Connecticut 2024 2024 Regular Session

Connecticut Senate Bill SB00005 Comm Sub / Bill

Filed 04/03/2024

                     
 
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General Assembly  Substitute Bill No. 5  
February Session, 2024 
 
 
 
 
 
AN ACT CONCERNING SCHOOL RESOURCES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 10-76g of the 2024 supplement to the general 1 
statutes is repealed and the following is substituted in lieu thereof 2 
(Effective July 1, 2024): 3 
(a) (1) For the fiscal year ending June 30, 1984, and each fiscal year 4 
thereafter, in any case in which special education is being provided at a 5 
private residential institution, including the residential components of 6 
regional educational service centers, to a child for whom no local or 7 
regional board of education can be found responsible under subsection 8 
(b) of section 10-76d, the Department of Children and Families shall pay 9 
the costs of special education to such institution pursuant to its authority 10 
under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-11 
52 and 17a-861. (2) For the fiscal year ending June 30, 1993, and each 12 
fiscal year thereafter, any local or regional board of education which 13 
provides special education and related services for any child (A) who is 14 
placed by a public agency, including, but not limited to, offices of a 15 
government of a federally recognized Native American tribe, in a 16 
private residential facility or who is placed in a facility or institution 17 
operated by the Department of Children and Families and who receives 18 
such special education at a program operated by a regional education 19  Substitute Bill No. 5 
 
 
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service center or program operated by a local or regional board of 20 
education, and (B) for whom no local or regional board of education can 21 
be found responsible under subsection (b) of section 10-76d, shall be 22 
eligible to receive one hundred per cent of the reasonable costs of special 23 
education for such child as defined in the regulations of the State Board 24 
of Education. Any such board eligible for payment shall file with the 25 
Department of Education, in such manner as prescribed by the 26 
Commissioner of Education, annually, on or before December first a 27 
statement of the cost of providing special education for such child, 28 
provided a board of education may submit, not later than March first, 29 
claims for additional children or costs not included in the December 30 
filing. Payment by the state for such costs shall be made to the local or 31 
regional board of education as follows: Seventy-five per cent of the cost 32 
in February and the balance in May. 33 
(b) Any local or regional board of education which provides special 34 
education pursuant to the provisions of sections 10-76a to 10-76g, 35 
inclusive, as amended by this act, for any exceptional child described in 36 
subparagraph (A) of subdivision (5) of section 10-76a, under its 37 
jurisdiction, excluding (1) children placed by a state agency for whom a 38 
board of education receives payment pursuant to the provisions of 39 
subdivision (2) of subsection (e) of section 10-76d, and (2) children who 40 
require special education, who reside on state-owned or leased 41 
property, and who are not the educational responsibility of the unified 42 
school districts established pursuant to sections 17a-37 and 18-99a, shall 43 
be financially responsible for the reasonable costs of special education 44 
instruction, as defined in the regulations of the State Board of Education, 45 
in an amount equal to, for the fiscal year [commencing July 1, 2023] 46 
ending June 30, 2025, and each fiscal year thereafter, four and one-half 47 
times the net current expenditures per pupil of such board of education,  48 
[. Except as otherwise provided in subsection (d) of this section, the] and 49 
shall be entitled to a grant under this section for any such costs in an 50 
amount that is the excess of such four and one-half times the net current 51 
expenditures per pupil of such board of education. The State Board of 52 
Education shall [, within available appropriations,] pay on a current 53  Substitute Bill No. 5 
 
 
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basis any costs in excess of the local or regional board's basic 54 
contribution paid by such board in accordance with the provisions of 55 
this subsection. Any amounts paid by the State Board of Education on a 56 
current basis pursuant to this subsection shall not be reimbursable in the 57 
subsequent year. Application for such grant shall be made by filing with 58 
the Department of Education, in such manner as prescribed by the 59 
commissioner, annually on or before December first a statement of the 60 
cost of providing special education pursuant to this subsection, 61 
provided a board of education may submit, not later than March first, 62 
claims for additional children or costs not included in the December 63 
filing. Payment by the state for such excess costs shall be made to the 64 
local or regional board of education as follows: Seventy-five per cent of 65 
the cost in February and the balance in May. The amount due each town 66 
pursuant to the provisions of this subsection shall be paid to the 67 
treasurer of each town entitled to such aid, provided the treasurer shall 68 
treat such grant, or a portion of the grant, which relates to special 69 
education expenditures incurred in excess of such town's board of 70 
education budgeted estimate of such expenditures, as a reduction in 71 
expenditures by crediting such expenditure account, rather than town 72 
revenue. Such expenditure account shall be so credited no later than 73 
thirty days after receipt by the treasurer of necessary documentation 74 
from the board of education indicating the amount of such special 75 
education expenditures incurred in excess of such town's board of 76 
education budgeted estimate of such expenditures. 77 
(c) Commencing with the fiscal year ending June 30, 1996, and for 78 
each fiscal year thereafter, within available appropriations, each town 79 
whose ratio of (1) net costs of special education, as defined in subsection 80 
(h) of section 10-76f, for the fiscal year prior to the year in which the 81 
grant is to be paid to (2) the product of its total need students, as defined 82 
in section 10-262f, and the average regular program expenditures, as 83 
defined in section 10-262f, per need student for all towns for such year 84 
exceeds the state-wide average for all such ratios shall be eligible to 85 
receive a supplemental special education grant. Such grant shall be 86 
equal to the product of a town's eligible excess costs and the town's base 87  Substitute Bill No. 5 
 
 
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aid ratio, as defined in section 10-262f, provided each town's grant shall 88 
be adjusted proportionately if necessary to stay within the 89 
appropriation. Payment pursuant to this subsection shall be made in 90 
June. For purposes of this subsection, a town's eligible excess costs are 91 
the difference between its net costs of special education and the amount 92 
the town would have expended if it spent at the state-wide average rate. 93 
[(d) Notwithstanding any provision of the general statutes, for the 94 
fiscal year ending June 30, 2023, and each fiscal year thereafter, if the 95 
total of the amount of the grants payable to local or regional boards of 96 
education in accordance with (1) subsections (a) to (c), inclusive, of this 97 
section, except grants paid in accordance with subdivision (2) of 98 
subsection (a) of this section, (2) subdivision (2) of subsection (e) of 99 
section 10-76d, and (3) subsection (b) of section 10-253, in any fiscal year 100 
exceeds the amount appropriated for the purposes of the grants 101 
described in subdivisions (1) to (3), inclusive, of this subsection for such 102 
fiscal year, then each town shall be ranked in descending order from one 103 
to one hundred sixty-nine according to such town's adjusted equalized 104 
net grand list per capita, as defined in section 10-261, and the state board 105 
shall pay such grant to the local or regional board of education for a 106 
town as follows: (A) For any town ranked one hundred fifteen to one 107 
hundred sixty-nine, inclusive, ninety-one per cent of the amount of such 108 
town's eligible excess costs, (B) for any town ranked fifty-nine to one 109 
hundred fourteen, inclusive, eighty-eight per cent of the amount of such 110 
town's eligible excess costs, and (C) for any town ranked one to fifty-111 
eight, inclusive, eighty-five per cent of the amount of such town's 112 
eligible excess costs. In the case of a regional board of education, such 113 
ranking shall be determined by (i) multiplying the total population, as 114 
defined in section 10-261, of each town in the regional school district by 115 
such town's ranking, as determined in this subsection, (ii) adding 116 
together the figures determined under clause (i) of this subparagraph, 117 
and (iii) dividing the total computed under clause (ii) of this 118 
subparagraph by the total population of all towns in the district. The 119 
ranking of each regional board of education shall be rounded to the next 120 
higher whole number. If the total amount of the grants payable to local 121  Substitute Bill No. 5 
 
 
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and regional boards of education calculated under subparagraphs (A) 122 
to (C), inclusive, of this subsection in any fiscal year exceeds the total 123 
amount appropriated for the grants described in subdivisions (1) to (3), 124 
inclusive, of this subsection for such fiscal year, the amount of the grants 125 
payable under this subsection shall be reduced proportionately. 126 
(e) (1) For the fiscal year ending June 30, 2023, and each fiscal year 127 
thereafter, if the total amount appropriated in any fiscal year for the 128 
grants described in subdivisions (1) to (3), inclusive, of subsection (d) of 129 
this section exceeds the total of the amount of the grants payable to local 130 
and regional boards of education under subsection (d) of this section, 131 
for such fiscal year, such excess amount shall be distributed to each local 132 
and regional board of education as follows: 133 
(A) Subtract the sum of all grants paid to local and regional boards of 134 
education in such fiscal year under subsection (d) of this section from 135 
the sum of all grants calculated under subsections (a) to (c), inclusive, of 136 
this section, subdivision (2) of subsection (e) of section 10-76d and 137 
subsection (b) of section 10-253; 138 
(B) Subtract the sum of all grants paid to local and regional boards of 139 
education in such fiscal year under subsections (a) to (d), inclusive, of 140 
this section from the total amount appropriated in such fiscal year for 141 
all grants under this section; 142 
(C) Divide the amount calculated under subparagraph (B) of this 143 
subdivision by the amount calculated under subparagraph (A) of this 144 
subdivision; and 145 
(D) To determine the amount of such excess to be distributed to each 146 
local and regional board of education, multiply the amount calculated 147 
under subparagraph (A) of this subdivision that is attributable to such 148 
local or regional board of education by the per cent calculated under 149 
subparagraph (C) of this subdivision. 150 
(2) Any grants paid in accordance with subdivision (2) of subsection 151 
(a) of this section shall be excluded from the calculations described in 152  Substitute Bill No. 5 
 
 
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subdivision (1) of this subsection.] 153 
Sec. 2. (Effective July 1, 2024) For the fiscal year ending June 30, 2025, 154 
the Department of Education shall select and utilize an existing artificial 155 
intelligence tool that can be used by educators and students for 156 
classroom instruction and student learning. Such artificial intelligence 157 
tool shall comply with the laws governing the use of artificial 158 
intelligence and the protection of student data and privacy, including, 159 
but not limited to, the Family Educational Rights and Privacy Act of 160 
1974, 20 USC 1232g, as amended from time to time, and sections 10-161 
234aa to 10-234gg, inclusive, of the general statutes. Not later than July 162 
1, 2025, the department shall make such tool available for use by local 163 
and regional boards of education. As used in this section, "artificial 164 
intelligence" means any technology, including, but not limited to, 165 
machine learning that uses data to train an algorithm or predictive 166 
model for the purpose of enabling a computer system or service to 167 
autonomously perform any task, including, but not limited to, visual 168 
perception, language processing or speech recognition, that is normally 169 
associated with human intelligence or perception. 170 
Sec. 3. (NEW) (Effective July 1, 2024) Not later than January 1, 2025, 171 
the Department of Education shall, in consultation with the Connecticut 172 
Commission for Education Technology, develop a professional learning 173 
program for educators and students on how to properly and safely 174 
utilize artificial intelligence as part of instruction in the classroom. Such 175 
professional learning program shall include, but need not be limited to, 176 
(1) how artificial intelligence can benefit (A) educators in lesson 177 
planning and development and classroom instruction, and (B) students 178 
in learning, academic achievement and workforce development, and (2) 179 
the laws governing the use of artificial intelligence and the protection of 180 
student data and privacy, including, but not limited to, the Family 181 
Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended 182 
from time to time, and sections 10-234aa to 10-234gg, inclusive, of the 183 
general statutes. As used in this section, "artificial intelligence" means 184 
any technology, including, but not limited to, machine learning that 185  Substitute Bill No. 5 
 
 
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uses data to train an algorithm or predictive model for the purpose of 186 
enabling a computer system or service to autonomously perform any 187 
task, including, but not limited to, visual perception, language 188 
processing or speech recognition, that is normally associated with 189 
human intelligence or perception. 190 
Sec. 4. (NEW) (Effective from passage) (a) For the fiscal year ending June 191 
30, 2025, and each fiscal year thereafter, the Department of Emergency 192 
Services and Public Protection shall, within available appropriations, 193 
administer a program to provide grants to local and regional boards of 194 
education for services to provide school mapping data that meets the 195 
requirements described in subsection (b) of this section. 196 
(b) A local or regional board of education may apply for a grant for 197 
services to provide school mapping data for one or more schools under 198 
the jurisdiction of such board, provided such school mapping data: 199 
(1) Is compatible with software platforms used by local, state and 200 
federal public safety agencies that provide emergency services to the 201 
specific school for which the data is provided without requiring such 202 
agencies to purchase additional software or requiring a fee to view or 203 
access the data; 204 
(2) Is compatible with security software platforms in use by the 205 
specific school for which the data is provided without requiring the local 206 
law enforcement agencies or board of education to purchase additional 207 
software or requiring a fee to view or access the data; 208 
(3) Is in a printable format and, if requested, in a digital file format 209 
that can be integrated into interactive mobile platforms in use; 210 
(4) Is verified for accuracy by the entity producing the data by 211 
conducting a walk-through of the school buildings and grounds being 212 
mapped; 213 
(5) Is oriented true north; 214  Substitute Bill No. 5 
 
 
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(6) Includes accurate floor plans overlaid on current, verified aerial 215 
imagery of the school campus; 216 
(7) Contains site-specific labels that match the structure of school 217 
buildings, including room labels, hallway names, external door or 218 
stairwell numbers and the location of hazards, critical utility locations, 219 
key boxes, automated external defibrillators and trauma kits; 220 
(8) Contains site-specific labels that match the school grounds, 221 
including parking areas, athletic fields, surrounding roads and 222 
neighboring properties; 223 
(9) Is overlaid with gridded "x" and "y" coordinates; 224 
(10) Cannot be modified or updated independently without 225 
corresponding updates to school mapping data within software 226 
platforms used by local, state and federal public safety agencies that 227 
provide emergency services to the specific school; and 228 
(11) Will be provided to the board of education and appropriate 229 
public safety agencies at no cost beyond the initial cost of producing 230 
such mapping data, and shall be available to such board and agencies 231 
permanently. 232 
(c) Not later than October 1, 2024, the department shall develop 233 
eligibility criteria, application forms and deadlines for such program 234 
and post in a conspicuous location on the department's Internet web site 235 
a description of the grant program that includes, but is not limited to, 236 
such criteria, forms and deadlines. 237 
(d) Not later than January 1, 2026, and annually thereafter, the 238 
department shall submit a report, in accordance with the provisions of 239 
section 11-4a of the general statutes, to the joint standing committees of 240 
the General Assembly having cognizance of matters relating to public 241 
safety and security and education. Such report shall include information 242 
for the preceding calendar year on the number of applications for grants 243 
that were received, the number of grants that were awarded and a list 244  Substitute Bill No. 5 
 
 
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of the schools that received services for school mapping data pursuant 245 
to such grants. 246 
Sec. 5. (Effective July 1, 2024) For the school year commencing July 1, 247 
2024, the Department of Education, in collaboration with the regional 248 
educational service centers, shall implement a pilot program to provide 249 
fifty schools in the state with a curriculum designed for students in 250 
grades six to twelve, inclusive, that explores the impact of social media 251 
through science, technology, engineering and mathematics for the 252 
purpose of positively impacting student relationships and school 253 
climate, as defined in section 10-222aa of the general statutes. The 254 
department may accept gifts, grants and donations, including in-kind 255 
donations, designated for the implementation of the pilot program 256 
under this section. 257 
Sec. 6. Subsections (a) to (c), inclusive, of section 17b-749 of the 2024 258 
supplement to the general statutes are repealed and the following is 259 
substituted in lieu thereof (Effective July 1, 2024): 260 
(a) The Commissioner of Early Childhood shall establish and operate 261 
a child care subsidy program to increase the availability, affordability 262 
and quality of child care services for families with a parent or caretaker 263 
who (1) is (A) working or attending high school, or (B) subject to the 264 
provisions of subsection (d) of this section, is enrolled or participating 265 
in (i) a public or independent institution of higher education, (ii) a 266 
private career school authorized pursuant to sections 10a-22a to 10a-22o, 267 
inclusive, (iii) a job training or employment program administered by a 268 
regional workforce development board, (iv) an apprenticeship program 269 
administered by the Labor Department's office of apprenticeship 270 
training, (v) an alternate route to certification program approved by the 271 
State Board of Education, (vi) an adult education program pursuant to 272 
section 10-69 or other high school equivalency program, or (vii) a local 273 
Even Start program or other adult education program approved by the 274 
Commissioner of Early Childhood; [or] (2) receives cash assistance 275 
under the temporary family assistance program from the Department of 276 
Social Services and is participating in an education, training or other job 277  Substitute Bill No. 5 
 
 
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preparation activity approved pursuant to subsection (b) of section 17b-278 
688i or subsection (b) of section 17b-689d; or (3) is the parent or legal 279 
guardian of a child who is enrolled in Medicaid. Services available 280 
under the child care subsidy program shall include the provision of 281 
child care subsidies for children under the age of thirteen or children 282 
under the age of nineteen with special needs. The Commissioner of 283 
Early Childhood may institute a protective service class in which the 284 
commissioner may waive eligibility requirements for at-risk 285 
populations that meet the guidelines prescribed by the commissioner, 286 
and subject to review by the Secretary of the Office of Policy and 287 
Management. Such at-risk populations are children placed in a foster 288 
home by the Department of Children and Families and for whom the 289 
parent or legal guardian receives foster care payments, adopted children 290 
for one year from the date of adoption and homeless children and 291 
youths, as defined in 42 USC 11434a, as amended from time to time. The 292 
Office of Early Childhood shall open and maintain enrollment for the 293 
child care subsidy program and shall administer such program within 294 
the existing budgetary resources available. The office shall issue a notice 295 
on the office's Internet web site any time the office closes the program to 296 
new applications, changes eligibility requirements, changes program 297 
benefits or makes any other change to the program's status or terms, 298 
except the office shall not be required to issue such notice when the 299 
office expands program eligibility. Any change in the office's acceptance 300 
of new applications, eligibility requirements, program benefits or any 301 
other change to the program's status or terms for which the office is 302 
required to give notice pursuant to this subsection, shall not be effective 303 
until thirty days after the office issues such notice. 304 
(b) The commissioner shall establish income standards for applicants 305 
and recipients at a level to include a family with gross income up to fifty 306 
per cent of the state-wide median income, except the commissioner: (1) 307 
[may] May increase the income level up to the maximum level allowed 308 
under federal law, (2) upon the request of the Commissioner of Children 309 
and Families, may waive the income standards for adoptive families so 310 
that children adopted on or after October 1, 1999, from the Department 311  Substitute Bill No. 5 
 
 
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of Children and Families are eligible for the child care subsidy program, 312 
and (3) shall establish a two-tiered income eligibility threshold in 313 
accordance with 45 CFR 98.21(b), as amended from time to time. The 314 
commissioner may adopt regulations in accordance with chapter 54 to 315 
establish income criteria and durational requirements for such waiver 316 
of income standards. 317 
(c) The commissioner, in consultation with the Commissioner of 318 
Social Services, shall establish eligibility and program standards 319 
including, but not limited to: (1) A priority intake and eligibility system 320 
with preference given to serving (A) recipients of temporary family 321 
assistance who are employed or engaged in employment activities 322 
under the Department of Social Services' "Jobs First" program, (B) 323 
working families whose temporary family assistance was discontinued 324 
not more than five years prior to the date of application for the child care 325 
subsidy program, (C) teen parents, (D) low-income working families, 326 
(E) adoptive families of children who were adopted from the 327 
Department of Children and Families and who are granted a waiver of 328 
income standards under subdivision (2) of subsection (b) of this section, 329 
(F) working families who are at risk of welfare dependency, (G) parents 330 
or caretakers participating in an apprenticeship program administered 331 
by the Labor Department's office of apprenticeship training, (H) parents 332 
or caretakers enrolled in an adult education program pursuant to 333 
section 10-69 or other high school equivalency program, (I) parents or 334 
caretakers participating in a job training or employment program 335 
administered by a regional workforce development board, [and] (J) 336 
parents or caretakers enrolled in a public or independent institution of 337 
higher education, and (K) parents or legal guardians of children 338 
enrolled in Medicaid; (2) health and safety standards for child care 339 
providers not required to be licensed; (3) a reimbursement system for 340 
child care services which account for differences in the age of the child, 341 
number of children in the family, the geographic region and type of care 342 
provided by licensed and unlicensed caregivers, the cost and type of 343 
services provided by licensed and unlicensed caregivers, successful 344 
completion of fifteen hours of annual in-service training or credentialing 345  Substitute Bill No. 5 
 
 
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of child care directors and administrators, and program accreditation; 346 
(4) supplemental payment for special needs of the child and extended 347 
nontraditional hours; (5) an annual rate review process for providers 348 
which assures that reimbursement rates are maintained at levels which 349 
permit equal access to a variety of child care settings; (6) a sliding 350 
reimbursement scale for participating families; (7) an administrative 351 
appeals process; (8) an administrative hearing process to adjudicate 352 
cases of alleged fraud and abuse and to impose sanctions and recover 353 
overpayments; (9) an extended period of program and payment 354 
eligibility when a parent who is receiving a child care subsidy 355 
experiences a temporary interruption in employment or other approved 356 
activity; and (10) a waiting list for the child care subsidy program that 357 
(A) allows the commissioner to exercise discretion in prioritizing within 358 
and between existing priority groups, including, but not limited to, 359 
children described in 45 CFR 98.46, as amended from time to time, and 360 
households with an infant or toddler, and (B) reflects the priority and 361 
eligibility system set forth in subdivision (1) of this subsection, which is 362 
reviewed periodically, with the inclusion of this information in the 363 
annual report required to be issued annually by the office to the 364 
Governor and the General Assembly in accordance with section 17b-733. 365 
Such action will include, but not be limited to, family income, age of 366 
child, region of state and length of time on such waiting list. 367 
Sec. 7. Section 10-231e of the general statutes is repealed and the 368 
following is substituted in lieu thereof (Effective July 1, 2024): 369 
(a) For purposes of this section "Standard 62" means the American 370 
Society of Heating, Ventilating and Air Conditioning Engineers 371 
Standard 62 entitled "Ventilation for Acceptable Indoor Air Quality", as 372 
referenced by the State Building Code adopted under section 29-252. 373 
(b) Each local or regional board of education shall ensure that its 374 
heating, ventilation and air conditioning system is (1) maintained and 375 
operated in accordance with the prevailing maintenance standards, 376 
such as Standard 62, at the time of installation or renovation of such 377 
system, and (2) operated continuously during the hours in which 378  Substitute Bill No. 5 
 
 
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students or school personnel occupy school facilities, except (A) during 379 
scheduled maintenance and emergency repairs, and (B) during periods 380 
for which school officials can demonstrate to the local or regional board 381 
of education's satisfaction that the quantity of outdoor air supplied by 382 
an air supply system that is not mechanically driven meets the Standard 383 
62 requirements for air changes per hour. 384 
(c) Each local or regional board of education shall (1) maintain and 385 
update all records of the maintenance of its heating, ventilation and air 386 
conditioning systems for a period of not less than five years, and (2) 387 
submit such records to the Department of Administrative Services any 388 
time such records have been updated following any such maintenance. 389 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2024 10-76g 
Sec. 2 July 1, 2024 New section 
Sec. 3 July 1, 2024 New section 
Sec. 4 from passage New section 
Sec. 5 July 1, 2024 New section 
Sec. 6 July 1, 2024 17b-749(a) to (c) 
Sec. 7 July 1, 2024 10-231e 
 
ED Joint Favorable Subst.