Connecticut 2024 Regular Session

Connecticut Senate Bill SB00363 Latest Draft

Bill / Comm Sub Version Filed 03/25/2024

                             
 
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General Assembly  Substitute Bill No. 363  
February Session, 2024 
 
 
 
 
 
AN ACT CONCERNING ASSORTED REVISIONS TO THE EDUCATION 
STATUTES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 10-16b 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statutes is repealed and the following is substituted in lieu thereof 2 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) In the public schools the program of instruction offered shall 4 
include at least the following subject matter, as taught by legally 5 
qualified teachers: [, the] The arts; career education; consumer 6 
education; personal financial management and financial literacy; health 7 
and safety, including, but not limited to, human growth and 8 
development, nutrition, first aid, including cardiopulmonary 9 
resuscitation training in accordance with the provisions of section 10-10 
16qq, disease prevention and cancer awareness, including, but not 11 
limited to, age and developmentally appropriate instruction in 12 
performing self-examinations for the purposes of screening for breast 13 
cancer and testicular cancer, community and consumer health, physical, 14 
mental and emotional health, including youth suicide prevention, 15 
substance abuse prevention, including instruction relating to opioid use 16 
and related disorders, safety, which shall include the safe use of social 17 
media, as defined in section 9-601, and may include the dangers of gang 18  Substitute Bill No. 363 
 
 
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membership, and accident prevention; language arts, including reading, 19 
writing, grammar, speaking and spelling; mathematics; physical 20 
education; science, which shall include the climate change curriculum 21 
described in subsection (d) of this section; social studies, including, but 22 
not limited to, citizenship, economics, geography, government, history 23 
and Holocaust and genocide education and awareness in accordance 24 
with the provisions of section 10-18f; African-American and black 25 
studies in accordance with the provisions of section 10-16ss; Puerto 26 
Rican and Latino studies in accordance with the provisions of section 27 
10-16ss; Native American studies, in accordance with the provisions of 28 
section 10-16vv; computer programming instruction; recycling and 29 
renewable energy; and in addition, on at least the secondary level, one 30 
or more world languages; vocational education; and the black and 31 
Latino studies course in accordance with the provisions of sections 10-32 
16tt and 10-16uu. For purposes of this subsection, world languages shall 33 
include American Sign Language, provided such subject matter is 34 
taught by a qualified instructor under the supervision of a teacher who 35 
holds a certificate issued by the State Board of Education. For purposes 36 
of this subsection, the "arts" means any form of visual or performing 37 
arts, which may include, but not be limited to, dance, music, art and 38 
theatre; and "reading" means evidence-based instruction that focuses on 39 
competency in oral language, phonemic awareness, phonics, fluency, 40 
vocabulary, rapid automatic name or letter name fluency and reading 41 
comprehension. 42 
(b) If a local or regional board of education requires its pupils to take 43 
a course in a world language, the parent or guardian of a pupil 44 
identified as deaf or hard of hearing may request in writing that such 45 
pupil be exempted from such requirement and, if such a request is 46 
made, such pupil shall be exempt from such requirement. 47 
(c) Each local and regional board of education shall on September 1, 48 
1982, and annually thereafter at such time and in such manner as the 49 
Commissioner of Education shall request, attest to the State Board of 50 
Education that such local or regional board of education offers at least 51  Substitute Bill No. 363 
 
 
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the program of instruction required pursuant to this section, and that 52 
such program of instruction is planned, ongoing and systematic. 53 
(d) The State Board of Education shall make available curriculum 54 
materials and such other materials as may assist local and regional 55 
boards of education in developing instructional programs pursuant to 56 
this section. The State Board of Education, within available 57 
appropriations and utilizing available resource materials, shall assist 58 
and encourage local and regional boards of education to include: (1) 59 
Holocaust and genocide education and awareness; (2) the historical 60 
events surrounding the Great Famine in Ireland; (3) African-American 61 
and black studies; (4) Puerto Rican and Latino studies; (5) Native 62 
American studies; (6) personal financial management, including, but 63 
not limited to, financial literacy as developed in the plan provided under 64 
section 10-16pp; (7) training in cardiopulmonary resuscitation and the 65 
use of automatic external defibrillators; (8) labor history and law, 66 
including organized labor, the collective bargaining process, existing 67 
legal protections in the workplace, the history and economics of free 68 
market capitalism and entrepreneurialism, and the role of labor and 69 
capitalism in the development of the American and world economies; 70 
(9) climate change consistent with the Next Generation Science 71 
Standards; (10) topics approved by the state board upon the request of 72 
local or regional boards of education as part of the program of 73 
instruction offered pursuant to subsection (a) of this section; [and] (11) 74 
instruction relating to the Safe Haven Act, sections 17a-57 to 17a-61, 75 
inclusive; and (12) recycling and renewable energy, including, but not 76 
limited to, protocols for recycling and reducing food waste. The 77 
Department of Energy and Environmental Protection shall be available 78 
to each local and regional board of education for the development of 79 
curriculum on climate change as described in this subsection. 80 
Sec. 2. Section 10-16b of the 2024 supplement to the general statutes, 81 
as amended by section 32 of public act 22-80, section 3 of public act 23-82 
21, section 7 of public act 23-150 and section 19 of public act 23-160, is 83 
repealed and the following is substituted in lieu thereof (Effective July 1, 84  Substitute Bill No. 363 
 
 
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2025): 85 
(a) In the public schools the program of instruction offered shall 86 
include at least the following subject matter, as taught by legally 87 
qualified teachers: [, the] The arts; career education; consumer 88 
education; personal financial management and financial literacy; health 89 
and safety, including, but not limited to, human growth and 90 
development, nutrition, first aid, including cardiopulmonary 91 
resuscitation training in accordance with the provisions of section 10-92 
16qq, disease prevention and cancer awareness, including, but not 93 
limited to, age and developmentally appropriate instruction in 94 
performing self-examinations for the purposes of screening for breast 95 
cancer and testicular cancer, community and consumer health, physical, 96 
mental and emotional health, including youth suicide prevention, 97 
substance abuse prevention, including instruction relating to opioid use 98 
and related disorders, safety, which shall include the safe use of social 99 
media, as defined in section 9-601, and may include the dangers of gang 100 
membership, and accident prevention; language arts, including reading, 101 
writing, grammar, speaking and spelling; mathematics; physical 102 
education; science, which may include the climate change curriculum 103 
described in subsection (d) of this section; social studies, including, but 104 
not limited to, civics and media literacy, citizenship, economics, 105 
geography, government, history and Holocaust and genocide education 106 
and awareness in accordance with the provisions of section 10-18f; 107 
African-American and black studies in accordance with the provisions 108 
of section 10-16ss; Puerto Rican and Latino studies in accordance with 109 
the provisions of section 10-16ss; Native American studies, in 110 
accordance with the provisions of section 10-16vv; Asian American and 111 
Pacific Islander studies, in accordance with the provisions of section [10-112 
66ww] 10-16ww; computer programming instruction; recycling and 113 
renewable energy; and in addition, on at least the secondary level, one 114 
or more world languages; vocational education; and the black and 115 
Latino studies course in accordance with the provisions of sections 10-116 
16tt and 10-16uu. For purposes of this subsection, world languages shall 117 
include American Sign Language, provided such subject matter is 118  Substitute Bill No. 363 
 
 
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taught by a qualified instructor under the supervision of a teacher who 119 
holds a certificate issued by the State Board of Education. For purposes 120 
of this subsection, the "arts" means any form of visual or performing 121 
arts, which may include, but not be limited to, dance, music, art and 122 
theatre; and "reading" means evidence-based instruction that focuses on 123 
competency in oral language, phonemic awareness, phonics, fluency, 124 
vocabulary, rapid automatic name or letter name fluency and reading 125 
comprehension. 126 
(b) If a local or regional board of education requires its pupils to take 127 
a course in a world language, the parent or guardian of a pupil 128 
identified as deaf or hard of hearing may request in writing that such 129 
pupil be exempted from such requirement and, if such a request is 130 
made, such pupil shall be exempt from such requirement. 131 
(c) Each local and regional board of education shall on September 1, 132 
1982, and annually thereafter at such time and in such manner as the 133 
Commissioner of Education shall request, attest to the State Board of 134 
Education that such local or regional board of education offers at least 135 
the program of instruction required pursuant to this section, and that 136 
such program of instruction is planned, ongoing and systematic. 137 
(d) The State Board of Education shall make available curriculum 138 
materials and such other materials as may assist local and regional 139 
boards of education in developing instructional programs pursuant to 140 
this section. The State Board of Education, within available 141 
appropriations and utilizing available resource materials, shall assist 142 
and encourage local and regional boards of education to include: (1) 143 
Holocaust and genocide education and awareness; (2) the historical 144 
events surrounding the Great Famine in Ireland; (3) African-American 145 
and black studies; (4) Puerto Rican and Latino studies; (5) Native 146 
American studies; (6) Asian American and Pacific Islander studies; (7) 147 
personal financial management, including, but not limited to, financial 148 
literacy as developed in the plan provided under section 10-16pp; (8) 149 
training in cardiopulmonary resuscitation and the use of automatic 150 
external defibrillators; (9) labor history and law, including organized 151  Substitute Bill No. 363 
 
 
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labor, the collective bargaining process, existing legal protections in the 152 
workplace, the history and economics of free market capitalism and 153 
entrepreneurialism, and the role of labor and capitalism in the 154 
development of the American and world economies; (10) climate change 155 
consistent with the Next Generation Science Standards; (11) topics 156 
approved by the state board upon the request of local or regional boards 157 
of education as part of the program of instruction offered pursuant to 158 
subsection (a) of this section; [and] (12) instruction relating to the Safe 159 
Haven Act, sections 17a-57 to 17a-61, inclusive; and (13) recycling and 160 
renewable energy, including, but not limited to, protocols for recycling 161 
and reducing food waste. The Department of Energy and 162 
Environmental Protection shall be available to each local and regional 163 
board of education for the development of curriculum on climate 164 
change as described in this subsection. 165 
Sec. 3. Section 10-211f of the 2024 supplement to the general statutes 166 
is repealed and the following is substituted in lieu thereof (Effective July 167 
1, 2024): 168 
For the school year commencing July 1, 2024, and each school year 169 
thereafter, each local and regional board of education shall annually 170 
approve and provide professional development programs or activities 171 
for all school nurses and nurse practitioners appointed by or under 172 
contract with such board. [Each board shall provide] As part of such 173 
professional development programs or activities [related to] provided 174 
by each local and regional board of education under this section, each 175 
new school nurse or nurse practitioner shall receive and complete (1) 176 
training and instruction in the implementation of individualized 177 
education programs and plans pursuant to Section 504 of the 178 
Rehabilitation Act of 1973, as amended from time to time, [to any new 179 
school nurse or nurse practitioner] not later than thirty days after such 180 
school nurse or nurse practitioner has been appointed by or entered into 181 
a contract with such board, and (2) an orientation to school health 182 
services, developed by an association that represents nurses in the state, 183 
not later than six months after such nurse or nurse practitioner has been 184  Substitute Bill No. 363 
 
 
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appointed by or entered into a contract with such board. 185 
Sec. 4. Section 10-227 of the 2024 supplement to the general statutes 186 
is repealed and the following is substituted in lieu thereof (Effective July 187 
1, 2024): 188 
(a) Each board of education shall cause the superintendent to make 189 
returns not later than September first of each year to the Commissioner 190 
of Education of the receipts, expenditures and statistics, as prescribed 191 
by the commissioner, provided each such board may submit revisions 192 
to the returns in such form and with such documentation as required by 193 
the commissioner [no] not later than [December] January thirty-first of 194 
each year following the September submission. Such reports or returns 195 
required shall be filed in accordance with the instructions furnished by 196 
the commissioner, shall be certified [no] not later than [December] 197 
January thirty-first of each year by the independent public accountant 198 
selected pursuant to section 7-392 for the purpose of auditing municipal 199 
accounts, and shall be subject to Department of Education verification. 200 
If the returns and statistics and revisions called for by said commissioner 201 
are not filed on or before the days specified in this section or if the 202 
returns are not certified as required by the commissioner on or before 203 
[December] January thirty-first, each local and regional board of 204 
education required by law to make separate returns, whose returns and 205 
statistics or revisions are delayed until after those days, shall forfeit of 206 
the total sum which is paid for such board of education from the State 207 
Treasurer an amount to be determined by the State Board of Education, 208 
which amount shall be not less than one thousand dollars nor more than 209 
ten thousand dollars. The amount so forfeited shall be withheld from a 210 
subsequent grant payment as determined by the commissioner. 211 
Notwithstanding the penalty provision of this section, the 212 
Commissioner of Education may waive said forfeiture for good cause. 213 
(b) Not later than [February 15, 2024] March 15, 2025, and annually 214 
thereafter, the Department of Education shall publish on its Internet 215 
web site the data contained in the reports and returns filed pursuant to 216 
subsection (a) of this section by education program type, expense 217  Substitute Bill No. 363 
 
 
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function, expense object and funding source, including, but not limited 218 
to, federal, combined state and local and combined private and other 219 
sources for the school and district level. The department shall develop 220 
and publish a guide that contains definitions for each category of 221 
expenditure and funding source. 222 
(c) Not later than [February] March 15, 2025, and annually thereafter, 223 
the Department of Education shall develop and publish the data 224 
contained in the reports and returns filed pursuant to subsection (a) of 225 
this section in a format that allows financial comparisons between 226 
school districts and schools, including student enrollment and 227 
demographic statistics as of October first of the school year in which 228 
such reports and returns were filed. 229 
Sec. 5. Subsection (d) of section 10-76d of the 2024 supplement to the 230 
general statutes is repealed and the following is substituted in lieu 231 
thereof (Effective July 1, 2024): 232 
(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, 233 
any local or regional board of education may make agreements with 234 
another such board or subject to the consent of the parent or guardian 235 
of any child affected thereby, make agreements, or on and after July 1, 236 
2019, enter into a contract with any private provider of special education 237 
services, as defined in section 10-91g, private school, or public or private 238 
agency or institution, including a group home to provide the necessary 239 
programs or services, but no expenditures made pursuant to a contract 240 
with a private provider of special education services, private school, 241 
agency or institution for such special education shall be paid under the 242 
provisions of section 10-76g, unless (1) such contract includes a 243 
description of the educational program and other treatment the child is 244 
to receive, a statement of minimal goals and objectives which it is 245 
anticipated such child will achieve, an estimated time schedule for 246 
returning the child to the community or transferring such child to 247 
another appropriate facility, and an explanation of how the tuition or 248 
costs for services provided under the agreement or contract are to be 249 
calculated, (2) subject to the provisions of this subsection, the 250  Substitute Bill No. 363 
 
 
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educational needs of the child for whom such special education is being 251 
provided cannot be met by public school arrangements in the opinion 252 
of the commissioner who, before granting approval of such contract for 253 
purposes of payment, shall consider such factors as the particular needs 254 
of the child, the appropriateness and efficacy of the program offered by 255 
such private school, agency or institution, and the economic feasibility 256 
of comparable alternatives, and (3) commencing with the 1987-1988 257 
school year and for each school year thereafter, each such private 258 
provider of special education services, private school, agency or 259 
institution has been approved for special education by the 260 
Commissioner of Education or by the appropriate agency for facilities 261 
located out of state, except as provided in subsection (b) of this section. 262 
Notwithstanding the provisions of subdivision (2) of this subsection or 263 
any regulations adopted by the State Board of Education setting 264 
placement priorities, placements pursuant to this section and payments 265 
under section 10-76g may be made pursuant to such a contract if the 266 
public arrangements are more costly than the private provider of special 267 
education services, private school, institution or agency, provided the 268 
private provider of special education services, private school, institution 269 
or agency meets the educational needs of the child and its program is 270 
appropriate and efficacious. Any payment under the provisions of 271 
section 10-76g shall include all expenditures incurred by a local or 272 
regional board of education pursuant to a contract with a private 273 
provider of special education services, private school, agency or 274 
institution, to the extent permitted under said section, during the school 275 
year in which such private provider of special education services, 276 
private school, agency or institution provided such services, even if such 277 
private provider of special education services, private school, agency or 278 
institution is approved for special education by the Commissioner of 279 
Education during such school year. Notwithstanding the provisions of 280 
this subsection to the contrary, nothing in this subsection shall (A) 281 
require the removal of a child from a nonapproved facility if the child 282 
was placed there prior to July 7, 1987, pursuant to the determination of 283 
a planning and placement team that such a placement was appropriate 284 
and such placement was approved by the Commissioner of Education, 285  Substitute Bill No. 363 
 
 
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or (B) prohibit the placement of a child at a nonapproved facility if a 286 
planning and placement team determines prior to July 7, 1987, that the 287 
child be placed in a nonapproved facility for the 1987-1988 school year. 288 
Each child placed in a nonapproved facility as described in 289 
subparagraphs (A) and (B) of subdivision (3) of this subsection may 290 
continue at the facility provided the planning and placement team or 291 
hearing officer appointed pursuant to section 10-76h determines that the 292 
placement is appropriate. Expenditures incurred by any local or 293 
regional board of education to maintain children in nonapproved 294 
facilities as described in said subparagraphs (A) and (B) shall be paid 295 
pursuant to the provisions of section 10-76g. Any local or regional board 296 
of education may enter into a contract with the owners or operators of 297 
any sheltered workshop or rehabilitation center for provision of an 298 
education occupational training program for children requiring special 299 
education who are at least sixteen years of age, provided such workshop 300 
or institution shall have been approved by the appropriate state agency. 301 
Whenever any child is identified by a local or regional board of 302 
education as a child requiring special education and such board of 303 
education determines that the requirements for special education could 304 
be met by a program provided within the district or by agreement with 305 
another board of education except for the child's need for services other 306 
than educational services such as medical, psychiatric or institutional 307 
care or services, such board of education may meet its obligation to 308 
furnish special education for such child by paying the reasonable cost of 309 
special education instruction in a private provider of special education 310 
services, private school, hospital or other institution provided such 311 
board of education or the commissioner concurs that placement in such 312 
institution is necessary and proper and no state institution is available 313 
to meet such child's needs. Any such private provider of special 314 
education services, private school, hospital or other institution receiving 315 
such reasonable cost of special education instruction by such board of 316 
education shall submit all required documentation to such board of 317 
education for purposes of submitting claims to the Medicaid School 318 
Based Child Health Program administered by the Department of Social 319 
Services. 320  Substitute Bill No. 363 
 
 
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Sec. 6. Section 10-357e of the general statutes is repealed and the 321 
following is substituted in lieu thereof (Effective July 1, 2024): 322 
The Commissioner of Education [may] shall allocate funds to allow 323 
the State Education Resource Center, established pursuant to section 10-324 
357a, to provide professional development services, technical assistance 325 
and evaluation activities, policy analysis and other forms of assistance 326 
to local and regional boards of education, the Department of Education, 327 
state and local charter schools, as defined in section 10-66aa, the 328 
Technical Education and Career System, established pursuant to section 329 
10-95, providers of school readiness programs, as defined in section 10-330 
16p, and other educational entities and providers. The State Education 331 
Resource Center shall expend such funds in accordance with procedures 332 
and conditions prescribed by the commissioner. 333 
Sec. 7. Section 10-145aa of the 2024 supplement to the general statutes 334 
is repealed and the following is substituted in lieu thereof (Effective July 335 
1, 2024): 336 
[On and after July 1, 2022, the] The preservice performance 337 
assessment, edTPA, as adopted by the State Board of Education on 338 
December 7, 2016, shall be used exclusively as an accountability tool for 339 
teacher preparation programs, as defined in section 10-10a, offered at 340 
institutions of higher education in the state. The results of such 341 
preservice performance assessment shall not be used by (1) the State 342 
Board of Education to deny an application for the issuance of an initial 343 
educator certificate under section 10-145b, or (2) an institution of higher 344 
education to deny successful completion of a teacher preparation 345 
program. 346 
Sec. 8. (NEW) (Effective July 1, 2024) Each local and regional board of 347 
education shall conform the design of any school playground designed 348 
on or after July 1, 2025, to the principles of universal design. Such 349 
playgrounds shall include, at a minimum, (1) play spaces that appeal to 350 
a variety of senses and allow multiple forms of play, (2) landform 351 
designed to encourage unstructured play, (3) multiple options for 352  Substitute Bill No. 363 
 
 
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accessing play spaces and equipment that allow for varying levels of 353 
ability, and (4) sensory-engaging materials and use of trees and other 354 
plantings. As used in this section, "universal design" means a concept of 355 
designing spaces with the goal of maximizing usability and access, 356 
without the need for adaptation or specialized design. 357 
Sec. 9. Subsections (b) and (c) of section 10-14gg of the 2024 358 
supplement to the general statutes are repealed and the following is 359 
substituted in lieu thereof (Effective from passage): 360 
(b) The Center for Literacy Research and Reading Success shall be 361 
under the direction of a director who shall, in consultation with the 362 
Reading Leadership Implementation Council described in subsection (c) 363 
of this section, be responsible for (1) overseeing all activities of the 364 
center, (2) facilitating communication between the center, local and 365 
regional boards of education and other affiliates of the center, and (3) 366 
coordinating the dissemination of information, tools and services made 367 
available by the center. 368 
(c) The activities of the center shall be informed by the Reading 369 
Leadership Implementation Council which shall consist of the following 370 
members: (1) The director of the center, or the director's designee; (2) the 371 
executive director of the Commission on Women, Children, Seniors, 372 
Equity and Opportunity, or the executive director's designee; (3) an 373 
individual designated by the Governor, who has experience in literacy 374 
or education and is engaged in the development and implementation of 375 
the intensive reading instruction program; (4) an individual designated 376 
by the speaker of the House of Representatives, who has experience in 377 
literacy or education; (5) an individual designated by the president pro 378 
tempore of the Senate, who has experience in literacy or education; (6) 379 
an individual designated by the minority leader of the House of 380 
Representatives, who has experience in literacy or education; (7) an 381 
individual designated by the minority leader of the Senate, who has 382 
experience in literacy or education; (8) two individuals, designated by 383 
the chairperson of the Black and Puerto Rican Caucus of the General 384 
Assembly, one of whom has experience with literacy or education and 385  Substitute Bill No. 363 
 
 
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is engaged in the development and implementation of the intensive 386 
reading instruction program, provided such individual is not a member 387 
of the General Assembly; (9) the dean of the Neag School of Education 388 
at The University of Connecticut, or the dean's designee; and (10) three 389 
individuals designated by the Commissioner of Education. The initial 390 
terms of the members of the council shall expire on June 30, 2024, and 391 
the subsequent appointments shall be made by July 1, 2024. Members 392 
shall serve two-year terms and may serve consecutive terms. The 393 
Reading Leadership Implementation Council shall develop and publish 394 
annual goals for the center and meet at least once every two months. 395 
The Reading Leadership Implementation Council may consult with 396 
representatives from public, private and philanthropic organizations. 397 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2024 10-16b 
Sec. 2 July 1, 2025 10-16b 
Sec. 3 July 1, 2024 10-211f 
Sec. 4 July 1, 2024 10-227 
Sec. 5 July 1, 2024 10-76d(d) 
Sec. 6 July 1, 2024 10-357e 
Sec. 7 July 1, 2024 10-145aa 
Sec. 8 July 1, 2024 New section 
Sec. 9 from passage 10-14gg(b) and (c) 
 
ED Joint Favorable Subst. C/R 	APP