an ex-officio,
nonvoting member of the executive committee.
F. Establish bylaws and rules that provide for conditions and
procedures under which the Interstate Commission shall make its
information and official records available to the public for inspection or
copying. The Interstate Commission may exempt from disclosure
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
G. Give public notice of all meetings and all meetings shall be open
to the public, except as set forth in the rules or as otherwise provided in
the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that Substitute House Bill No. 6882
Public Act No. 23-160 43 of 75
an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel
practices and procedures;
2. Disclose matters specifically exempted from disclosure by federal
and state statute;
3. Disclose trade secrets or commercial or financial information which
is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring a
person;
5. Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement
purposes; or
7. Specifically relate to the Interstate Commission's participation in a
civil action or other legal proceeding.
H. Cause its legal counsel or designee to certify that a meeting may
be closed and shall reference each relevant exemptible provision for any
meeting, or portion of a meeting, which is closed pursuant to this
provision. The Interstate Commission shall keep minutes which shall
fully and clearly describe all matters discussed in a meeting and shall
provide a full and accurate summary of actions taken, and the reasons
therefor, including a description of the views expressed and the record
of a roll call vote. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority
vote of the Interstate Commission.
I. Collect standardized data concerning the educational transition of Substitute House Bill No. 6882
Public Act No. 23-160 44 of 75
the children of military families under this compact as directed through
its rules which shall specify the data to be collected, the means of
collection and data exchange and reporting requirements. Such
methods of data collection, exchange and reporting shall, insofar as is
reasonably possible, conform to current technology and coordinate its
information functions with the appropriate custodian of records as
identified in the bylaws and rules.
J. Create a process that permits military officials, education officials
and parents to inform the Interstate Commission if and when there are
alleged violations of the compact or its rules or when issues subject to
the jurisdiction of the compact or its rules are not addressed by the state
or local education agency. This section shall not be construed to create a
private right of action against the Interstate Commission or any member
state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states.
B. To promulgate rules and take all necessary actions to effect the
goals, purposes and obligations as enumerated in this compact. The
rules shall have the force and effect of statutory law and shall be binding
in the compact states to the extent and in the manner provided in this
compact.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its
bylaws, rules and actions.
D. To enforce compliance with the compact provisions, the rules Substitute House Bill No. 6882
Public Act No. 23-160 45 of 75
promulgated by the Interstate Commission, and the bylaws, using all
necessary and proper means, including but not limited to the use of
judicial process.
E. To establish and maintain offices which shall be located within one
or more of the member states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire or contract for services of personnel.
H. To establish and appoint committees including, but not limited to,
an executive committee as required by Article IX, Section E, which shall
have the power to act on behalf of the Interstate Commission in carrying
out its powers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties and
determine their qualifications; and to establish the Interstate
Commission's personnel policies and programs relating to conflicts of
interest, rates of compensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of
it.
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal or
mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and Substitute House Bill No. 6882
Public Act No. 23-160 46 of 75
operation of the Interstate Commission.
O. To report annually to the legislatures, governors, judiciary, and
state councils of the member states concerning the activities of the
Interstate Commission during the preceding year. Such reports shall
also include any recommendations that may have been adopted by the
Interstate Commission.
P. To coordinate education, training and public awareness regarding
the compact, its implementation and operation for officials and parents
involved in such activity.
Q. To establish uniform standards for the reporting, collecting and
exchanging of data.
R. To maintain corporate books and records in accordance with the
bylaws.
S. To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact.
T. To provide for the uniform collection and sharing of information
between and among member states, schools and military families under
this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
A. The Interstate Commission shall, by a majority of the members
present and voting, within twelve months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact,
including, but not limited to: Substitute House Bill No. 6882
Public Act No. 23-160 47 of 75
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee, and such other committees as
may be necessary;
3. Providing for the establishment of committees and for governing
any general or specific delegation of authority or function of the
Interstate Commission;
4. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice
of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff
of the Interstate Commission;
6. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may exist
upon the termination of the compact after the payment and reserving of
all of its debts and obligations;
7. Providing start-up rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members,
elect annually from among its members a chairperson, a vice-
chairperson, and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chairperson or, in the
chairperson's absence or disability, the vice-chairperson, shall preside at
all meetings of the Interstate Commission. The officers so elected shall
serve without compensation or remuneration from the Interstate
Commission provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for ordinary and necessary costs
and expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission. Substitute House Bill No. 6882
Public Act No. 23-160 48 of 75
C. Executive Committee, Officers and Personnel
1. The executive committee shall have such authority and duties as
may be set forth in the bylaws, including, but not limited to:
a. Managing the affairs of the Interstate Commission in a manner
consistent with the bylaws and purposes of the Interstate Commission;
b. Overseeing an organizational structure within, and appropriate
procedures for the Interstate Commission to provide for the creation of
rules, operating procedures, and administrative and technical support
functions; and
c. Planning, implementing, and coordinating communications and
activities with other state, federal and local government organizations
in order to advance the goals of the Interstate Commission.
2. The executive committee may, subject to the approval of the
Interstate Commission, appoint or retain an executive director for such
period, upon such terms and conditions and for such compensation, as
the Interstate Commission may deem appropriate. The executive
director shall serve as secretary to the Interstate Commission, but shall
not be a member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the
Interstate Commission.
D. The Interstate Commission's executive director and its employees
shall be immune from suit and liability, either personally or in their
official capacity, for a claim for damage to or loss of property or personal
injury or other civil liability caused or arising out of or relating to an
actual or alleged act, error, or omission that occurred, or that such
person had a reasonable basis for believing occurred, within the scope
of Interstate Commission employment, duties, or responsibilities
provided, such person shall not be protected from suit or liability for
damage, loss, injury, or liability caused by the intentional or willful and Substitute House Bill No. 6882
Public Act No. 23-160 49 of 75
wanton misconduct of such person.
1. The liability of the Interstate Commission's executive director and
employees or Interstate Commission representatives, acting within the
scope of such person's employment or duties for acts, errors, or
omissions occurring within such person's state may not exceed the
limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is
considered to be an instrumentality of the states for the purposes of any
such action. Nothing in this subsection shall be construed to protect
such person from suit or liability for damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of such
person.
2. The Interstate Commission shall defend the executive director and
its employees and, subject to the approval of the Attorney General or
other appropriate legal counsel of the member state represented by an
Interstate Commission representative, shall defend such Interstate
Commission representative in any civil action seeking to impose
liability arising out of an actual or alleged act, error or omission that
occurred within the scope of Interstate Commission employment, duties
or responsibilities, or that the defendant had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or
the Interstate Commission, the representatives or employees of the
Interstate Commission shall be held harmless in the amount of a
settlement or judgment, including attorney's fees and costs, obtained
against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a Substitute House Bill No. 6882
Public Act No. 23-160 50 of 75
reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional
or willful and wanton misconduct on the part of such persons.
ARTICLE XII
RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION
A. The Interstate Commission shall promulgate reasonable rules in
order to effectively and efficiently achieve the purposes of this compact.
Notwithstanding the foregoing, in the event the Interstate Commission
exercises its rulemaking authority in a manner that is beyond the scope
of the purposes of this compact, or the powers granted hereunder, then
such an action by the Interstate Commission shall be invalid and have
no force or effect.
B. Rules shall be made pursuant to a rulemaking process that
substantially conforms to the "Model State Administrative Procedure
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as
amended, as may be appropriate to the operations of the Interstate
Commission.
C. Not later than thirty days after a rule is promulgated, any person
may file a petition for judicial review of the rule provided, the filing of
such a petition shall not stay or otherwise prevent the rule from
becoming effective unless the court finds that the petitioner has a
substantial likelihood of success. The court shall give deference to the
actions of the Interstate Commission consistent with applicable law and
shall not find the rule to be unlawful if the rule represents a reasonable
exercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting states rejects a
rule by enactment of a statute or resolution in the same manner used to Substitute House Bill No. 6882
Public Act No. 23-160 51 of 75
adopt the compact, then such rule shall have no further force and effect
in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative and judicial branches of state government
in each member state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact's purposes and
intent. The provisions of this compact and the rules promulgated
hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the compact and the rules in
any judicial or administrative proceeding in a member state pertaining
to the subject matter of this compact which may affect the powers,
responsibilities or actions of the Interstate Commission.
3. The Interstate Commission shall be entitled to receive all service of
process in any such proceeding, and shall have standing to intervene in
the proceeding for all purposes. Failure to provide service of process to
the Interstate Commission shall render a judgment or order void as to
the Interstate Commission, this compact or promulgated rules.
B. If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under
this compact, or the bylaws or promulgated rules, the Interstate
Commission shall:
1. Provide written notice to the defaulting state and other member
states of the nature of the default, the means of curing the default and
any action taken by the Interstate Commission. The Interstate
Commission shall specify the conditions by which the defaulting state Substitute House Bill No. 6882
Public Act No. 23-160 52 of 75
must cure its default.
2. Provide remedial training and specific technical assistance
regarding the default.
3. If the defaulting state fails to cure the default, the defaulting state
shall be terminated from the compact upon an affirmative vote of a
majority of the member states and all rights, privileges and benefits
conferred by this compact shall be terminated from the effective date of
termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of the default.
4. Suspension or termination of membership in the compact shall be
imposed only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given by the
Interstate Commission to the Governor, the majority and minority
leaders of the defaulting state's legislature, and each of the member
states.
5. The state which has been suspended or terminated is responsible
for all assessments, obligations and liabilities incurred through the
effective date of suspension or termination including obligations, the
performance of which extends beyond the effective date of suspension
or termination.
6. The Interstate Commission shall not bear any costs relating to any
state that has been found to be in default or which has been suspended
or terminated from the compact, unless otherwise mutually agreed
upon in writing between the Interstate Commission and the defaulting
state.
7. The defaulting state may appeal the action of the Interstate
Commission by petitioning the U.S. District Court for the District of
Columbia or the federal district where the Interstate Commission has its
principal offices. The prevailing party shall be awarded all costs of such Substitute House Bill No. 6882
Public Act No. 23-160 53 of 75
litigation including reasonable attorney's fees.
C. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a
member state, to resolve disputes which are subject to the compact and
which may arise among member states and between member and
nonmember states.
2. The Interstate Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
2. The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the District of
Columbia or, at the discretion of the Interstate Commission, in the
federal district where the Interstate Commission has its principal offices,
to enforce compliance with the provisions of the compact, its
promulgated rules and bylaws, against a member state in default. The
relief sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary the prevailing party shall be
awarded all costs of such litigation including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Interstate Commission. The Interstate Commission may avail itself of
any other remedies available under state law or the regulation of a
profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION Substitute House Bill No. 6882
Public Act No. 23-160 54 of 75
A. The Interstate Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization and
ongoing activities.
B. The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations
and activities of the Interstate Commission and its staff which must be
in a total amount sufficient to cover the Interstate Commission's annual
budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the
Interstate Commission, which shall promulgate a rule binding upon all
member states.
C. The Interstate Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the
Interstate Commission pledge the credit of any of the member states,
except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual
report of the Interstate Commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than ten of the states. The Substitute House Bill No. 6882
Public Act No. 23-160 55 of 75
effective date shall be no earlier than December 1, 2007. Thereafter it
shall become effective and binding as to any other member state upon
enactment of the compact into law by that state. The governors of
nonmember states or their designees shall be invited to participate in
the activities of the Interstate Commission on a nonvoting basis prior to
adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the Interstate Commission and the
member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remain
binding upon each and every member state provided a member state
may withdraw from the compact by specifically repealing the statute,
which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one year after
the effective date of such statute and until written notice of the
withdrawal has been given by the withdrawing state to the Governor of
each other member jurisdiction.
3. The withdrawing state shall immediately notify the chairperson of
the Interstate Commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty days of its receipt Substitute House Bill No. 6882
Public Act No. 23-160 56 of 75
thereof.
4. The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extend
beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur
upon the withdrawing state reenacting the compact or upon such later
date as determined by the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact becomes null
and void and shall be of no further force or effect, and the business and
affairs of the Interstate Commission shall be concluded and surplus
funds shall be distributed in accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to
effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members. Substitute House Bill No. 6882
Public Act No. 23-160 57 of 75
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a
member state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules
and bylaws promulgated by the Interstate Commission, are binding
upon the member states.
2. All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state,
such provision shall be ineffective to the extent of the conflict with the
constitutional provision in question in that member state.
Sec. 35. Subdivision (2) of subsection (a) of section 10-16p of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(2) "Eligible children" means children [three and] from birth to four
years of age, inclusive, and children five years of age who are not
eligible to enroll in school pursuant to section 10-15c, or who are eligible
to enroll in school and will attend a school readiness program pursuant
to section 10-16t;
Sec. 36. Subsections (c) to (l), inclusive, of section 10-16p of the general Substitute House Bill No. 6882
Public Act No. 23-160 58 of 75
statutes are repealed and the following is substituted in lieu thereof
(Effective July 1, 2023):
(c) The commissioner shall establish a grant program to provide
spaces in accredited school readiness programs located in priority
school districts, as described in section 10-266p, or in former priority
school districts for eligible children. The state, acting by and in the
discretion of the Commissioner of Early Childhood, in consultation with
a town or regional school readiness council, may enter into a contract
with a municipality, local or regional board of education, regional
educational service center, family resource center, provider of a child
care center, group child care home or family child care home, as
described in section 19a-77, Head Start program, preschool program or
other program that meets such standards established by the
commissioner, to provide, within available appropriations, state
financial assistance. Eligibility shall be determined for a five-year period
based on an applicant's designation as a priority school district for the
initial year of application, except that if a school district that receives a
grant pursuant to this subsection is no longer designated as a priority
school district at the end of such five-year period, such former priority
school district shall continue to be eligible to receive a grant pursuant to
this subsection. Grant awards shall be made [annually] for the fiscal year
ending June 30, 2023, and biennially thereafter, contingent upon
available funding and a satisfactory annual evaluation. The chief elected
official of such town and the superintendent of schools for such priority
school district or former priority school district shall submit a plan for
the expenditure of grant funds and responses to the local request for
proposal process to the commissioner. The commissioner shall review
and approve such plans. The plan shall: (1) Be developed in consultation
with the local or regional school readiness council established pursuant
to section 10-16r; (2) be based on a needs and resource assessment; (3)
provide for the issuance of requests for proposals for providers of
accredited school readiness programs, provided, after the initial Substitute House Bill No. 6882
Public Act No. 23-160 59 of 75
requests for proposals, facilities that have been approved to operate a
child care program financed through the Connecticut Health and
Education Facilities Authority and have received a commitment for debt
service from the Department of Social Services, pursuant to section 17b-
749i, on or before June 30, 2014, and on or after July 1, 2014, from the
office, are exempt from the requirement for issuance of annual requests
for proposals; and (4) identify the need for funding pursuant to section
17b-749a in order to extend the hours and days of operation of school
readiness programs in order to provide child care services for children
attending such programs.
(d) (1) The commissioner shall establish a competitive grant program
to provide spaces in accredited school readiness programs or school
readiness programs seeking accreditation located in (A) an area served
by a priority school or a former priority school, (B) a town ranked one
to fifty when all towns are ranked in ascending order according to town
wealth, as defined in subdivision (26) of section 10-262f, whose school
district is not a priority school district pursuant to section 10-266p, (C) a
town formerly a town described in subparagraph (B) of this subdivision,
as provided for in subdivision (2) of this subsection, or (D) a town
designated as an alliance district, as defined in section 10-262u, whose
school district is not a priority school district pursuant to section 10-
266p. A town in which a priority school is located, a regional school
readiness council, pursuant to subsection (c) of section 10-16r, for a
region in which such a school is located or a town described in
subparagraph (B) of this subdivision may apply for such a grant in an
amount equal to the number of spaces in an accredited school readiness
program or a school readiness program seeking accreditation multiplied
by the per child cost set forth in subdivision (1) of subsection (b) of
section 10-16q. Eligibility shall be determined for a three-year period
based on an applicant's designation as having a priority school or being
a town described in subparagraph (B) of this subdivision for the initial
year of application. The state, acting by and in the discretion of the Substitute House Bill No. 6882
Public Act No. 23-160 60 of 75
Commissioner of Early Childhood, in consultation with a town or
regional school readiness council, may enter into a contract with a
municipality, local or regional board of education, regional educational
service center, family resource center, provider of a child care center,
group child care home or family child care home, as described in section
19a-77, Head Start program, preschool program or other program that
meets such standards established by the commissioner, to provide,
within available appropriations, state financial assistance. The chief
elected official of such town and the superintendent of schools of the
school district or the regional school readiness council shall submit a
plan, as described in subsection (c) of this section, for the expenditure of
such grant funds to the commissioner. In awarding grants pursuant to
this subsection, the commissioner shall give preference to applications
submitted by regional school readiness councils and may, within
available appropriations, provide a grant to such town or regional
school readiness council that increases the number of spaces for eligible
children who reside in an area or town described in subparagraphs (A)
to (D), inclusive, of this subdivision, in an accredited school readiness
program or a school readiness program seeking accreditation.
(2) (A) Except as provided in subparagraph (C) of this subdivision,
commencing with the fiscal year ending June 30, 2005, if a town received
a grant pursuant to subdivision (1) of this subsection and is no longer
eligible to receive such a grant, the town may receive a phase-out grant
for each of the three fiscal years following the fiscal year such town
received its final grant pursuant to subdivision (1) of this subsection.
(B) The amount of such phase-out grants shall be determined as
follows: (i) For the first fiscal year following the fiscal year such town
received its final grant pursuant to subdivision (1) of this subsection, in
an amount that does not exceed seventy-five per cent of the grant
amount such town received for the town or school's final year of
eligibility pursuant to subdivision (1) of this subsection; (ii) for the Substitute House Bill No. 6882
Public Act No. 23-160 61 of 75
second fiscal year following the fiscal year such town received its final
grant pursuant to subdivision (1) of this subsection, in an amount that
does not exceed fifty per cent of the grant amount such town received
for the town's or school's final year of eligibility pursuant to subdivision
(1) of this subsection; and (iii) for the third fiscal year following the fiscal
year such town received its final grant pursuant to subdivision (1) of
this subsection, in an amount that does not exceed twenty-five per cent
of the grant amount such town received for the town's or school's final
year of eligibility pursuant to subdivision (1) of this subsection.
(C) For the fiscal year ending June 30, 2011, and each fiscal year
thereafter, any town that received a grant pursuant to subparagraph (B)
of subdivision (1) of this subsection for the fiscal year ending June 30,
2010, shall continue to receive a grant under this subsection even if the
town no longer meets the criteria for such grant pursuant to
subparagraph (B) of subdivision (1) of this subsection.
(e) (1) If funds appropriated for the purposes of subsection (c) of this
section are not expended, the commissioner may deposit such
unexpended funds in the account established under section 10-16aa and
use such unexpended funds in accordance with the provisions of section
10-16aa.
(2) For the fiscal year ending June 30, 2015, and each fiscal year
thereafter, if funds appropriated for the purposes of subsection (c) of
this section are not expended, an amount up to one million dollars of
such unexpended funds may be available for the provision of
professional development for early childhood care and education
program providers, and staff employed in such programs, provided
such programs accept state funds for infant, toddler and preschool slots.
Such unexpended funds may be available for use in accordance with the
provisions of this subparagraph for the subsequent fiscal year. The
commissioner may use such unexpended funds on and after July 1, 2015,
to support early childhood education programs accepting state funds in Substitute House Bill No. 6882
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satisfying the staff qualifications requirements of subparagraphs (B) and
(C) of subdivision (2) of subsection (b) of this section. The commissioner
shall use any such funds to provide assistance to individual staff
members, giving priority to those staff members (A) attending an
institution of higher education accredited by the Board of Regents for
Higher Education or the Office of Higher Education, and approved by
the Office of Early Childhood, and regionally accredited, at a maximum
of ten thousand dollars per staff member per year for the cost of higher
education courses leading to a bachelor's degree or, not later than
December 31, 2015, an associate degree, as such degrees are described
in said subparagraphs (B) and (C), or (B) receiving noncredit
competency-based training approved by the office, at a maximum of one
thousand dollars per staff member per year, provided such staff
members have applied for all available federal and state scholarships
and grants, and such assistance does not exceed such staff members'
financial need. Individual staff members shall apply for such
unexpended funds in a manner determined by the commissioner. The
commissioner shall determine how such unexpended funds shall be
distributed.
(3) If funds appropriated for the purposes of subsection (c) of this
section are not expended pursuant to subsection (c) of this section,
deposited pursuant to subdivision (1) of this subsection, or used
pursuant to subdivision (2) of this subsection, the commissioner may
use such unexpended funds to support local school readiness programs.
The commissioner may use such funds for purposes including, but not
limited to, (A) assisting local school readiness programs in meeting and
maintaining accreditation requirements, (B) providing training in
implementing the preschool assessment and curriculum frameworks,
including training to enhance literacy teaching skills, (C) developing a
state-wide preschool curriculum, (D) developing student assessments
for students in grades kindergarten to two, inclusive, (E) developing
and implementing best practices for parents in supporting preschool Substitute House Bill No. 6882
Public Act No. 23-160 63 of 75
and kindergarten student learning, (F) developing and implementing
strategies for children to successfully transition to preschool and from
preschool to kindergarten, including through parental engagement and
whole-family supports that may be utilized through the two -
generational initiative, established pursuant to section 17b-112l, or
through other available resources, (G) providing for professional
development, including assisting in career ladder advancement, for
school readiness staff, (H) providing supplemental grants to other
towns that are eligible for grants pursuant to subsection (c) of this
section, and (I) developing a plan to provide spaces in an accredited
school readiness program or a school readiness program seeking
accreditation to all eligible children who reside in an area or town
described in subparagraphs (A) to (D), inclusive, of subdivision (1) of
subsection (d) of this section.
(f) Any school readiness program that receives funds pursuant to this
section or section 10-16u shall not discriminate on the basis of race, color,
national origin, gender, religion or disability. For purposes of this
section, a nonsectarian program means any public or private school
readiness program that is not violative of the Establishment Clause of
the Constitution of the State of Connecticut or the Establishment Clause
of the Constitution of the United States of America.
(g) Subject to the provisions of this subsection, no funds received by
a town pursuant to subsection (c) or (d) of this section or section 10-16u
shall be used to supplant federal, state or local funding received by such
town for early childhood education, provided a town may use an
amount determined in accordance with this subsection for coordination,
program evaluation and administration. Such amount shall be at least
five per cent of the total grant allocation, but not more than seventy-five
thousand dollars and shall be determined by the commissioner based
on the school readiness grant award allocated to the town pursuant to
subsection (c) or (d) of this section or section 10-16u and the number of Substitute House Bill No. 6882
Public Act No. 23-160 64 of 75
operating sites for coordination, program evaluatio n and
administration. Such amount shall be increased by an amount equal to
local funding provided for early childhood education coordination,
program evaluation and administration, not to exceed twenty-five
thousand dollars. Each town that receives a grant pursuant to
subsection (c) or (d) of this section or section 10-16u shall designate a
person to be responsible for such coordination, program evaluation and
administration and to act as a liaison between the town and the
commissioner. Each school readiness program that receives funds
pursuant to this section or section 10-16u shall provide information to
the commissioner or the school readiness council, as requested, that is
necessary for purposes of any school readiness program evaluation.
(h) Any town receiving a grant pursuant to this section may use such
grant, with the approval of the commissioner, to prepare a facility or
staff for operating a school readiness program and shall be adjusted
based on the number of days of operation of a school readiness program
if a shorter term of operation is approved by the commissioner.
(i) A town may use grant funds to purchase spaces for eligible
children who reside in such town at an accredited school readiness
program located in another town. A regional school readiness council
may use grant funds to purchase spaces for eligible children who reside
in the region covered by the council at an accredited school readiness
program located outside such region.
(j) Children enrolled in school readiness programs funded pursuant
to this section shall not be counted (1) as resident students for purposes
of subdivision (22) of section 10-262f, or (2) in the determination of
average daily membership pursuant to subdivision (2) of subsection (a)
of section 10-261.
(k) (1) Up to two per cent of the amount of the appropriation for this
section may be allocated to the competitive grant program pursuant to Substitute House Bill No. 6882
Public Act No. 23-160 65 of 75
subsection (d) of this section. The determination of the amount of such
allocation shall be made on or before August first.
(2) Up to two per cent of the amount of the appropriation for this
section may be used by the commissioner in a manner consistent with
the provisions of section 10-509.
[(l) For the fiscal year ending June 30, 2020, and each fiscal year
thereafter, any school readiness program that (1) is licensed by the
Office of Early Childhood pursuant to chapter 368a, (2) provides full-
day and year-round child care and education programs for children,
and (3) receives funds pursuant to this section or section 10-16u, shall
use any amount of the per child cost as described in subdivision (1) of
subsection (b) of section 10-16q that is over the amount of eight
thousand nine hundred twenty-seven dollars, exclusively to increase
the salaries of those individuals with direct responsibility for teaching
or caring for children in a classroom at such school readiness program.]
Sec. 37. Subdivision (3) of subsection (a) of section 10-505 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(3) "Eligible children" means children (A) [three and] from birth to
four years of age, inclusive, and children five years of age who are not
eligible to enroll in school pursuant to section 10-15c, or who are eligible
to enroll in school and will attend a school readiness program pursuant
to section 10-16t, and (B) who reside (i) in an area served by a priority
school or a former priority school, as described in subdivision (2) of
subsection (d) of section 10-16p, as amended by this act, (ii) in a town
ranked one to fifty when all towns are ranked in ascending order
according to town wealth, as defined in subdivision (26) of section 10-
262f, whose school district is not a priority school district pursuant to
section 10-266p, (iii) in a town formerly a town described in clause (ii)
of this subparagraph, as provided for in subdivision (2) of subsection Substitute House Bill No. 6882
Public Act No. 23-160 66 of 75
(d) of section 10-16p, as amended by this act, or (iv) in a town designated
as an alliance district, as defined in section 10-262u, whose school
district is not a priority school district pursuant to section 10-266p;
Sec. 38. Subsection (b) of section 8-210 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) The state, acting by and in the discretion of the Commissioner of
Early Childhood, may enter into a contract with a municipality, a group
child care home or family child care home, as described in section 19a-
77, a human resource development agency or a nonprofit corporation
for state financial assistance in developing and operating child care
centers, group child care homes and family child care homes for
children disadvantaged by reasons of economic, social or environmental
conditions, provided no such financial assistance shall be available for
the operating costs of any such child care center, group child care home
or family child care home unless it has been licensed by the
Commissioner of Early Childhood pursuant to section 19a-80. Such
financial assistance shall be available for a program of a municipality, of
a group child care home or family child care home, of a human resource
development agency or of a nonprofit corporation which may provide
for personnel, equipment, supplies, activities, program materials and
renovation and remodeling of the physical facilities of such child care
centers, group child care homes or family child care homes. Such
contract shall provide for state financial assistance, within available
appropriations, in the form of a state grant-in-aid (1) for a portion of the
cost of such program, as determined by the Commissioner of Early
Childhood, if not federally assisted, (2) equal to one-half of the amount
by which the net cost of such program, as approved by the
Commissioner of Early Childhood, exceeds the federal grant-in-aid
thereof, or (3) in an amount not less than (A) the per child cost as
described in subdivision (1) of subsection (b) of section 10-16q, for each Substitute House Bill No. 6882
Public Act No. 23-160 67 of 75
child in such program that is three or four years of age and each child
that is five years of age who is not eligible to enroll in school, pursuant
to section 10-15c, while maintaining services to children under three
years of age under this section, and (B) thirteen thousand five hundred
dollars for each child three years of age or under who is in infant or
toddler care and not in a preschool program. Any such contract entered
into on or after July 1, 2022, shall include a provision that at least sixty
per cent of the children enrolled in such child care center, group child
care home or family child care home are members of families [that] who
are at or below seventy-five per cent of the state median income. [For
the fiscal year ending June 30, 2024, and each fiscal year thereafter, the
amount per child pursuant to subdivision (3) of this subsection that is
over the amount of the per child cost that was prescribed pursuant to
the contract under said subdivision (3) for the fiscal year ending June 30,
2023, shall be used exclusively to increase the salaries of early childhood
educators employed at the child care center.] The Commissioner of
Early Childhood may authorize child care centers, group child care
homes and family child care homes receiving financial assistance under
this subsection to apply a program surplus to the next program year.
The Commissioner of Early Childhood shall consult with directors of
child care centers in establishing fees for the operation of such centers.
For the fiscal year ending June 30, 2023, the Commissioner of Early
Childhood shall, within available appropriations, enter into contracts
under this section for the purpose of expanding the number of spaces
available to children three years of age or under who are in infant or
toddler care and not in a preschool program.
Sec. 39. Subsections (a) and (b) of section 10-506 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2023):
(a) For the fiscal [years] year ending June 30, 2015, [to June 30, 2024,
inclusive] and each fiscal year thereafter, the Office of Early Childhood, Substitute House Bill No. 6882
Public Act No. 23-160 68 of 75
in consultation with the Department of Education, shall design and
administer the Connecticut Smart Start competitive grant program to
provide grants to local and regional boards of education for capital and
operating expenses related to establishing or expanding a preschool
program under the jurisdiction of the board of education for the town.
A local or regional board of education may submit an application to the
office, in accordance with the provisions of subsection (b) of this section,
and may receive (1) a grant for capital expenses in an amount not to
exceed seventy-five thousand dollars per classroom for costs related to
the renovation of an existing public school to accommodate the
establishment or expansion of a preschool program, and (2) an annual
grant for operating expenses (A) in an amount not to exceed five
thousand dollars per child served by such grant, or (B) in an amount not
to exceed seventy-five thousand dollars for each preschool classroom,
provided no town shall receive a total annual grant for operating
expenses greater than three hundred thousand dollars. Each local or
regional board of education that establishes or expands a preschool
program under this section shall be eligible to receive an annual grant
for operating expenses for a period of five years, provided such
preschool program meets standards established by the Commissioner
of Early Childhood. Such local or regional board of education may
submit an application for renewal of such grant to the office.
(b) On and after July 1, 2014, local and regional boards of education,
individually or cooperatively, pursuant to section 10-158a, may apply,
at such time and in such manner as the commissioner prescribes, to the
office for a capital grant and an operating grant for the purposes
described in subsection (a) of this section. To be eligible to receive such
grants under this section, an applicant board of education shall (1)
demonstrate that it has a need for establishing or expanding a preschool
program using information requested by the commissioner on a form
prescribed by the commissioner, such as data collected from the
preschool experience survey, described in section 10-515, (2) submit a Substitute House Bill No. 6882
Public Act No. 23-160 69 of 75
plan for the expenditure of grant funds received under this section that
outlines how such board of education will use such funds to establish
or expand a preschool program, including, but not limited to, the
amount that such board will contribute to the operation of such
preschool program and how such board of education will provide
access to preschool for children who would not otherwise be able to
enroll in a preschool program, and (3) submit a letter of support for
establishing or expanding a preschool program by the local or regional
school readiness council, described in section 10-16r, if any, for the
school district. The commissioner shall give priority to boards of
education (A) that demonstrate the greatest need for the establishment
or expansion of a preschool program, and (B) whose plan allocates at
least sixty per cent of the spaces in such preschool program to children
who are members of families [that] who are at or below seventy-five per
cent of the state median income. [, or fifty per cent of the spaces in such
preschool program to children who are eligible for free and reduced
price lunches.] The commissioner, in reviewing applications submitted
under this subsection, shall also take into consideration (i) whether an
applicant board of education (I) currently offers a full-day kindergarten
program, (II) will be cooperating and coordinating with other
governmental and community programs to provide services during
periods when the preschool program is not in session, or (III) will
collaborate with other boards of education, as part of a cooperative
arrangement pursuant to section 10-158a, to offer a regional preschool
program, and (ii) current community capacity for preschool programs
and current opportunities for preschool for children in the community.
Sec. 40. Subsection (b) of section 10-500 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) The office shall be responsible for:
(1) Delivering services to young children and their families to ensure Substitute House Bill No. 6882
Public Act No. 23-160 70 of 75
optimal health, safety and learning for each young child, including, but
not limited to, coordinating agency efforts and data sharing in the two-
generational initiative established pursuant to section 17b-112l;
(2) Developing and implementing the early childhood information
system, in accordance with the provisions of section 10-501;
(3) Developing and reporting on the early childhood accountability
plan, in accordance with the provisions of section 10-503;
(4) Implementing a communications strategy for outreach to families,
service providers and policymakers;
(5) Beginning a state-wide longitudinal evaluation of the school
readiness program examining the educational progress of children from
prekindergarten programs to grade four, inclusive;
(6) Developing, coordinating and supporting public and private
partnerships to aid early childhood initiatives;
(7) Developing a state-wide developmentally appropriate
kindergarten entrance inventory that measures a child's level of
preparedness for kindergarten, but shall not be used as a measurement
tool for program accountability;
(8) Creating a unified set of reporting requirements for the purpose
of collecting the data elements necessary to perform quality assessments
and longitudinal analysis;
(9) Comparing and analyzing data collected pursuant to reporting
requirements created under subdivision (8) of this subsection with the
data collected in the state-wide public school information system,
pursuant to section 10-10a, for population-level analysis of children and
families;
(10) Continually monitoring and evaluating all early care and Substitute House Bill No. 6882
Public Act No. 23-160 71 of 75
education and child development programs and services, focusing on
program outcomes in satisfying the health, safety, developmental and
educational needs of all children;
(11) Coordinating home visitation services across programs for
young children;
(12) Providing information and technical assistance to persons
seeking early care and education and child development programs and
services;
(13) Assisting state agencies and municipalities in obtaining available
federal funding for early care and education and child development
programs and services;
(14) Providing technical assistance to providers of early care and
education programs and services to obtain licensing and improve
program quality;
(15) Establishing a quality rating and improvement system
developed by the office that covers home-based, center-based and
school-based early child care and learning;
(16) Maintaining an accreditation facilitation initiative to assist early
childhood care and education program and service providers in
achieving national standards and program improvement;
(17) Consulting with the Early Childhood Cabinet, established
pursuant to section 10-16z, and the Head Start advisory committee,
established pursuant to section 10-16n;
(18) Ensuring a coordinated and comprehensive state-wide system of
professional development for providers and staff of early care and
education and child development programs and services;
(19) Providing families with opportunities for choice in services Substitute House Bill No. 6882
Public Act No. 23-160 72 of 75
including quality child care and community-based family-centered
services;
(20) Integrating early childhood care and education and special
education services;
(21) Promoting universal access to early childhood care and
education;
(22) Ensuring nonduplication of monitoring and evaluation;
(23) Performing any other activities that will assist in the provision of
early care and education and child development programs and services;
(24) Developing early learning and development standards to be
used by early care and education providers;
(25) Developing and implementing a performance-based evaluation
system to evaluate licensed child care centers, in accordance with the
provisions of section 17b-749f; [and]
(26) Promoting the delivery of services to infants and toddlers to
ensure optimal health, safety and learning of children from birth to three
years of age; and
(27) Establishing a parent cabinet to advise the office on ways to
strengthen partnership and communication with families, bring
awareness to gaps and barriers to services, increase access to services for
families and help make improvements to the lives of young children and
families in the state.
Sec. 41. Subsection (b) of section 17b-749 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(b) The commissioner shall establish income standards for applicants Substitute House Bill No. 6882
Public Act No. 23-160 73 of 75
and recipients at a level to include a family with gross income up to fifty
per cent of the state-wide median income, except the commissioner (1)
may increase the income level up to the maximum level allowed under
federal law, (2) upon the request of the Commissioner of Children and
Families, may waive the income standards for adoptive families so that
children adopted on or after October 1, 1999, from the Department of
Children and Families are eligible for the child care subsidy program,
and (3) [on and after March 1, 2003, shall reduce the income eligibility
level to up to fifty-five per cent of the state-wide median income for
applicants and recipients who qualify based on their loss of eligibility
for temporary family assistance] shall establish a two-tiered income
eligibility threshold in accordance with 45 CFR 98.21(b), as amended
from time to time. The commissioner may adopt regulations in
accordance with chapter 54 to establish income criteria and durational
requirements for such waiver of income standards.
Sec. 42. Section 7-464b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Subject to the provisions of subsection (b) of this section, and the
provisions of any collective bargaining agreement, a municipality or a
[local or regional board of education] public school operator may join
together with any combination of other municipalities and [local or
regional boards of education] public school operators by written
agreement as a single entity for the purpose of providing medical or
health care benefits for their employees. Such written agreement shall
establish the membership of such group, the duration of such benefits
plan, requirements regarding payment for such benefits plan and the
procedures for a municipality or [local or regional board of education]
public school operator to withdraw from such group and terminate such
benefits plan. Such agreement shall not constitute a multiple employer
welfare arrangement, as defined in Section 3 of the Employee
Retirement Income Security Act of 1974, as amended from time to time. Substitute House Bill No. 6882
Public Act No. 23-160 74 of 75
Any group established pursuant to this section shall not be deemed a
fictitious group. As used in this section, "municipality" means any town,
city or borough, consolidated town and city, consolidated town and
borough or any district, as defined in section 7-324; and "public school
operator" means a local or regional board of education, a regional
educational service center, the governing council of a state or local
charter school, or an operator of an interdistrict magnet school program,
as described in section 10-264l, as amended by this act.
(b) Before a municipality or a [local or regional board of education]
public school operator may enter into an agreement described in
subsection (a) of this section, the legislative body of a municipality shall
approve such an agreement in cases where: (1) There is an existing
arrangement between a municipality and the [board of education]
public school operator serving such municipality for the provision of
medical or health care benefits to the employees of both the municipality
and the [board of education] public school operator serving such
municipality; or (2) a municipality and the [board of education] public
school operator serving such municipality have separate medical or
health care benefits plans for their respective employees and both such
benefits plans are paid for by the general fund of the municipality.
Sec. 43. Section 10-4a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
For purposes of sections 10-4, 10-4b and 10-220, as amended by this
act, and subdivision (1) of subsection (b) of section 10-66dd, as amended
by this act, the educational interests of the state shall include, but not be
limited to, the concern of the state that (1) each child shall have for the
period prescribed in the general statutes equal opportunity to receive a
suitable program of educational experiences; (2) each school district
shall finance at a reasonable level and at least, as appropriate, equal to
the minimum budget requirement pursuant to the provisions of section
10-262j, an educational program designed to achieve this end; (3) in Substitute House Bill No. 6882
Public Act No. 23-160 75 of 75
order to reduce racial, ethnic and economic isolation, each school district
shall provide educational opportunities for its students to interact with
students and teachers from other racial, ethnic, and economic
backgrounds and may provide such opportunities with students from
other communities; and (4) the mandates in the general statutes
pertaining to education within the jurisdiction of the State Board of
Education be implemented.
Sec. 44. Subdivision (1) of subsection (b) of section 10-66dd of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2023):
(b) (1) Subject to the provisions of this subsection and except as may
be waived pursuant to subsection (d) of section 10-66bb, charter schools
shall be subject to all federal and state laws governing public schools,
including the provisions of sections 10-4a, as amended by this act, and
10-4b.
Sec. 45. (NEW) (Effective July 1, 2023) The Commissioner of Education
shall employ at least one curriculum coordinator to provide assistance
and curriculum materials to local and regional boards of education for
the implementation of the courses of study set forth in subsection (d) of
section 10-16b of the general statutes, in accordance with sections 10-
16pp, 10-16qq, 10-16ss to 10-16ww, inclusive, and 10-18f of the general
statutes.