Connecticut Senate Bill SB01028 Introduced / Bill

                       
 
LCO No. 4307  	1 of 42 
 
General Assembly  Raised Bill No. 1028  
January Session, 2023 
LCO No. 4307 
 
 
Referred to Committee on EDUCATION  
 
 
Introduced by:  
(ED)  
 
 
 
 
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE 
DEPARTMENT OF EDUCATION. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsections (a) to (c), inclusive, of section 10-262u of the 1 
general statutes are repealed and the following is substituted in lieu 2 
thereof (Effective July 1, 2023): 3 
(a) As used in this section and section 10-262i: 4 
(1) "Alliance district" means (A) for the fiscal years ending June 30, 5 
2012, to June 30, 2027, inclusive, a school district for a town that [(A)] (i) 6 
is among the towns with the thirty-three lowest accountability index 7 
scores, as calculated by the Department of Education, or [(B)] (ii) was 8 
previously designated as an alliance district by the Commissioner of 9 
Education, [for the fiscal years ending June 30, 2013, to June 30, 2022, 10 
inclusive] and (B) for the fiscal year ending June 30, 2028, and each fiscal 11 
year thereafter, a school district for a town that is among the towns with 12 
the thirty-three lowest accountability index scores, as calculated by the 13 
Department of Education. 14  Raised Bill No.  1028 
 
 
 
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(2) "Accountability index" has the same meaning as provided in 15 
section 10-223e. 16 
(3) "Mastery test data of record" has the same meaning as provided 17 
in section 10-262f. 18 
(4) "Educational reform district" means an alliance district that is 19 
among the ten lowest accountability index scores when all towns are 20 
ranked highest to lowest in accountability index scores. 21 
(b) (1) For the fiscal year ending June 30, 2013, the Commissioner of 22 
Education shall designate thirty school districts as alliance districts. Any 23 
school district designated as an alliance district shall be so designated 24 
for a period of five years. On or before June 30, 2016, the Department of 25 
Education shall determine if there are any additional alliance districts. 26 
(2) For the fiscal year ending June 30, 2018, the commissioner shall 27 
designate thirty-three school districts as alliance districts. Any school 28 
district designated as an alliance district shall be so designated for a 29 
period of five years. 30 
(3) For the fiscal year ending June 30, 2023, the commissioner shall 31 
designate thirty-six school districts as alliance districts. Any school 32 
district designated as an alliance district shall be so designated for a 33 
period of five years. 34 
(4) For the fiscal year ending June 30, 2028, and every five years 35 
thereafter, the commissioner shall designate thirty-three school districts 36 
as alliance districts. Any school district designated as an alliance district 37 
shall be so designated for a period of five years. Any school district that 38 
was previously designated as an alliance district, but is no longer among 39 
the towns with the thirty-three lowest accountability index scores, as 40 
calculated by the Department of Education, shall retain the designation 41 
for the purposes of subdivision (1) of subsection (c) of this section and 42 
section 10-262h, as amended by this act. 43 
(c) (1) For the fiscal year ending June 30, 2023, [and each fiscal year 44  Raised Bill No.  1028 
 
 
 
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thereafter,] the Comptroller shall withhold from any town that (A) was 45 
designated as an alliance district pursuant to subdivision (2) of 46 
subsection (b) of this section any increase in funds received over the 47 
amount the town received for the fiscal year ending June 30, 2012, 48 
pursuant to subsection (a) of section 10-262i, and (B) was designated as 49 
an alliance district for the first time pursuant to subdivision (3) of 50 
subsection (b) of this section, any increase in funds received over the 51 
amount the town received for the fiscal year ending June 30, 2022, 52 
pursuant to subsection (a) of section 10-262i. For the fiscal year ending 53 
June 30, 2024, and each fiscal year thereafter, the Comptroller shall 54 
withhold from any town that was designated as an alliance district 55 
pursuant to subdivisions (2) and (3) of subsection (b) of this section any 56 
increase in funds received over the amount the town received for the 57 
fiscal year ending June 30, 2012, pursuant to subsection (a) of section 10-58 
262i. The Comptroller shall transfer such funds to the Commissioner of 59 
Education. 60 
(2) Upon receipt of an application pursuant to subsection (d) of this 61 
section or section 10-156gg, the Commissioner of Education may pay 62 
such funds to the town designated as an alliance district and such town 63 
shall pay all such funds to the local or regional board of education for 64 
such town on the condition that such funds shall be expended in 65 
accordance with (A) the plan described in subsection (d) of this section, 66 
(B) the minority candidate certification, retention or residency year 67 
program pursuant to section 10-156gg, (C) the provisions of subsection 68 
(c) of section 10-262i, and (D) any guidelines developed by the State 69 
Board of Education for such funds. Such funds shall be used to improve 70 
student achievement and recruit and retain minority teachers in such 71 
alliance district and to offset any other local education costs approved 72 
by the commissioner. 73 
Sec. 2. Subsections (j) to (l), inclusive, of section 10-262h of the general 74 
statutes are repealed and the following is substituted in lieu thereof 75 
(Effective July 1, 2023): 76 
(j) For the fiscal year ending June 30, 2028, each town maintaining 77  Raised Bill No.  1028 
 
 
 
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public schools according to law shall be entitled to an equalization aid 78 
grant as follows: (1) Any town whose fully funded grant is greater than 79 
its equalization aid grant amount for the previous fiscal year shall be 80 
entitled to an equalization aid grant in an amount equal to its fully 81 
funded grant; (2) any town whose fully funded grant is less than its 82 
equalization aid grant amount for the previous fiscal year shall be 83 
entitled to an equalization aid grant in an amount equal to its 84 
equalization aid grant amount for the previous fiscal year minus thirty-85 
three and thirty-three-one-hundredths per cent of its grant adjustment; 86 
and (3) any town designated as an alliance district and any town that 87 
was previously designated as an alliance district pursuant to section 10-88 
262u, as amended by this act, shall be entitled to an equalization aid 89 
grant in an amount that is the greater of (A) the amount described in 90 
either subdivision (1) of this subsection or subdivision (2) of this 91 
subsection, as applicable, (B) its base grant amount, or (C) its 92 
equalization aid grant entitlement for the previous fiscal year. 93 
(k) For the fiscal year ending June 30, 2029, each town maintaining 94 
public schools according to law shall be entitled to an equalization aid 95 
grant as follows: (1) Any town whose fully funded grant is greater than 96 
its equalization aid grant amount for the previous fiscal year shall be 97 
entitled to an equalization aid grant in an amount equal to its fully 98 
funded grant; (2) any town whose fully funded grant is less than its 99 
equalization aid grant amount for the previous fiscal year shall be 100 
entitled to an equalization aid grant in an amount equal to its 101 
equalization aid grant amount for the previous fiscal year minus fifty 102 
per cent of its grant adjustment; and (3) any town designated as an 103 
alliance district and any town that was previously designated as an 104 
alliance district pursuant to section 10-262u, as amended by this act, 105 
shall be entitled to an equalization aid grant in an amount that is the 106 
greater of (A) the amount described in either subdivision (1) of this 107 
subsection or subdivision (2) of this subsection, as applicable, (B) its base 108 
grant amount, or (C) its equalization aid grant entitlement for the 109 
previous fiscal year. 110 
(l) For the fiscal year ending June 30, 2030, and each fiscal year 111  Raised Bill No.  1028 
 
 
 
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thereafter, each town maintaining public schools according to law shall 112 
be entitled to an equalization aid grant in an amount equal to its fully 113 
funded grant, except any town designated as an alliance district and any 114 
town that was previously designated as an alliance district pursuant to 115 
section 10-262u, as amended by this act, shall be entitled to an 116 
equalization aid grant in an amount that is the greater of (1) its fully 117 
funded grant, (2) its base grant amount, or (3) its equalization aid grant 118 
entitlement for the previous fiscal year. 119 
Sec. 3. Section 10-151b of the general statutes is repealed and the 120 
following is substituted in lieu thereof (Effective July 1, 2023): 121 
(a) The superintendent of each local or regional board of education 122 
shall annually evaluate or cause to be evaluated each teacher, and for 123 
the school year commencing July 1, [2013] 2023, and each school year 124 
thereafter, such annual evaluations shall be the teacher evaluation and 125 
support program adopted pursuant to subsection (b) of this section. The 126 
superintendent may conduct additional formative evaluations toward 127 
producing an annual summative evaluation. An evaluation pursuant to 128 
this subsection shall include, but need not be limited to, strengths, areas 129 
needing improvement, strategies for improvement and multiple 130 
indicators of student academic growth. Claims of failure to follow the 131 
established procedures of such teacher evaluation and support program 132 
shall be subject to the grievance procedure in collective bargaining 133 
agreements negotiated subsequent to July 1, 2004. In the event that a 134 
teacher does not receive a summative evaluation during the school year, 135 
such teacher shall receive a "not rated" designation for such school year. 136 
The superintendent shall report (1) the status of teacher evaluations to 137 
the local or regional board of education on or before June first of each 138 
year, and (2) the status of the implementation of the teacher evaluation 139 
and support program, including the frequency of evaluations, aggregate 140 
evaluation ratings, the number of teachers who have not been evaluated 141 
and other requirements as determined by the Department of Education, 142 
to the Commissioner of Education on or before September fifteenth of 143 
each year. For purposes of this section, the term "teacher" shall include 144 
each professional employee of a board of education, below the rank of 145  Raised Bill No.  1028 
 
 
 
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superintendent, who holds a certificate or permit issued by the State 146 
Board of Education. 147 
(b) Except as provided in subsection (d) of this section, not later than 148 
[September 1, 2013] October first of each year, each local and regional 149 
board of education shall adopt and implement a teacher evaluation and 150 
support program that is consistent with the guidelines for a model 151 
teacher evaluation and support program adopted by the State Board of 152 
Education, pursuant to subsection (c) of this section. Such teacher 153 
evaluation and support program shall be developed through mutual 154 
agreement between the local or regional board of education and the 155 
professional development and evaluation committee for the school 156 
district, established pursuant to subsection (b) of section 10-220a. If a 157 
local or regional board of education is unable to develop a teacher 158 
evaluation and support program through mutual agreement with such 159 
professional development and evaluation committee, then such board 160 
of education and such professional development and evaluation 161 
committee shall consider the model teacher evaluation and support 162 
program adopted by the State Board of Education, pursuant to 163 
subsection (c) of this section, and such board of education may adopt, 164 
through mutual agreement with such professional development and 165 
evaluation committee, such model teacher evaluation and support 166 
program. If a local or regional board of education and the professional 167 
development and evaluation committee are unable to mutually agree on 168 
the adoption of such model teacher evaluation and support program, 169 
then such board of education shall adopt and implement a teacher 170 
evaluation and support program developed by such board of education, 171 
provided such teacher evaluation and support program is consistent 172 
with the guidelines adopted by the State Board of Education, pursuant 173 
to subsection (c) of this section. Each local and regional board of 174 
education may commence implementation of the teacher evaluation and 175 
support program adopted pursuant to this subsection in accordance 176 
with a teacher evaluation and support program implementation plan 177 
adopted pursuant to subsection (d) of this section. 178 
(c) (1) On or before July 1, [2012] 2023, the State Board of Education 179  Raised Bill No.  1028 
 
 
 
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shall adopt, in consultation with the Performance Evaluation Advisory 180 
Council established pursuant to section 10-151d, guidelines for a model 181 
teacher evaluation and support program. Such guidelines shall include, 182 
but not be limited to, (A) the use of [four] performance evaluations 183 
designators; [: Exemplary, proficient, developing and below standard;] 184 
(B) the use of multiple indicators of student academic growth and 185 
development in teacher evaluations; (C) methods for assessing student 186 
academic growth and development; (D) a consideration of control 187 
factors tracked by the state-wide public school information system, 188 
pursuant to subsection (c) of section 10-10a, that may influence teacher 189 
performance ratings, including, but not limited to, student 190 
characteristics, student attendance and student mobility; (E) minimum 191 
requirements for teacher evaluation instruments and procedures, 192 
including scoring systems to determine [exemplary, proficient, 193 
developing and below standard] summative ratings; (F) the 194 
development and implementation of periodic training programs 195 
regarding the teacher evaluation and support program to be offered by 196 
the local or regional board of education or regional educational service 197 
center for the school district to teachers who are employed by such local 198 
or regional board of education and whose performance is being 199 
evaluated and to administrators who are employed by such local or 200 
regional board of education and who are conducting performance 201 
evaluations; (G) the provision of professional development services 202 
based on the individual or group of individuals' needs that are 203 
identified through the evaluation process; (H) the creation of individual 204 
teacher improvement and remediation plans for teachers whose 205 
[performance is developing or below standard] summative rating 206 
demonstrates a need for additional support to meet criteria established 207 
for educator practice and performance or student academic growth and 208 
development, designed in consultation with such teacher and his or her 209 
exclusive bargaining representative for certified teachers chosen 210 
pursuant to section 10-153b, and that (i) identify resources, support and 211 
other strategies to be provided by the local or regional board of 212 
education to address documented deficiencies, (ii) indicate a timeline 213 
for implementing such resources, support, and other strategies, in the 214  Raised Bill No.  1028 
 
 
 
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course of the same school year as the plan is issued, and (iii) include 215 
indicators of success including a summative rating of proficient or better 216 
immediately at the conclusion of the improvement and remediation 217 
plan; (I) opportunities for career development and professional growth; 218 
and (J) a validation procedure to audit [evaluation] summative ratings 219 
[of exemplary or below standard] by the department or a third-party 220 
entity approved by the department.  221 
(2) The State Board of Education [shall, following the completion of 222 
the teacher evaluation and support pilot program, pursuant to section 223 
10-151f, and the submission of the study of such pilot program, 224 
pursuant to section 10-151g, review and] may revise, as necessary, the 225 
guidelines for a model teacher evaluation and support program and the 226 
model teacher evaluation and support program adopted under this 227 
subsection. 228 
(d) A local or regional board of education may phase in full 229 
implementation of the teacher evaluation and support program adopted 230 
pursuant to subsection (b) of this section during the school years 231 
commencing July 1, [2013] 2023, and July 1, [2014] 2024, pursuant to a 232 
teacher evaluation and support program implementation plan adopted 233 
by the State Board of Education, in consultation with the Performance 234 
Evaluation Advisory Council, not later than July 1, [2013] 2023. The 235 
Commissioner of Education may, upon request of a local or regional 236 
board of education, waive the provisions of subsection (b) of this section 237 
and the implementation plan provisions of this subsection for [any local 238 
or regional board of education that has expressed an intent, not later 239 
than July 1, 2013,] any such board, provided such board submits an 240 
explanation for why such board would like to adopt [a] an alternate 241 
teacher evaluation program. [for which such board requests a waiver in 242 
accordance with this subsection.] 243 
Sec. 4. Subsections (a) and (b) of section 10-264l of the general statutes 244 
are repealed and the following is substituted in lieu thereof (Effective July 245 
1, 2023): 246  Raised Bill No.  1028 
 
 
 
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(a) The Department of Education shall, within available 247 
appropriations, establish a grant program (1) to assist (A) local and 248 
regional boards of education, (B) regional educational service centers, 249 
(C) the Board of Trustees of the Community-Technical Colleges on 250 
behalf of Quinebaug Valley Community College and Three Rivers 251 
Community College, and (D) cooperative arrangements pursuant to 252 
section 10-158a, and (2) in assisting the state in meeting its obligations 253 
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 254 
related stipulation or order in effect, as determined by the 255 
commissioner, to assist (A) the Board of Trustees of the Community-256 
Technical Colleges on behalf of a regional community-technical college, 257 
(B) the Board of Trustees of the Connecticut State University System on 258 
behalf of a state university, (C) the Board of Trustees of The University 259 
of Connecticut on behalf of the university, (D) the board of governors 260 
for an independent institution of higher education, as defined in 261 
subsection (a) of section 10a-173, or the equivalent of such a board, on 262 
behalf of the independent institution of higher education, and (E) any 263 
other third-party not-for-profit corporation approved by the 264 
commissioner with the operation of interdistrict magnet school 265 
programs. All interdistrict magnet schools shall be operated in 266 
conformance with the same laws and regulations applicable to public 267 
schools. For the purposes of this section "an interdistrict magnet school 268 
program" means a program which (i) supports racial, ethnic and 269 
economic diversity, (ii) offers a special and high quality curriculum, and 270 
(iii) requires students who are enrolled to attend at least half-time. An 271 
interdistrict magnet school program does not include a regional 272 
agricultural science and technology school, a technical education and 273 
career school or a regional special education center. For the school 274 
[years] year commencing July 1, 2017, [to July 1, 2023, inclusive] and 275 
each school year thereafter, the governing authority for each 276 
interdistrict magnet school program shall (I) restrict the number of 277 
students that may enroll in the school from a participating district to 278 
seventy-five per cent of the total school enrollment, and (II) maintain a 279 
total school enrollment that is in accordance with the reduced-isolation 280 
setting standards for interdistrict magnet school programs, developed 281  Raised Bill No.  1028 
 
 
 
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by the Commissioner of Education pursuant to section 10-264r, as 282 
amended by this act. 283 
(b) (1) Applications for interdistrict magnet school program 284 
operating grants awarded pursuant to this section shall be submitted 285 
annually to the Commissioner of Education at such time and in such 286 
manner as the commissioner prescribes, except that on and after July 1, 287 
2009, applications for such operating grants for new interdistrict magnet 288 
schools, other than those that the commissioner determines will assist 289 
the state in meeting its obligations pursuant to the decision in Sheff v. 290 
O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 291 
as determined by the commissioner, shall not be accepted until the 292 
commissioner develops a comprehensive state-wide interdistrict 293 
magnet school plan. The commissioner shall submit such 294 
comprehensive state-wide interdistrict magnet school plan on or before 295 
October 1, 2016, to the joint standing committees of the General 296 
Assembly having cognizance of matters relating to education and 297 
appropriations. 298 
(2) In determining whether an application shall be approved and 299 
funds awarded pursuant to this section, the commissioner shall 300 
consider, but such consideration shall not be limited to: (A) Whether the 301 
program offered by the school is likely to increase student achievement; 302 
(B) whether the program is likely to reduce racial, ethnic and economic 303 
isolation; (C) the percentage of the student enrollment in the program 304 
from each participating district; and (D) the proposed operating budget 305 
and the sources of funding for the interdistrict magnet school. For a 306 
magnet school not operated by a local or regional board of education, 307 
the commissioner shall only approve a proposed operating budget that, 308 
on a per pupil basis, does not exceed the maximum allowable threshold 309 
established in accordance with this subdivision. The maximum 310 
allowable threshold shall be an amount equal to one hundred twenty 311 
per cent of the state average of the quotient obtained by dividing net 312 
current expenditures, as defined in section 10-261, by average daily 313 
membership, as defined in said section, for the fiscal year two years 314 
prior to the fiscal year for which the operating grant is requested. The 315  Raised Bill No.  1028 
 
 
 
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Department of Education shall establish the maximum allowable 316 
threshold no later than December fifteenth of the fiscal year prior to the 317 
fiscal year for which the operating grant is requested. If requested by an 318 
applicant that is not a local or regional board of education, the 319 
commissioner may approve a proposed operating budget that exceeds 320 
the maximum allowable threshold if the commissioner determines that 321 
there are extraordinary programmatic needs. For the fiscal years ending 322 
June 30, 2017, June 30, 2018, June 30, 2020, and June 30, 2021, in the case 323 
of an interdistrict magnet school that will assist the state in meeting its 324 
obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 325 
(1996), or any related stipulation or order in effect, as determined by the 326 
commissioner, the commissioner shall also consider whether the school 327 
is meeting the reduced-isolation setting standards for interdistrict 328 
magnet school programs, developed by the commissioner pursuant to 329 
section 10-264r, as amended by this act. If such school has not met such 330 
reduced-isolation setting standards, it shall not be entitled to receive a 331 
grant pursuant to this section unless the commissioner finds that it is 332 
appropriate to award a grant for an additional year or years and 333 
approves a plan to bring such school into compliance with such 334 
reduced-isolation setting standards. If requested by the commissioner, 335 
the applicant shall meet with the commissioner or the commissioner's 336 
designee to discuss the budget and sources of funding. 337 
(3) For the fiscal [years] year ending June 30, 2018, [to June 30, 2023, 338 
inclusive] and each fiscal year thereafter, the commissioner shall not 339 
award a grant to an interdistrict magnet school program that (A) has 340 
more than seventy-five per cent of the total school enrollment from one 341 
school district, or (B) does not maintain a total school enrollment that is 342 
in accordance with the reduced-isolation setting standards for 343 
interdistrict magnet school programs, developed by the Commissioner 344 
of Education pursuant to section 10-264r, as amended by this act, except 345 
the commissioner may award a grant to such school for an additional 346 
year or years if the commissioner finds it is appropriate to do so and 347 
approves a plan to bring such school into compliance with such 348 
residency or reduced-isolation setting standards. 349  Raised Bill No.  1028 
 
 
 
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(4) For the fiscal years ending June 30, 2018, to June 30, 2021, 350 
inclusive, if an interdistrict magnet school program does not maintain a 351 
total school enrollment that is in accordance with the reduced-isolation 352 
setting standards for interdistrict magnet school programs, developed 353 
by the commissioner pursuant to section 10-264r, as amended by this 354 
act, for two or more consecutive years, the commissioner may impose a 355 
financial penalty on the operator of such interdistrict magnet school 356 
program, or take any other measure, in consultation with such operator, 357 
as may be appropriate to assist such operator in complying with such 358 
reduced-isolation setting standards. 359 
Sec. 5. Subparagraph (C) of subdivision (3) of subsection (c) of section 360 
10-264l of the general statutes is repealed and the following is 361 
substituted in lieu thereof (Effective July 1, 2023): 362 
(C) (i) For the fiscal years ending June 30, 2015, to June 30, 2019, 363 
inclusive, each interdistrict magnet school operated by a regional 364 
educational service center that began operations for the school year 365 
commencing July 1, 2001, and that for the school year commencing July 366 
1, 2008, enrolled at least fifty-five per cent, but no more than eighty per 367 
cent of the school's students from a single town, shall receive a per pupil 368 
grant (I) for each enrolled student who is a resident of the district that 369 
enrolls at least fifty-five per cent, but no more than eighty per cent of the 370 
school's students, up to an amount equal to the total number of such 371 
enrolled students as of October 1, 2013, using the data of record, in the 372 
amount of eight thousand one hundred eighty dollars, (II) for each 373 
enrolled student who is a resident of the district that enrolls at least fifty-374 
five per cent, but not more than eighty per cent of the school's students, 375 
in an amount greater than the total number of such enrolled students as 376 
of October 1, 2013, using the data of record, in the amount of three 377 
thousand dollars, (III) for each enrolled student who is not a resident of 378 
the district that enrolls at least fifty-five per cent, but no more than 379 
eighty per cent of the school's students, up to an amount equal to the 380 
total number of such enrolled students as of October 1, 2013, using the 381 
data of record, in the amount of eight thousand one hundred eighty 382 
dollars, and (IV) for each enrolled student who is not a resident of the 383  Raised Bill No.  1028 
 
 
 
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district that enrolls at least fifty-five per cent, but not more than eighty 384 
per cent of the school's students, in an amount greater than the total 385 
number of such enrolled students as of October 1, 2013, using the data 386 
of record, in the amount of seven thousand eighty-five dollars. 387 
(ii) For the fiscal [year] years ending June 30, 2020, [and each fiscal 388 
year thereafter] to June 30, 2023, each interdistrict magnet school 389 
operated by a regional educational service center that began operations 390 
for the school year commencing July 1, 2001, and that for the school year 391 
commencing July 1, 2008, enrolled at least fifty-five per cent, but not 392 
more than eighty per cent of the school's students from a single town, 393 
shall receive a per pupil grant (I) for each enrolled student who is a 394 
resident of the district that enrolls at least fifty-five per cent, but not 395 
more than eighty per cent of the school's students, up to an amount 396 
equal to the total number of such enrolled students as of October 1, 2013, 397 
using the data of record, in the amount of eight thousand three hundred 398 
forty-four dollars, (II) for each enrolled student who is a resident of the 399 
district that enrolls at least fifty-five per cent, but not more than eighty 400 
per cent of the school's students, in an amount greater than the total 401 
number of such enrolled students as of October 1, 2013, using the data 402 
of record, in the amount of three thousand sixty dollars, (III) for each 403 
enrolled student who is not a resident of the district that enrolls at least 404 
fifty-five per cent, but no more than eighty per cent of the school's 405 
students, up to an amount equal to the total number of such enrolled 406 
students as of October 1, 2013, using the data of record, in the amount 407 
of eight thousand three hundred forty-four dollars, and (IV) for each 408 
enrolled student who is not a resident of the district that enrolls at least 409 
fifty-five per cent, but not more than eighty per cent of the school's 410 
students, in an amount greater than the total number of such enrolled 411 
students as of October 1, 2013, using the data of record, in the amount 412 
of seven thousand two hundred twenty-seven dollars. 413 
Sec. 6. Subsection (o) of section 10-264l of the general statutes is 414 
repealed and the following is substituted in lieu thereof (Effective July 1, 415 
2023): 416  Raised Bill No.  1028 
 
 
 
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(o) For the school years commencing July 1, 2009, to July 1, 2018, 417 
inclusive, and for the school year commencing July 1, 2023, and each 418 
school year thereafter, any local or regional board of education 419 
operating an interdistrict magnet school pursuant to the decision in 420 
Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 421 
in effect, shall not charge tuition for any student enrolled in a preschool 422 
program or in kindergarten to grade twelve, inclusive, in an interdistrict 423 
magnet school operated by such school district, except the Hartford 424 
school district may charge tuition for any student enrolled in the Great 425 
Path Academy. 426 
Sec. 7. Section 10-264r of the general statutes is repealed and the 427 
following is substituted in lieu thereof (Effective July 1, 2023): 428 
Not later than July 1, 2017, the Commissioner of Education shall 429 
develop reduced-isolation [setting] enrollment standards for 430 
interdistrict magnet school programs that shall serve as the enrollment 431 
requirements for purposes of section 10-264l, as amended by this act. 432 
Such standards shall (1) comply with the decision of Sheff v. O'Neill, 238 433 
Conn. 1 (1996), or any related stipulation or order in effect, for an 434 
interdistrict magnet school program located in the Sheff region, (2) 435 
define the term "reduced-isolation student" for purposes of the 436 
standards, [(2)] (3) establish a requirement for the minimum percentage 437 
of reduced-isolation students that can be enrolled in an interdistrict 438 
magnet school program, provided such minimum percentage is not less 439 
than twenty per cent of the total school enrollment, [(3)] (4) allow an 440 
interdistrict magnet school program to have a total school enrollment of 441 
reduced-isolation students that is not more than one per cent below the 442 
minimum percentage established by the commissioner, provided the 443 
commissioner approves a plan that is designed to bring the number of 444 
reduced-isolation students of such interdistrict magnet school program 445 
into compliance with the minimum percentage, and [(4)] (5) for the 446 
school year commencing July 1, 2018, authorize the commissioner to 447 
establish on or before May 1, 2018, and revise as necessary thereafter, an 448 
alternative reduced-isolation student enrollment percentage for an 449 
interdistrict magnet school program located in the Sheff region, as 450  Raised Bill No.  1028 
 
 
 
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defined in subsection (k) of section 10-264l, provided the commissioner 451 
(A) determines that such alternative (i) increases opportunities for 452 
students who are residents of Hartford to access an educational setting 453 
with reduced racial isolation or other categories of diversity, including, 454 
but not limited to, geography, socioeconomic status, special education, 455 
English language learners and academic achievement, (ii) complies with 456 
the decision of Sheff v. O'Neill, 238 Conn. 1 (1996), or any related 457 
stipulation or order in effect, and (B) approves a plan for such 458 
interdistrict magnet school program that is designed to bring the 459 
number of reduced-isolation students of such interdistrict magnet 460 
school program into compliance with such alternative or the minimum 461 
percentage described in subdivision (2) of this section. Not later than 462 
May 1, 2018, the commissioner shall submit a report on each alternative 463 
reduced-isolation student enrollment percentage established, pursuant 464 
to subdivision (4) of this section, for an interdistrict magnet school 465 
program located in the Sheff region to the joint standing committee of 466 
the General Assembly having cognizance of matters relating to 467 
education, in accordance with the provisions of section 11-4a. The 468 
reduced-isolation setting standards for interdistrict magnet school 469 
programs shall not be deemed to be regulations, as defined in section 4-470 
166. 471 
Sec. 8. Section 10-262s of the general statutes is repealed and the 472 
following is substituted in lieu thereof (Effective July 1, 2023): 473 
(a) The Commissioner of Education may, to assist the state in meeting 474 
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 475 
(1996), or any related stipulation or order in effect, as determined by the 476 
Commissioner of Education, transfer funds appropriated for the Sheff 477 
settlement to the following: (1) Grants for interdistrict cooperative 478 
programs pursuant to section 10-74d, (2) grants for state charter schools 479 
pursuant to section 10-66ee, (3) grants for the interdistrict public school 480 
attendance program pursuant to section 10-266aa, (4) grants for 481 
interdistrict magnet schools pursuant to section 10-264l, as amended by 482 
this act, and (5) to the Technical Education and Career System for 483 
programming. 484  Raised Bill No.  1028 
 
 
 
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(b) The Commissioner of Education may, to assist the state in meeting 485 
its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 486 
(1996), or any related stipulation or order in effect, as determined by the 487 
Commissioner of Education, award grants with funds appropriated for 488 
the Sheff settlement for academic and social student support programs 489 
for the following voluntary interdistrict programs: (1) Interdistrict 490 
cooperative programs pursuant to section 10-74d, (2) the interdistrict 491 
public school attendance program pursuant to section 10-266aa, (3) 492 
interdistrict magnet school programs pursuant to section 10-264l, as 493 
amended by this act, and (4) the Technical Education and Career 494 
System. 495 
Sec. 9. Section 10-15f of the general statutes is repealed and the 496 
following is substituted in lieu thereof (Effective July 1, 2023): 497 
Interstate Compact on Educational Opportunity for Military 498 
Children. 499 
ARTICLE I 500 
PURPOSE 501 
It is the purpose of this compact to remove barriers to educational 502 
success imposed on children of military families because of frequent 503 
moves and deployment of their parents by: 504 
A. Facilitating the timely enrollment of children of military families 505 
and ensuring that they are not placed at a disadvantage due to difficulty 506 
in the transfer of education records from the previous school districts or 507 
variations in entrance or age requirements. 508 
B. Facilitating the student placement process through which children 509 
of military families are not disadvantaged by variations in attendance 510 
requirements, scheduling, sequencing, grading, course content or 511 
assessment. 512 
C. Facilitating the qualification and eligibility for enrollment, 513 
educational programs, and participation in extracurricular academic, 514  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	17 of 42 
 
athletic, and social activities. 515 
D. Facilitating the on-time graduation of children of military families. 516 
E. Providing for the promulgation and enforcement of administrative 517 
rules implementing the provisions of this compact. 518 
F. Providing for the uniform collection and sharing of information 519 
between and among member states, schools and military families under 520 
this compact. 521 
G. Promoting coordination between this compact and other compacts 522 
affecting military children. 523 
H. Promoting flexibility and cooperation between the educational 524 
system, parents and the student in order to achieve educational success 525 
for the student. 526 
ARTICLE II 527 
DEFINITIONS 528 
As used in this compact, unless the context clearly requires a different 529 
construction: 530 
A. "Active duty" means full-time duty status in the active uniformed 531 
service of the United States, including members of the National Guard 532 
and Reserve on active duty orders pursuant to 10 USC [Section] 533 
Chapters 1209 and 1211. 534 
B. "Children of military families" means school-aged children, 535 
enrolled in kindergarten through twelfth grade, in the household of an 536 
active duty member. 537 
C. "Compact commissioner" means the voting representative of each 538 
compacting state appointed pursuant to Article VIII of this compact. 539 
D. "Deployment" means the period one month prior to the service 540 
members' departure from their home station on military orders to six 541  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	18 of 42 
 
months after return to their home station. 542 
E. "Educational records" means the official records, files, and data 543 
directly related to a student and maintained by the school or local 544 
education agency, including, but not limited, to records encompassing 545 
all the material kept in the student's cumulative folder such as general 546 
identifying data, records of attendance and of academic work 547 
completed, records of achievement and results of evaluative tests, health 548 
data, disciplinary status, test protocols and individualized education 549 
programs. 550 
F. "Extracurricular activities" means a voluntary activity sponsored 551 
by the school or local education agency or an organization sanctioned 552 
by the local education agency. Extracurricular activities include, but are 553 
not limited to, preparation for and involvement in public performances, 554 
contests, athletic competitions, demonstrations, displays and club 555 
activities. 556 
G. "Interstate Commission on Educational Opportunity for Military 557 
Children" means the commission that is created under Article IX of this 558 
compact, which is generally referred to as the Interstate Commission. 559 
H. "Local education agency" means a public authority legally 560 
constituted by the state as an administrative agency to provide control 561 
of and direction for kindergarten through twelfth grade public 562 
educational institutions. 563 
I. "Member state" means a state that has enacted this compact. 564 
J. "Military installation" means a base, camp, post, station, yard, 565 
center, homeport facility for any ship, or other activity under the 566 
jurisdiction of the Department of Defense, including any leased facility, 567 
which is located within any of the several states, the District of 568 
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, 569 
Guam, American Samoa, the Northern Marianas Islands and any other 570 
U.S. Territory. Such term does not include any facility used primarily 571 
for civil works, rivers and harbors projects, or flood control projects. 572  Raised Bill No.  1028 
 
 
 
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K. "Nonmember state" means a state that has not enacted this 573 
compact. 574 
L. "Receiving state" means the state to which a child of a military 575 
family is sent, brought or caused to be sent or brought. 576 
M. "Rule" means a written statement by the Interstate Commission 577 
promulgated pursuant to Article XII of this compact that is of general 578 
applicability, implements, interprets or prescribes a policy or provision 579 
of the compact, or an organizational, procedural or practice requirement 580 
of the Interstate Commission, and has the force and effect of statutory 581 
law in a member state, and includes the amendment, repeal or 582 
suspension of an existing rule. 583 
N. "Sending state" means the state from which a child of a military 584 
family is sent, brought or caused to be sent or brought. 585 
O. "State" means a state of the United States, the District of Columbia, 586 
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 587 
American Samoa, the Northern Marianas Islands and any other U.S. 588 
territory. 589 
P. "Student" means the child of a military family for whom the local 590 
education agency receives public funding and who is formally enrolled 591 
in kindergarten through twelfth grade. 592 
Q. "Transition" means (1) the formal and physical process of 593 
transferring from school to school, or (2) the period of time in which a 594 
student moves from one school in the sending state to another school in 595 
the receiving state. 596 
R. "Uniformed services" means the Army, Navy, Air Force, Marine 597 
Corps, Coast Guard as well as the Commissioned Corps of the National 598 
Oceanic and Atmospheric Administration, and Public Health Services. 599 
S. "Veteran" means a person who served in the uniformed services 600 
and who was discharged or released therefrom under conditions other 601 
than dishonorable. 602  Raised Bill No.  1028 
 
 
 
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ARTICLE III 603 
APPLICABILITY 604 
A. Except as otherwise provided in Section B, this compact shall 605 
apply to the children of: 606 
1. Active duty members of the uniformed services as defined in this 607 
compact, including members of the National Guard and Reserve on 608 
active duty orders pursuant to 10 USC [Section] Chapters 1209 and 1211; 609 
2. Members or veterans of the uniformed services who are severely 610 
injured and medically discharged or retired for a period of one year after 611 
medical discharge or retirement; and 612 
3. Members of the uniformed services who die on active duty or as a 613 
result of injuries sustained on active duty for a period of one year after 614 
death. 615 
B. The provisions of this interstate compact shall only apply to local 616 
education agencies as defined in this compact. 617 
C. The provisions of this compact shall not apply to the children of: 618 
1. Inactive members of the National Guard and military reserves; 619 
2. Members of the uniformed services now retired, except as 620 
provided in Section A; 621 
3. Veterans of the uniformed services, except as provided in Section 622 
A of this Article; and 623 
4. Other U.S. Dept. of Defense personnel and other federal agency 624 
civilian and contract employees not defined as active duty members of 625 
the uniformed services. 626 
ARTICLE IV 627 
EDUCATIONAL RECORDS & ENROLLMENT 628  Raised Bill No.  1028 
 
 
 
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A. In the event that official education records cannot be released to 629 
the parents for the purpose of transfer, the custodian of the records in 630 
the sending state shall prepare and furnish to the parent a complete set 631 
of unofficial educational records containing uniform information as 632 
determined by the Interstate Commission. Upon receipt of the unofficial 633 
education records by a school in the receiving state, the school shall 634 
enroll and appropriately place the student based on the information 635 
provided in the unofficial records pending validation by the official 636 
records, as quickly as possible. 637 
B. Simultaneous with the enrollment and conditional placement of 638 
the student, the school in the receiving state shall request the student's 639 
official education record from the school in the sending state. Upon 640 
receipt of this request, the school in the sending state will process and 641 
furnish the official education records to the school in the receiving state 642 
within ten days or within such time as is reasonably determined under 643 
the rules promulgated by the Interstate Commission. 644 
C. Compacting states shall give thirty days from the date of 645 
enrollment or within such time as is reasonably determined under the 646 
rules promulgated by the Interstate Commission, for students to obtain 647 
any immunizations required by the receiving state. For a series of 648 
immunizations, initial vaccinations must be obtained within thirty days 649 
or within such time as is reasonably determined under the rules 650 
promulgated by the Interstate Commission. 651 
D. Students shall be allowed to continue their enrollment at grade 652 
level in the receiving state commensurate with their grade level, 653 
including kindergarten, from a local education agency in the sending 654 
state at the time of transition, regardless of age. A student that has 655 
satisfactorily completed the prerequisite grade level in the local 656 
education agency in the sending state shall be eligible for enrollment in 657 
the next highest grade level in the receiving state, regardless of age. A 658 
student transferring after the start of the school year in the receiving 659 
state shall enter the school in the receiving state on their validated level 660 
from an accredited school in the sending state. 661  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	22 of 42 
 
ARTICLE V 662 
PLACEMENT & ATTENDANCE 663 
A. When the student transfers before or during the school year, the 664 
receiving state school shall initially honor placement of the student in 665 
educational courses based on the student's enrollment in the sending 666 
state school and educational assessments conducted at the school in the 667 
sending state if the courses are offered. Course placement includes, but 668 
is not limited to, honors, International Baccalaureate, advanced 669 
placement, vocational, technical and career pathways courses. 670 
Continuing the student's academic program from the previous school 671 
and promoting placement in academically and career challenging 672 
courses should be paramount when considering placement. This does 673 
not preclude the school in the receiving state from performing 674 
subsequent evaluations to ensure appropriate placement and continued 675 
enrollment of the student in the courses. 676 
B. The receiving state school shall initially honor placement of the 677 
student in educational programs based on current educational 678 
assessments conducted at the school in the sending state or participation 679 
and placement in like programs in the sending state. Such programs 680 
include, but are not limited to: (1) Gifted and talented programs; and (2) 681 
English as a second language. This does not preclude the school in the 682 
receiving state from performing subsequent evaluations to ensure 683 
appropriate placement of the student. 684 
C. (1) In compliance with the federal requirements of the Individuals 685 
with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq., the 686 
receiving state shall initially provide comparable services to a student 687 
with disabilities based on his current individualized education 688 
program; and (2) In compliance with the requirements of Section 504 of 689 
the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the 690 
Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the 691 
receiving state shall make reasonable accommodations and 692 
modifications to address the needs of incoming students with 693  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	23 of 42 
 
disabilities, subject to an existing 504 or Title II Plan, to provide the 694 
student with equal access to education. This does not preclude the 695 
school in the receiving state from performing subsequent evaluations to 696 
ensure appropriate placement of the student. 697 
D. Local education agency administrative officials shall have 698 
flexibility in waiving course and program prerequisites, or other 699 
preconditions for placement in courses and programs offered under the 700 
jurisdiction of the local education agency. 701 
E. A student whose parent or legal guardian is an active duty member 702 
of the uniformed services, as defined by the compact, and has been 703 
called to duty for, is on leave from, or immediately returned from 704 
deployment to a combat zone or combat support posting, shall be 705 
granted additional excused absences at the discretion of the local 706 
education agency superintendent to visit with his parent or legal 707 
guardian relative to such leave or deployment of the parent or guardian. 708 
ARTICLE VI 709 
ELIGIBILITY 710 
A. Eligibility for enrollment 711 
1. Special power of attorney, relative to the guardianship of a child of 712 
a military family and executed under applicable law shall be sufficient 713 
for the purposes of enrollment and all other actions requiring parental 714 
participation and consent. 715 
2. A local education agency shall be prohibited from charging local 716 
tuition to a transitioning military child placed in the care of a 717 
noncustodial parent or other person standing in loco parentis who lives 718 
in a jurisdiction other than that of the custodial parent. 719 
3. A transitioning military child, placed in the care of a noncustodial 720 
parent or other person standing in loco parentis who lives in a 721 
jurisdiction other than that of the custodial parent, may continue to 722 
attend the school in which he was enrolled while residing with the 723  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	24 of 42 
 
custodial parent. 724 
B. State and local education agencies shall facilitate the opportunity 725 
for transitioning military children's inclusion in extracurricular 726 
activities, regardless of application deadlines, to the extent they are 727 
otherwise qualified. 728 
ARTICLE VII 729 
GRADUATION 730 
In order to facilitate the on-time graduation of children of military 731 
families states and local education agencies shall incorporate the 732 
following procedures: 733 
A. Local education agency administrative officials shall waive 734 
specific courses required for graduation if similar course work has been 735 
satisfactorily completed in another local education agency or shall 736 
provide reasonable justification for denial. Should a waiver not be 737 
granted to a student who would qualify to graduate from the sending 738 
school, the local education agency shall provide an alternative means of 739 
acquiring required coursework so that graduation may occur on time. 740 
B. States shall accept: (1) Exit or end-of-course exams required for 741 
graduation from the sending state; or (2) national norm-referenced 742 
achievement tests; or (3) alternative testing, in lieu of testing 743 
requirements for graduation in the receiving state. In the event the 744 
above alternatives cannot be accommodated by the receiving state for a 745 
student transferring in his senior year, then the provisions of Article VII, 746 
Section C shall apply. 747 
C. Should a military student transferring at the beginning or during 748 
his or her senior year be ineligible to graduate from the receiving local 749 
education agency after all alternatives have been considered, the 750 
sending and receiving local education agencies shall ensure the receipt 751 
of a diploma from the sending local education agency, if the student 752 
meets the graduation requirements of the sending local education 753  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	25 of 42 
 
agency. In the event that one of the states in question is not a member of 754 
this compact, the member state shall use best efforts to facilitate the on-755 
time graduation of the student in accordance with Sections A and B of 756 
this Article. 757 
ARTICLE VIII 758 
STATE COORDINATION 759 
A. Each member state shall, through the creation of a State Council or 760 
use of an existing body or board, provide for the coordination among its 761 
agencies of government, local education agencies and military 762 
installations concerning the state's participation in, and compliance 763 
with, this compact and Interstate Commission activities. While each 764 
member state may determine the membership of its own State Council, 765 
its membership must include at least: The state superintendent of 766 
education, superintendent of a school district with a high concentration 767 
of military children, representative from a military installation, one 768 
representative each from the legislative and executive branches of 769 
government, and other offices and stakeholder groups the State Council 770 
deems appropriate. A member state that does not have a school district 771 
deemed to contain a high concentration of military children may 772 
appoint a superintendent from another school district to represent local 773 
education agencies on the State Council. 774 
B. The State Council of each member state shall appoint or designate 775 
a military family education liaison to assist military families and the 776 
state in facilitating the implementation of this compact. 777 
C. The compact commissioner responsible for the administration and 778 
management of the state's participation in the compact shall be 779 
appointed by the Governor or as otherwise determined by each member 780 
state. 781 
D. The compact commissioner and the military family education 782 
liaison designated herein shall be ex-officio members of the State 783 
Council, unless either is already a full voting member of the State 784  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	26 of 42 
 
Council. 785 
ARTICLE IX 786 
INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY 787 
 FOR MILITARY CHILDREN 788 
The member states hereby create the "Interstate Commission on 789 
Educational Opportunity for Military Children". The activities of the 790 
Interstate Commission are the formation of public policy and are a 791 
discretionary state function. The Interstate Commission shall: 792 
A. Be a body corporate and joint agency of the member states and 793 
shall have all the responsibilities, powers and duties set forth herein, 794 
and such additional powers as may be conferred upon it by a 795 
subsequent concurrent action of the respective legislatures of the 796 
member states in accordance with the terms of this compact. 797 
B. Consist of one Interstate Commission voting representative from 798 
each member state who shall be that state's compact commissioner. 799 
1. Each member state represented at a meeting of the Interstate 800 
Commission is entitled to one vote. 801 
2. A majority of the total member states shall constitute a quorum for 802 
the transaction of business, unless a larger quorum is required by the 803 
bylaws of the Interstate Commission. 804 
3. A representative shall not delegate a vote to another member state. 805 
In the event the compact commissioner is unable to attend a meeting of 806 
the Interstate Commission, the Governor or State Council may delegate 807 
voting authority to another person from their state for a specified 808 
meeting. 809 
4. The bylaws may provide for meetings of the Interstate Commission 810 
to be conducted by telecommunication or electronic communication. 811 
C. Consist of ex-officio, nonvoting representatives who are members 812  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	27 of 42 
 
of interested organizations. Such ex-officio members, as defined in the 813 
bylaws, may include, but not be limited to, members of the 814 
representative organizations of military family advocates, local 815 
education agency officials, parent and teacher groups, the U.S. 816 
Department of Defense, the Education Commission of the States, the 817 
Interstate Agreement on the Qualification of Educational Personnel and 818 
other interstate compacts affecting the education of children of military 819 
members. 820 
D. Meet at least once each calendar year. The chairperson may call 821 
additional meetings and, upon the request of a simple majority of the 822 
member states, shall call additional meetings. 823 
E. Establish an executive committee, whose members shall include 824 
the officers of the Interstate Commission and such other members of the 825 
Interstate Commission as determined by the bylaws. Members of the 826 
executive committee shall serve a one-year term. Members of the 827 
executive committee shall be entitled to one vote each. The executive 828 
committee shall have the power to act on behalf of the Interstate 829 
Commission, with the exception of rulemaking, during periods when 830 
the Interstate Commission is not in session. The executive committee 831 
shall oversee the day-to-day activities of the administration of the 832 
compact including enforcement and compliance with the provisions of 833 
the compact, its bylaws and rules, and other such duties as deemed 834 
necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, 835 
nonvoting member of the executive committee. 836 
F. Establish bylaws and rules that provide for conditions and 837 
procedures under which the Interstate Commission shall make its 838 
information and official records available to the public for inspection or 839 
copying. The Interstate Commission may exempt from disclosure 840 
information or official records to the extent they would adversely affect 841 
personal privacy rights or proprietary interests. 842 
G. Give public notice of all meetings and all meetings shall be open 843 
to the public, except as set forth in the rules or as otherwise provided in 844  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	28 of 42 
 
the compact. The Interstate Commission and its committees may close a 845 
meeting, or portion thereof, where it determines by two-thirds vote that 846 
an open meeting would be likely to: 847 
1. Relate solely to the Interstate Commission's internal personnel 848 
practices and procedures; 849 
2. Disclose matters specifically exempted from disclosure by federal 850 
and state statute; 851 
3. Disclose trade secrets or commercial or financial information which 852 
is privileged or confidential; 853 
4. Involve accusing a person of a crime, or formally censuring a 854 
person; 855 
5. Disclose information of a personal nature where disclosure would 856 
constitute a clearly unwarranted invasion of personal privacy; 857 
6. Disclose investigative records compiled for law enforcement 858 
purposes; or 859 
7. Specifically relate to the Interstate Commission's participation in a 860 
civil action or other legal proceeding. 861 
H. Cause its legal counsel or designee to certify that a meeting may 862 
be closed and shall reference each relevant exemptible provision for any 863 
meeting, or portion of a meeting, which is closed pursuant to this 864 
provision. The Interstate Commission shall keep minutes which shall 865 
fully and clearly describe all matters discussed in a meeting and shall 866 
provide a full and accurate summary of actions taken, and the reasons 867 
therefor, including a description of the views expressed and the record 868 
of a roll call vote. All documents considered in connection with an action 869 
shall be identified in such minutes. All minutes and documents of a 870 
closed meeting shall remain under seal, subject to release by a majority 871 
vote of the Interstate Commission. 872 
I. Collect standardized data concerning the educational transition of 873  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	29 of 42 
 
the children of military families under this compact as directed through 874 
its rules which shall specify the data to be collected, the means of 875 
collection and data exchange and reporting requirements. Such 876 
methods of data collection, exchange and reporting shall, insofar as is 877 
reasonably possible, conform to current technology and coordinate its 878 
information functions with the appropriate custodian of records as 879 
identified in the bylaws and rules. 880 
J. Create a process that permits military officials, education officials 881 
and parents to inform the Interstate Commission if and when there are 882 
alleged violations of the compact or its rules or when issues subject to 883 
the jurisdiction of the compact or its rules are not addressed by the state 884 
or local education agency. This section shall not be construed to create a 885 
private right of action against the Interstate Commission or any member 886 
state. 887 
ARTICLE X 888 
POWERS AND DUTIES OF THE INTERSTATE COMMISSION 889 
The Interstate Commission shall have the following powers: 890 
A. To provide for dispute resolution among member states. 891 
B. To promulgate rules and take all necessary actions to effect the 892 
goals, purposes and obligations as enumerated in this compact. The 893 
rules shall have the force and effect of statutory law and shall be binding 894 
in the compact states to the extent and in the manner provided in this 895 
compact. 896 
C. To issue, upon request of a member state, advisory opinions 897 
concerning the meaning or interpretation of the interstate compact, its 898 
bylaws, rules and actions. 899 
D. To enforce compliance with the compact provisions, the rules 900 
promulgated by the Interstate Commission, and the bylaws, using all 901 
necessary and proper means, including but not limited to the use of 902 
judicial process. 903  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	30 of 42 
 
E. To establish and maintain offices which shall be located within one 904 
or more of the member states. 905 
F. To purchase and maintain insurance and bonds. 906 
G. To borrow, accept, hire or contract for services of personnel. 907 
H. To establish and appoint committees including, but not limited to, 908 
an executive committee as required by Article IX, Section E, which shall 909 
have the power to act on behalf of the Interstate Commission in carrying 910 
out its powers and duties hereunder. 911 
I. To elect or appoint such officers, attorneys, employees, agents, or 912 
consultants, and to fix their compensation, define their duties and 913 
determine their qualifications; and to establish the Interstate 914 
Commission's personnel policies and programs relating to conflicts of 915 
interest, rates of compensation, and qualifications of personnel. 916 
J. To accept any and all donations and grants of money, equipment, 917 
supplies, materials, and services, and to receive, utilize, and dispose of 918 
it. 919 
K. To lease, purchase, accept contributions or donations of, or 920 
otherwise to own, hold, improve or use any property, real, personal or 921 
mixed. 922 
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or 923 
otherwise dispose of any property, real, personal or mixed. 924 
M. To establish a budget and make expenditures. 925 
N. To adopt a seal and bylaws governing the management and 926 
operation of the Interstate Commission. 927 
O. To report annually to the legislatures, governors, judiciary, and 928 
state councils of the member states concerning the activities of the 929 
Interstate Commission during the preceding year. Such reports shall 930 
also include any recommendations that may have been adopted by the 931  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	31 of 42 
 
Interstate Commission. 932 
P. To coordinate education, training and public awareness regarding 933 
the compact, its implementation and operation for officials and parents 934 
involved in such activity. 935 
Q. To establish uniform standards for the reporting, collecting and 936 
exchanging of data. 937 
R. To maintain corporate books and records in accordance with the 938 
bylaws. 939 
S. To perform such functions as may be necessary or appropriate to 940 
achieve the purposes of this compact. 941 
T. To provide for the uniform collection and sharing of information 942 
between and among member states, schools and military families under 943 
this compact. 944 
ARTICLE XI 945 
ORGANIZATION AND OPERATION OF THE INTERST	ATE 946 
COMMISSION 947 
A. The Interstate Commission shall, by a majority of the members 948 
present and voting, within twelve months after the first Interstate 949 
Commission meeting, adopt bylaws to govern its conduct as may be 950 
necessary or appropriate to carry out the purposes of the compact, 951 
including, but not limited to: 952 
1. Establishing the fiscal year of the Interstate Commission; 953 
2. Establishing an executive committee, and such other committees as 954 
may be necessary; 955 
3. Providing for the establishment of committees and for governing 956 
any general or specific delegation of authority or function of the 957 
Interstate Commission; 958  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	32 of 42 
 
4. Providing reasonable procedures for calling and conducting 959 
meetings of the Interstate Commission, and ensuring reasonable notice 960 
of each such meeting; 961 
5. Establishing the titles and responsibilities of the officers and staff 962 
of the Interstate Commission; 963 
6. Providing a mechanism for concluding the operations of the 964 
Interstate Commission and the return of surplus funds that may exist 965 
upon the termination of the compact after the payment and reserving of 966 
all of its debts and obligations; 967 
7. Providing start-up rules for initial administration of the compact. 968 
B. The Interstate Commission shall, by a majority of the members, 969 
elect annually from among its members a chairperson, a vice-970 
chairperson, and a treasurer, each of whom shall have such authority 971 
and duties as may be specified in the bylaws. The chairperson or, in the 972 
chairperson's absence or disability, the vice-chairperson, shall preside at 973 
all meetings of the Interstate Commission. The officers so elected shall 974 
serve without compensation or remuneration from the Interstate 975 
Commission provided that, subject to the availability of budgeted 976 
funds, the officers shall be reimbursed for ordinary and necessary costs 977 
and expenses incurred by them in the performance of their 978 
responsibilities as officers of the Interstate Commission. 979 
C. Executive Committee, Officers and Personnel 980 
1. The executive committee shall have such authority and duties as 981 
may be set forth in the bylaws, including, but not limited to: 982 
a. Managing the affairs of the Interstate Commission in a manner 983 
consistent with the bylaws and purposes of the Interstate Commission; 984 
b. Overseeing an organizational structure within, and appropriate 985 
procedures for the Interstate Commission to provide for the creation of 986 
rules, operating procedures, and administrative and technical support 987 
functions; and 988  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	33 of 42 
 
c. Planning, implementing, and coordinating communications and 989 
activities with other state, federal and local government organizations 990 
in order to advance the goals of the Interstate Commission. 991 
2. The executive committee may, subject to the approval of the 992 
Interstate Commission, appoint or retain an executive director for such 993 
period, upon such terms and conditions and for such compensation, as 994 
the Interstate Commission may deem appropriate. The executive 995 
director shall serve as secretary to the Interstate Commission, but shall 996 
not be a member of the Interstate Commission. The executive director 997 
shall hire and supervise such other persons as may be authorized by the 998 
Interstate Commission. 999 
D. The Interstate Commission's executive director and its employees 1000 
shall be immune from suit and liability, either personally or in their 1001 
official capacity, for a claim for damage to or loss of property or personal 1002 
injury or other civil liability caused or arising out of or relating to an 1003 
actual or alleged act, error, or omission that occurred, or that such 1004 
person had a reasonable basis for believing occurred, within the scope 1005 
of Interstate Commission employment, duties, or responsibilities 1006 
provided, such person shall not be protected from suit or liability for 1007 
damage, loss, injury, or liability caused by the intentional or willful and 1008 
wanton misconduct of such person. 1009 
1. The liability of the Interstate Commission's executive director and 1010 
employees or Interstate Commission representatives, acting within the 1011 
scope of such person's employment or duties for acts, errors, or 1012 
omissions occurring within such person's state may not exceed the 1013 
limits of liability set forth under the Constitution and laws of that state 1014 
for state officials, employees, and agents. The Interstate Commission is 1015 
considered to be an instrumentality of the states for the purposes of any 1016 
such action. Nothing in this subsection shall be construed to protect 1017 
such person from suit or liability for damage, loss, injury, or liability 1018 
caused by the intentional or willful and wanton misconduct of such 1019 
person. 1020  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	34 of 42 
 
2. The Interstate Commission shall defend the executive director and 1021 
its employees and, subject to the approval of the Attorney General or 1022 
other appropriate legal counsel of the member state represented by an 1023 
Interstate Commission representative, shall defend such Interstate 1024 
Commission representative in any civil action seeking to impose 1025 
liability arising out of an actual or alleged act, error or omission that 1026 
occurred within the scope of Interstate Commission employment, duties 1027 
or responsibilities, or that the defendant had a reasonable basis for 1028 
believing occurred within the scope of Interstate Commission 1029 
employment, duties, or responsibilities, provided that the actual or 1030 
alleged act, error, or omission did not result from intentional or willful 1031 
and wanton misconduct on the part of such person. 1032 
3. To the extent not covered by the state involved, member state, or 1033 
the Interstate Commission, the representatives or employees of the 1034 
Interstate Commission shall be held harmless in the amount of a 1035 
settlement or judgment, including attorney's fees and costs, obtained 1036 
against such persons arising out of an actual or alleged act, error, or 1037 
omission that occurred within the scope of Interstate Commission 1038 
employment, duties, or responsibilities, or that such persons had a 1039 
reasonable basis for believing occurred within the scope of Interstate 1040 
Commission employment, duties, or responsibilities, provided that the 1041 
actual or alleged act, error, or omission did not result from intentional 1042 
or willful and wanton misconduct on the part of such persons. 1043 
ARTICLE XII 1044 
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 1045 
A. The Interstate Commission shall promulgate reasonable rules in 1046 
order to effectively and efficiently achieve the purposes of this compact. 1047 
Notwithstanding the foregoing, in the event the Interstate Commission 1048 
exercises its rulemaking authority in a manner that is beyond the scope 1049 
of the purposes of this compact, or the powers granted hereunder, then 1050 
such an action by the Interstate Commission shall be invalid and have 1051 
no force or effect. 1052  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	35 of 42 
 
B. Rules shall be made pursuant to a rulemaking process that 1053 
substantially conforms to the "Model State Administrative Procedure 1054 
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as 1055 
amended, as may be appropriate to the operations of the Interstate 1056 
Commission. 1057 
C. Not later than thirty days after a rule is promulgated, any person 1058 
may file a petition for judicial review of the rule provided, the filing of 1059 
such a petition shall not stay or otherwise prevent the rule from 1060 
becoming effective unless the court finds that the petitioner has a 1061 
substantial likelihood of success. The court shall give deference to the 1062 
actions of the Interstate Commission consistent with applicable law and 1063 
shall not find the rule to be unlawful if the rule represents a reasonable 1064 
exercise of the Interstate Commission's authority. 1065 
D. If a majority of the legislatures of the compacting states rejects a 1066 
rule by enactment of a statute or resolution in the same manner used to 1067 
adopt the compact, then such rule shall have no further force and effect 1068 
in any compacting state. 1069 
ARTICLE XIII 1070 
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 1071 
A. Oversight 1072 
1. The executive, legislative and judicial branches of state government 1073 
in each member state shall enforce this compact and shall take all actions 1074 
necessary and appropriate to effectuate the compact's purposes and 1075 
intent. The provisions of this compact and the rules promulgated 1076 
hereunder shall have standing as statutory law. 1077 
2. All courts shall take judicial notice of the compact and the rules in 1078 
any judicial or administrative proceeding in a member state pertaining 1079 
to the subject matter of this compact which may affect the powers, 1080 
responsibilities or actions of the Interstate Commission. 1081 
3. The Interstate Commission shall be entitled to receive all service of 1082  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	36 of 42 
 
process in any such proceeding, and shall have standing to intervene in 1083 
the proceeding for all purposes. Failure to provide service of process to 1084 
the Interstate Commission shall render a judgment or order void as to 1085 
the Interstate Commission, this compact or promulgated rules. 1086 
B. If the Interstate Commission determines that a member state has 1087 
defaulted in the performance of its obligations or responsibilities under 1088 
this compact, or the bylaws or promulgated rules, the Interstate 1089 
Commission shall: 1090 
1. Provide written notice to the defaulting state and other member 1091 
states of the nature of the default, the means of curing the default and 1092 
any action taken by the Interstate Commission. The Interstate 1093 
Commission shall specify the conditions by which the defaulting state 1094 
must cure its default. 1095 
2. Provide remedial training and specific technical assistance 1096 
regarding the default. 1097 
3. If the defaulting state fails to cure the default, the defaulting state 1098 
shall be terminated from the compact upon an affirmative vote of a 1099 
majority of the member states and all rights, privileges and benefits 1100 
conferred by this compact shall be terminated from the effective date of 1101 
termination. A cure of the default does not relieve the offending state of 1102 
obligations or liabilities incurred during the period of the default. 1103 
4. Suspension or termination of membership in the compact shall be 1104 
imposed only after all other means of securing compliance have been 1105 
exhausted. Notice of intent to suspend or terminate shall be given by the 1106 
Interstate Commission to the Governor, the majority and minority 1107 
leaders of the defaulting state's legislature, and each of the member 1108 
states. 1109 
5. The state which has been suspended or terminated is responsible 1110 
for all assessments, obligations and liabilities incurred through the 1111 
effective date of suspension or termination including obligations, the 1112 
performance of which extends beyond the effective date of suspension 1113  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	37 of 42 
 
or termination. 1114 
6. The Interstate Commission shall not bear any costs relating to any 1115 
state that has been found to be in default or which has been suspended 1116 
or terminated from the compact, unless otherwise mutually agreed 1117 
upon in writing between the Interstate Commission and the defaulting 1118 
state. 1119 
7. The defaulting state may appeal the action of the Interstate 1120 
Commission by petitioning the U.S. District Court for the District of 1121 
Columbia or the federal district where the Interstate Commission has its 1122 
principal offices. The prevailing party shall be awarded all costs of such 1123 
litigation including reasonable attorney's fees. 1124 
C. Dispute Resolution 1125 
1. The Interstate Commission shall attempt, upon the request of a 1126 
member state, to resolve disputes which are subject to the compact and 1127 
which may arise among member states and between member and 1128 
nonmember states. 1129 
2. The Interstate Commission shall promulgate a rule providing for 1130 
both mediation and binding dispute resolution for disputes as 1131 
appropriate. 1132 
D. Enforcement 1133 
1. The Interstate Commission, in the reasonable exercise of its 1134 
discretion, shall enforce the provisions and rules of this compact. 1135 
2. The Interstate Commission may, by majority vote of the members, 1136 
initiate legal action in the United States District Court for the District of 1137 
Columbia or, at the discretion of the Interstate Commission, in the 1138 
federal district where the Interstate Commission has its principal offices, 1139 
to enforce compliance with the provisions of the compact, its 1140 
promulgated rules and bylaws, against a member state in default. The 1141 
relief sought may include both injunctive relief and damages. In the 1142 
event judicial enforcement is necessary the prevailing party shall be 1143  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	38 of 42 
 
awarded all costs of such litigation including reasonable attorney's fees. 1144 
3. The remedies herein shall not be the exclusive remedies of the 1145 
Interstate Commission. The Interstate Commission may avail itself of 1146 
any other remedies available under state law or the regulation of a 1147 
profession. 1148 
ARTICLE XIV 1149 
FINANCING OF THE INTERSTATE COMMISSION 1150 
A. The Interstate Commission shall pay, or provide for the payment 1151 
of, the reasonable expenses of its establishment, organization and 1152 
ongoing activities. 1153 
B. The Interstate Commission may levy on and collect an annual 1154 
assessment from each member state to cover the cost of the operations 1155 
and activities of the Interstate Commission and its staff which must be 1156 
in a total amount sufficient to cover the Interstate Commission's annual 1157 
budget as approved each year. The aggregate annual assessment 1158 
amount shall be allocated based upon a formula to be determined by the 1159 
Interstate Commission, which shall promulgate a rule binding upon all 1160 
member states. 1161 
C. The Interstate Commission shall not incur obligations of any kind 1162 
prior to securing the funds adequate to meet the same; nor shall the 1163 
Interstate Commission pledge the credit of any of the member states, 1164 
except by and with the authority of the member state. 1165 
D. The Interstate Commission shall keep accurate accounts of all 1166 
receipts and disbursements. The receipts and disbursements of the 1167 
Interstate Commission shall be subject to the audit and accounting 1168 
procedures established under its bylaws. However, all receipts and 1169 
disbursements of funds handled by the Interstate Commission shall be 1170 
audited yearly by a certified or licensed public accountant and the 1171 
report of the audit shall be included in and become part of the annual 1172 
report of the Interstate Commission. 1173  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	39 of 42 
 
ARTICLE XV 1174 
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 1175 
A. Any state is eligible to become a member state. 1176 
B. The compact shall become effective and binding upon legislative 1177 
enactment of the compact into law by no less than ten of the states. The 1178 
effective date shall be no earlier than December 1, 2007. Thereafter it 1179 
shall become effective and binding as to any other member state upon 1180 
enactment of the compact into law by that state. The governors of 1181 
nonmember states or their designees shall be invited to participate in 1182 
the activities of the Interstate Commission on a nonvoting basis prior to 1183 
adoption of the compact by all states. 1184 
C. The Interstate Commission may propose amendments to the 1185 
compact for enactment by the member states. No amendment shall 1186 
become effective and binding upon the Interstate Commission and the 1187 
member states unless and until it is enacted into law by unanimous 1188 
consent of the member states. 1189 
ARTICLE XVI 1190 
WITHDRAWAL AND DISSOLUTION 1191 
A. Withdrawal 1192 
1. Once effective, the compact shall continue in force and remain 1193 
binding upon each and every member state provided a member state 1194 
may withdraw from the compact by specifically repealing the statute, 1195 
which enacted the compact into law. 1196 
2. Withdrawal from this compact shall be by the enactment of a 1197 
statute repealing the same, but shall not take effect until one year after 1198 
the effective date of such statute and until written notice of the 1199 
withdrawal has been given by the withdrawing state to the Governor of 1200 
each other member jurisdiction. 1201  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	40 of 42 
 
3. The withdrawing state shall immediately notify the chairperson of 1202 
the Interstate Commission in writing upon the introduction of 1203 
legislation repealing this compact in the withdrawing state. The 1204 
Interstate Commission shall notify the other member states of the 1205 
withdrawing state's intent to withdraw within sixty days of its receipt 1206 
thereof. 1207 
4. The withdrawing state is responsible for all assessments, 1208 
obligations and liabilities incurred through the effective date of 1209 
withdrawal, including obligations, the performance of which extend 1210 
beyond the effective date of withdrawal. 1211 
5. Reinstatement following withdrawal of a member state shall occur 1212 
upon the withdrawing state reenacting the compact or upon such later 1213 
date as determined by the Interstate Commission. 1214 
B. Dissolution of Compact 1215 
1. This compact shall dissolve effective upon the date of the 1216 
withdrawal or default of the member state which reduces the 1217 
membership in the compact to one member state. 1218 
2. Upon the dissolution of this compact, the compact becomes null 1219 
and void and shall be of no further force or effect, and the business and 1220 
affairs of the Interstate Commission shall be concluded and surplus 1221 
funds shall be distributed in accordance with the bylaws. 1222 
ARTICLE XVII 1223 
SEVERABILITY AND CONSTRUCTION 1224 
A. The provisions of this compact shall be severable, and if any 1225 
phrase, clause, sentence or provision is deemed unenforceable, the 1226 
remaining provisions of the compact shall be enforceable. 1227 
B. The provisions of this compact shall be liberally construed to 1228 
effectuate its purposes. 1229  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	41 of 42 
 
C. Nothing in this compact shall be construed to prohibit the 1230 
applicability of other interstate compacts to which the states are 1231 
members. 1232 
ARTICLE XVIII 1233 
BINDING EFFECT OF COMPACT AND OTHER LAWS 1234 
A. Other Laws 1235 
1. Nothing herein prevents the enforcement of any other law of a 1236 
member state that is not inconsistent with this compact. 1237 
2. All member states' laws conflicting with this compact are 1238 
superseded to the extent of the conflict. 1239 
B. Binding Effect of the Compact 1240 
1. All lawful actions of the Interstate Commission, including all rules 1241 
and bylaws promulgated by the Interstate Commission, are binding 1242 
upon the member states. 1243 
2. All agreements between the Interstate Commission and the 1244 
member states are binding in accordance with their terms. 1245 
3. In the event any provision of this compact exceeds the 1246 
constitutional limits imposed on the legislature of any member state, 1247 
such provision shall be ineffective to the extent of the conflict with the 1248 
constitutional provision in question in that member state. 1249 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2023 10-262u(a) to (c) 
Sec. 2 July 1, 2023 10-262h(j) to (l) 
Sec. 3 July 1, 2023 10-151b 
Sec. 4 July 1, 2023 10-264l(a) and (b) 
Sec. 5 July 1, 2023 10-264l(c)(3)(C) 
Sec. 6 July 1, 2023 10-264l(o) 
Sec. 7 July 1, 2023 10-264r  Raised Bill No.  1028 
 
 
 
LCO No. 4307   	42 of 42 
 
Sec. 8 July 1, 2023 10-262s 
Sec. 9 July 1, 2023 10-15f 
 
Statement of Purpose:   
To implement the recommendations of the Department of Education. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]