LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005-R02- SB.docx 1 of 13 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 Section 10-76g of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective July 1, 2024): 3 (a) (1) For the fiscal year ending June 30, 1984, and each fiscal year 4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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 2 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 3 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 4 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 5 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 6 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 7 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 8 of 13 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 9 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 10 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 11 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 12 of 13 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00005- R02-SB.docx } 13 of 13 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.