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Substitute House Bill No. 5342

PUBLIC ACT NO. 96-244

AN ACT CONCERNING REVISIONS TO THE EDUCATION STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 10-4b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) If, after conducting an inquiry in accordance with subsection (a) of this section, the state board finds that a local or regional board of education has failed or is unable to provide educational opportunities to meet the requirements of this section, sections 10-4a, 10-14q, 10-15c, 10-16, 10-16b, AS AMENDED 10-42, AS AMENDED subsection (a) of section 10-43, sections 10-47b, 10-53, 10-54, 10-66i, 10-71, AS AMENDED 10-76d, AS AMENDED subsection (h) of section 10-76f, and sections 10-76g, 10-76m, 10-76o, 10-97, 10-203 AS AMENDED BY SECTION 15 OF THIS ACT 10-220, AS AMENDED BY SECTION 17 OF THIS ACT10-227, 10-261, AS AMENDED BY SECTION 22 OF THIS ACT 10-262j, AS AMENDED 10-263, 10-266j, AS AMENDED 10-266m, 10-273a, 10-277, and 10-280a, the state board shall (1) require the local or regional board of education to engage in a remedial process whereby such local or regional board of education shall develop and implement a plan of action through which compliance may be attained, or (2) order the local or regional board of education to take reasonable steps where such local or regional board has failed to comply with subdivision (3) of section 10-4a. Where a local or regional board of education is required to implement a remedial process pursuant to subdivision (1) of this subsection, upon request of such local or regional board, the state board shall make available to such local or regional board materials and advice to assist in such remedial process. If the state board finds that a local governmental body or its agent is responsible for such failure or inability, the state board may order such governmental body or agent to take reasonable steps to comply with the requirements of section 10-4a. The state board may not order an increase in the regular program expenditures, as defined in section 10-262f, AS AMENDED BY SECTIONS 23 AND 24 OF THIS ACT of such local or regional board of education if such expenditures are in an amount at least equal to the minimum expenditure requirement in accordance with section 10-262j, AS AMENDED provided that an increase in expenditures may be ordered in accordance with section 10-76d. If the state board finds that the state is responsible for such failure, the state board shall so notify the Governor and the General Assembly.

Sec. 2. Section 10-40 of the general statutes is repealed and the following is substituted in lieu thereof:

The legislative body of each town joining in the establishment of such a committee shall appoint to such committee five members at least two of whom shall be members of the board of education of such town. The town clerk of each town shall immediately give notice of the appointments made to the [State Board] COMMISSIONER of Education. Within thirty days of receipt of the last of such notices, the [State Board of Education] COMMISSIONER shall appoint a consultant to such committee. The consultant shall call the first meeting of the study committee within ten days after such appointment.

Sec. 3. Subsection (a) of section 10-43 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The committee shall, at least semiannually, make progress reports to the participating towns and the State Board of Education in such manner as the committee deems suitable. Upon completion of its study, the committee shall present a written report of its findings and recommendations to the State Board of Education and the town clerk of each participating town. If the committee finds that establishment of the proposed regional school district is inadvisable, its report shall include such findings and an explanation of the reasons for its conclusions. If the findings of the committee support the feasibility and desirability of establishing a regional school district, its report shall contain the findings of the committee with respect to the advisability of establishing a regional school district, the towns to be included, the grade levels for which educational programs are to be provided, the facilities recommended, estimates of the cost of land and facilities, a recommendation concerning the capital contribution of each participating town based on appraisals OR A NEGOTIATED VALUATION of existing land and facilities owned and used by each town for public elementary and secondary education which the committee recommends be acquired for use by the proposed regional school district, together with a plan for the transfer of such land and facilities, a recommendation concerning the size of the board of education to serve the proposed regional school district and the representation of each town thereon, and such other matters as the committee deems pertinent. The capital contribution of each participating town shall be in the same proportion to the total purchase price OR NEGOTIATED VALUE of the property transferred as the number of pupils in average daily membership of such town as defined in section 10-261 for the school year preceding that in which the plan is approved by the State Board of Education bears to the total number of such pupils in the participating towns.

Sec. 4. Section 2 of number 428 of the special acts of 1937, as amended by section 1 of number 165 of the special acts of 1939, section 1 of number 322 of the special acts of 1947, section 2 of number 405 of the special acts of 1959 and special act 82-18, is amended to read as follows:

Said district shall purchase sites for, build and equip regional schools for the benefit of the towns belonging to said district. The affairs of such schools shall be administered by a regional school board, to be composed of one elector from each town belonging to said district. The regional school representative may be appointed by the Board of Education of such town or may be elected by the electors of such town. Each town in regional school district number one may determine, by a plurality of ballots cast at a town meeting duly called and warned for such purpose, whether the regional school board representative shall be named buy appointment or election. Each such member of said regional school board who is named by election shall be elected by a plurality of the ballots cast in the election for such office by the electors of the town of which such member is an elector. In addition to the appointment or election of one representative to the regional school board, each town belonging to the district may appoint or elect, in the manner described [above] IN THIS SECTION, one alternate representative to the regional school board who shall serve in the absence of the town's regular representative. Such alternative representatives shall have all the rights and privileges of regular board members except that they shall be entitled to participate in and vote at school board meetings only in the absence of the board members for whom they serve as alternates. Each member of such regional school board now in office shall serve the remaining portion of the term for which he was appointed, and NOTWITHSTANDING THE PROVISIONS OF SECTION 10-46 OF THE GENERAL STATUTES the successor of such member shall be appointed or elected for a term of [three] TWO OR FOUR years AS DETERMINED BY A MAJORITY VOTE OF THE MEMBERS OF THE LEGISLATIVE BODY OF THE TOWN PRESENT AT A REGULAR OR SPECIAL MEETING CALLED AND CONVENED FOR SUCH PURPOSEand until his successor is appointed or elected and has qualified. The regional board shall annually choose from its members a chairman and a vice chairman and shall appoint a treasurer and a secretary who may or may not be members of the board. Such treasurer shall give a bond to such board to the satisfaction of the members thereof, but a bank or trust company, located in the district and qualified to act in that capacity, may be appointed treasurer, in which event no bond shall be required. Such regional board may perform the duties which would otherwise be performed by the town boards of education with reference to providing, for the residents of such district, education opportunities beyond the sixth grade, provided such educational opportunities beyond the sixth grade shall be approved by the citizens qualified to vote in town meetings in each of any four of the towns constituting said districts at town meetings warned and held for such purpose.

Sec. 5. Section 10-47c of the general statutes is repealed and the following is substituted in lieu thereof:

With the exception of the terms which pertain to the capital contribution of member towns, the transfer of property to the regional school district, the grades included, the size of the board of education and the representation of each town on the board and the towns to be served by the regional school district, the terms of the plan approved through referenda pursuant to section 10-45 may be amended as follows: If a regional board of education finds it advisable to amend the plan or if the legislative body of a town served by the regional board of education requests amendment of such plan, the regional board of education shall prepare a report on the proposed amendment, including the question to be presented, file a copy with the [State Board] COMMISSIONER of Education and the clerk of each member town and make copies of such report available to the public at a district meeting called to present the plan. After such public hearing, the board shall set the date for referenda which shall be held simultaneously in each member town between the hours of six a.m. and eight p.m. At least thirty days before the date of the referenda, the regional board of education shall notify the town clerk in each member town to call the referendum on the specified date to vote on the specified question. The warning of such referenda shall be published, the vote taken and the results thereof canvassed and declared in the same manner as is provided for the election of officers of a town. The town clerk of each town shall certify the vote of the town to the regional board of education and the [State Board] COMMISSIONER of Education. If the majority vote in each town of the district is in favor of the proposed amendment to the plan, such amendment shall take effect immediately.

Sec. 6. Section 10-63b of the general statutes is repealed and the following is substituted in lieu thereof:

Within thirty days of receipt of an application pursuant to section 10-63a the regional board of education shall call for the appointment of a committee to determine whether and under what conditions such withdrawal or dissolution shall take place. The committee shall consist of the following: One member of the board of education of each town within the district, to be selected by each such board, if any, or if none, an elector to be elected by the legislative body in such town; one member of the board of finance or comparable fiscal body of each town within the district to be selected by each such board or body; two members of the regional board of education, to be selected by such board, no more than one of whom may be a resident of a town making the application for the appointment of the committee; one member to be appointed by the [State Board] COMMISSIONER of Education, who shall not be a resident of any town within the district; the State Treasurer or the Treasurer's designee, and one member to be appointed by the regional board of education, who shall be an expert in municipal bonding and financing and who shall not be a resident of any town within the district. The members shall receive no compensation for their services, but their expenses and those incurred by the regional board in connection with withdrawal or dissolution procedures shall be paid by the towns applying for withdrawal or dissolution. The appointee of the [State Board] COMMISSIONER of Education shall call the first meeting of the committee, and the committee shall organize and function in accordance with section 10-41.

Sec. 7. Subsection (a) of section 10-63k of the general statutes is repealed and the following is substituted in lieu thereof:

(a) If the Commissioner of Education notifies in writing a regional board of education and the chief executive officer of each town within a regional school district that representation on the regional board of education is not consistent with federal constitutional standards, the legislative body of each participating town of a regional school district so notified shall, within thirty days of the receipt of such written notice from the commissioner, appoint a regional school reapportionment committee in the same manner as provided for in section 10-40 AS AMENDED BY SECTION 3 OF THIS ACT relating to the appointment of a regional school study committee. The town clerk of each town shall immediately give notice of the appointments made to the [State Board] COMMISSIONER of Education. Within ten days of receipt of the last of such notices, the [State Board] COMMISSIONER of Education shall appoint a consultant to such committee. The consultant shall call the first meeting of the regional school reapportionment committee within seven days after such appointment.

Sec. 8. Subsection (d) of section 10-66j of the general statutes, as amended by section 8 of public act 95-226, is repealed and the following is substituted in lieu thereof:

(d) For the fiscal year ending June 30, 1996, and for each fiscal year thereafter, each regional educational service center shall be entitled to a grant in the following amount:

CREC 263,762

[RESCUE] EDUCATION CONNECTION 90,000

CES 209,393

ACES 219,292

LEARN 81,623

EASTCONN 299,161

Sec. 9. Section 10-67 of the general statutes, as amended by section 5 of public act 95-259, is repealed and the following is substituted in lieu thereof:

As used in this section and sections 10-69 to

10-71a, inclusive, AS AMENDED and 10-73a to

10-73c, inclusive AS AMENDED BY SECTION 10 OF

THIS ACT: (1) "Adult" means any person sixteen years of age or over who is no longer enrolled in a public elementary or secondary school program or a student enrolled in school who was assigned to an adult class pursuant to subsection (d) of section 10-233dAS AMENDED, OR SECTION 49 OF THIS ACT; (2) "Adult class" or "adult education activity" means a class or education activity designed primarily for adults; (3) "Adult education credit" means not fewer than forty-eight instructional hours; (4) "Cooperating eligible entity" means any corporation or other business entity, nonprofit organization, private occupational school authorized pursuant to sections 10a-22a to 10a-22k, inclusive, AS AMENDED institution of higher education licensed or accredited pursuant to the provisions of section 10a-34, AS AMENDED regional vocational-technical school or library which provides classes or services specified under subdivision (1) of subsection (a) of section 10-69, AS AMENDED in conformance with the program standards applicable to boards of education, through a written cooperative arrangement with a local or regional board of education or regional educational service center; (5) "Cooperating school district" means a school district which does not establish or maintain classes or programs pursuant to subdivision (1) of subsection (a) of section 10-69, AS AMENDED but which provides such classes or programs through a written cooperative arrangement with a providing school district; (6) "Eligible costs for adult education" means the result obtained by subtracting from the eligible expenditures incurred for programs and services provided by a board of education or a regional educational service center pursuant to subdivision (1) of subsection (a) of section 10-69, AS AMENDED the total amount of any funds [received] EXPENDED for such programs and services from other state or federal sources [, and payments expended on account of] AND TUITION RECEIVED FOR nonresident adult students; (7) "Eligible expenditure" means expenditures, or that portion thereof, directly attributable to programs and services required pursuant to subdivision (1) of subsection (a) of section 10-69 AS AMENDED and not otherwise eligible for reimbursement from any other state grant for: (A) Teachers, including teacher aides; (B) administration, including the director; (C) clerical assistance; (D) printing; (E) instructional materials AND EQUIPMENT, including computer equipment, provided a local or regional board of education's eligible expenditures for computer equipment in any fiscal year shall not exceed [one] FIVE per cent of such board's total eligible expenditures for such fiscal year; (F) program supplies; (G) facility rental other than for facilities provided by a local or regional board of education pursuant to section 10-70; (H) staff development; (I) counselors; (J) transportation; (K) security; and (L) child care services; (8) "Providing school district" means the school district or regional educational service center in which classes or programs are established and maintained pursuant to subdivision (1) of subsection (a) of section 10-69, AS AMENDED provided the provisions of this section shall not be construed to limit the provisions of section 10-66e or 10-66f relating to payments to a regional educational service center.

Sec. 10. Section 10-73a of the general statutes, as amended by section 8 of public act 95-259, is repealed and the following is substituted in lieu thereof:

(a) Tuition or registration fees shall not be charged by [a providing] ANY school district to [adult residents of such district] ADULTS enrolled in any adult class or program required under subdivision (1) of subsection (a) of section 10-69 AS AMENDED. Registration fees may be charged by a providing school district or cooperating eligible entity to a cooperating school district for any adult residents of such cooperating district who are enrolled in any adult class or program of adult classes maintained by such providing school district or cooperating eligible entity and required by said section.

(b) The board of education of any providing school district may charge a registration fee for residents of a cooperating school district registered for any subject offered pursuant to subdivision (2) of subsection (a) of section 10-69 AS AMENDED in an amount greater than the registration fee charged for residents of such providing school district registered for any such subject.

(c) The board of education of any providing school district may fix and collect a charge from any student for books and materials furnished such student in any adult class or activity or program of adult classes or activities, or may lend books or materials to any such student and require the making of deposits by such student, except as [hereinafter] provided [and as provided] in THIS SUBSECTION AND subsection (e) of this section. The amount of such deposit made by a student may be refunded [to him] upon the return, in good condition, of the books or materials lent him. A refundable deposit may be required by the board of education of any providing school district from adult students who are enrolled in any program required under section 10-69 AS AMENDED for books or materials furnished to such students for use in such program, provided such deposit shall not exceed the actual cost of such books or materials. The amount of such deposit made by a student shall be refunded upon the return, in good condition, of the books or materials lent him. The board of education of any providing school district may collect a charge from a cooperating school district for any books or materials furnished to adult students who are residents of such cooperating school district and are enrolled in any program required under section 10-69 AS AMENDED for use in such program. No charge may be made to any adult enrolled in the classes and activities pursuant to subdivision (1) of subsection (a) of section 10-69 AS AMENDED offered by a cooperating eligible entity.

(d) The board of education of any providing school district may waive fees of any kind to a handicapped adult, as defined by the State Board of Education, or to a person sixty-two years of age or older registered for, or enrolled in, adult programs, classes or activities permitted by subdivision (2) of section 10-69, AS AMENDED provided such board may charge a cooperating school district (1) a registration fee for any handicapped adult or any person sixty-two years of age or older who is a resident of such cooperating district and who is enrolled, through cooperative arrangements approved by the State Board of Education, in any adult class or program of adult classes maintained by such providing school district and required under section 10-69 AS AMENDED; and (2) a charge for any books or materials furnished to any such person for use in any adult class or activity or program of adult classes or activities required under section 10-69 AS AMENDEDor permitted by subdivision (2) of section 10-69AS AMENDED.

(e) The board of education of any providing school district which collects fees may establish and maintain in its custody an adult education school activity fund through which it may handle the finances of the adult education program as outlined in this section, said fund to be maintained and operated in conformance with the provisions of section 10-237.

Sec. 11. Subsection (a) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate or a certificate of eligibility to any person who has graduated (1) from a four-year baccalaureate program of teacher education as approved by said state board, or (2) from a four-year baccalaureate program approved by said state board or from a college or university accredited by the board of governors or regionally accredited, provided such person has taken such teacher training equivalents as the State Board of Education shall require and, unless such equivalents are taken at institutions outside of this state, as the board of governors shall accredit. In addition, on and after July 1, 1993, each applicant shall have completed a subject area major as defined by the State Board of Education. Each such initial educator certificate shall be valid for [one year] TWO YEARS, except as provided in subsection (c) of this section, and may be extended by the Commissioner of Education for an additional year for good cause upon the request of the superintendent in whose school district such person is employed or upon the request of the assessment team reviewing such person's performance. Each such certificate of eligibility shall be valid for no more than five years and shall be replaced by an initial educator certificate upon receipt of proper application by the State Board of Education.

Sec. 12. Subdivision (3) of subsection (c) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof:

(3) Notwithstanding the provisions of subsection (a) of this section to the contrary, on and after July 1, 1989, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate, which shall be valid for [one and one-half] TWO years, to any person who has taught successfully while holding a temporary ninety-day certificate and meets the requirements pursuant to regulations adopted pursuant to section 10-145d.

Sec. 13. Subsection (d) of section 10-145f of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Any person who is first issued a certificate valid after July 1, 1989, or who is reissued a certificate after July 1, 1989, shall, except as otherwise provided in this subsection, be required to achieve a satisfactory evaluation on a professional knowledge clinical assessment within [one year] TWO YEARS after commencing teaching in a public school in order to retain the certificate. The commissioner (1) may waive the requirement that such satisfactory evaluation on a professional knowledge clinical assessment be achieved upon a determination that such assessment is not valid for the person's teaching assignment or (2) upon a showing of good cause, may extend the time limit for the assessment by one year. The requirement of a clinical assessment shall not apply to any such person who has completed at least three years of successful teaching in a public school or a nonpublic school approved by the appropriate state board of education during the ten years immediately preceding the date of application or who successfully taught with a provisional teaching certificate [for] DURING the year immediately preceding an application for a provisional educator certificate as an employee of a local or regional board of education or facility approved for special education by the State Board of Education. Notwithstanding the provisions of this subsection to the contrary, the State Board of Education may reissue an initial educator certificate to a person who held such certificate and did not achieve a satisfactory evaluation on a professional knowledge clinical assessment provided the person submits evidence demonstrating significant intervening study and experience, in accordance with standards established by the State Board of Education.

Sec. 14. Subsection (b) of section 10-153d of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The local or regional board of education and the organization designated or elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate. For purposes of this subsection and sections 10-153a, 10-153b AND 10-153e to 10-153g, inclusive, [10-257b and 10-257e] AS AMENDED, (1) "hours" shall not include the length of the student school year; the scheduling of the student school year; the length of the student school day; the length and number of parent-teacher conferences; and the scheduling of the student school day, except for the length and the scheduling of teacher lunch periods and teacher preparation periods and (2) "other conditions of employment" shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj. Such negotiations shall commence not less than two hundred ten days prior to the budget submission date. Any local board of education shall file forthwith a signed copy of any contract with the town clerk and with the Commissioner of Education. Any regional board of education shall file forthwith a signed copy of any such contract with the town clerk in each member town and with the Commissioner of Education. Upon receipt of a signed copy of such contract the clerk of such town shall give public notice of such filing. The terms of such contract shall be binding on the legislative body of the local or regional school district, unless such body rejects such contract at a regular or special meeting called and convened for such purpose within thirty days of the filing of the contract. If a vote on such contract is petitioned for in accordance with the provisions of section 7-7, in order to reject such contract, a minimum number of those persons eligible to vote equal to fifteen per cent of the electors of such local or regional school district shall be required to participate in the voting and a majority of those voting shall be required to reject. Any regional board of education shall call a district meeting to consider such contract within such thirty-day period if the chief executive officer of any member town so requests in writing within fifteen days of the receipt of the signed copy of the contract by the town clerk in such town. The body charged with making annual appropriations in any school district shall appropriate to the board of education whatever funds are required to implement the terms of any contract not rejected pursuant to this section. All organizations seeking to represent members of the teaching profession shall be accorded equal treatment with respect to access to teachers, principals, members of the board of education, records, mail boxes and school facilities and, in the absence of any recognition or certification as the exclusive representative as provided by section 10-153b, participation in discussions with respect to salaries, hours and other conditions of employment.

Sec. 15. Section 10-203 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

[Each schoolhouse shall be kept in a clean and sanitary condition and shall be provided with a sufficient number of suitable flush toilets, adequately screened and ventilated, and adjacent handwashing facilities for the use of the pupils attending such school. Toilet facilities shall be so located as to be readily supervised by adult staff or shall be in separate rooms for boys and girls. Whenever it is found by the State Board of Education, or by the board of education of the school district in which any schoolhouse is located, that further or different sanitary provisions or means of lighting or ventilating are required in any schoolhouse, and that the same can be provided without unreasonable expense, either of said boards may recommend to the person or authority in charge of or controlling such schoolhouse such change in the ventilation, lighting or sanitary arrangements of such schoolhouse as they deem necessary. If such changes are not made substantially as recommended within a reasonable time from the date of notice thereof, the State Board of Education or the local or regional board of education may make complaint to the Department of Public Health, which shall, after notice to and hearing of the parties interested, order such changes made in the lighting, ventilation or sanitary arrangements of such schoolhouse as it deems necessary. The local director of health shall supervise the sanitation in any school cafeteria. Each schoolhouse shall be provided with a safe and adequate water supply. The word "schoolhouse" shall include any buildings or premises in which instruction is afforded to not less than ten pupils at one time.] EACH LOCAL AND REGIONAL BOARD OF EDUCATION SHALL MAINTAIN THE FACILITIES UNDER ITS JURISDICTION IN ACCORDANCE WITH THE APPLICABLE PUBLIC HEALTH STATUTES AND REGULATIONS ADOPTED BY THE COMMISSIONER OF PUBLIC HEALTH.

Sec. 16. Subsection (a) of section 10-204a of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education, or similar body governing a nonpublic school or schools, shall require each child to be protected by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other vaccine required by the schedule for active immunization adopted pursuant to section 19a-7f AS AMENDED before being permitted to [attend] ENROLL IN any PROGRAM OPERATED BY A public or nonpublic [elementary or secondary] school under its jurisdiction. Before being permitted to enter seventh grade, a child shall receive a second immunization against measles. Any such child who (1) presents a certificate from a physician or local health agency stating that initial immunizations have been given to such child and additional immunizations are in process under guidelines and schedules specified by the Commissioner of Public Health; or (2) presents a certificate from a physician stating that in the opinion of such physician, such immunization is medically contraindicated because of the physical condition of such child; or (3) presents a statement from the parents or guardian of such child that such immunization would be contrary to the religious beliefs of such child; or (4) in the case of measles, mumps or rubella, presents a certificate from a physician or from the director of health in such child's present or previous town of residence, stating that the child has had a confirmed case of such disease; or (5) in the case of hemophilus influenzae type B has passed his fifth birthday or (6) in the case of pertussis, has passed his sixth birthday, shall be exempt from the appropriate provisions of this section.

Sec. 17. Subsection (c) of section 10-220 of the general statutes, as amended by section 6 of public act 95-182, is repealed and the following is substituted in lieu thereof:

(c) [(1)] By November 1, 1994, and annually thereafter, each local and regional board of education shall submit to the Commissioner of Education a strategic school profile report for each school under its jurisdiction and for the school district as a whole. The superintendent of each local and regional school district shall present the profile report at the next regularly scheduled public meeting of the board of education after each such November first. The profile report [shall be developed in accordance with a uniform format established by the state Department of Education pursuant to subdivision (2) of this subsection and] shall provide information on measures of [(A)] (1) student needs, [(B)](2) school resources and [(C)] (3) student and school performance. [(2) Not later than February 1, 1991, the state Department of Education shall report to the joint standing committee of the General Assembly having cognizance of matters relating to education on (A) the measures to be included in the strategic school profile report pursuant to subdivision (1) of this subsection, (B) a uniform format for the report, (C) a plan to implement the issuance of such reports and (D) a process for local and regional boards of education to analyze such reports and to improve school and student performance. In carrying out the provisions of this subsection the department shall, to the maximum extent possible, utilize the most readily available measures of student needs, school resources and student and school performance and shall meet and consult with an advisory committee appointed by the Commissioner of Education which shall be representative of the public, parents, classroom teachers, paraprofessionals, school administrators, school superintendents, local and regional boards of education and business and industry in the state. The chairperson of the advisory committee shall be designated by the Commissioner of Education and shall be a member of a local or regional board of education. The cochairpersons of the Connecticut School-Business Forum established pursuant to section 10-21d and the chairperson of the Advisory Council for Teacher Professional Standards established pursuant to section 10-144d shall be ex-officio members of the advisory committee established pursuant to this subdivision.]

Sec. 18. Subsection (a) of section 10-233c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any local or regional board of education may authorize the administration of the schools under its direction to suspend from school privileges any pupil whose conduct ON SCHOOL GROUNDS OR AT A SCHOOL SPONSORED ACTIVITY IS VIOLATIVE OF A PUBLICIZED POLICY OF SUCH BOARD OR IS SERIOUSLY DISRUPTIVE OF THE EDUCATIONAL PROCESS OR endangers persons or property or WHOSE CONDUCT OFF SCHOOL GROUNDS IS VIOLATIVE OF SUCH POLICY AND is seriously disruptive of the educational process [4m. [0m [or whose conduct is violative of a publicized policy of such board.] Any such board may authorize the administration to suspend transportation services for any pupil whose conduct while awaiting or receiving transportation to and from school endangers persons or property or is violative of a publicized policy of such board. Unless an emergency exists, no pupil shall be suspended without an informal hearing by the administration, at which such pupil shall be informed of the reasons for the disciplinary action and given an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more formal hearing from being held if the circumstances surrounding the incident so require, and further provided no pupil shall be suspended more than ten times or a total of fifty days in one school year, whichever results in fewer days of exclusion, unless such pupil is granted a formal hearing pursuant to sections 4-176e to 4-180a, inclusive, AS AMENDED and section 4-181a. If an emergency situation exists, such hearing shall be held as soon after the suspension as possible.

Sec. 19. Subsection (a) of section 10-233d of the general statutes, as amended by section 5 of public act 95-304, is repealed and the following is substituted in lieu thereof:

(a) (1) Any local or regional board of education, at a meeting at which three or more members of such board are present, or the impartial hearing board established pursuant to subsection (b) of this section, may expel, subject to the provisions of this subsection, any pupil whose conduct ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED ACTIVITY IS VIOLATIVE OF A PUBLICIZED POLICY OF SUCH BOARD OR IS SERIOUSLY DISRUPTIVE OF THE EDUCATIONAL PROCESS OR endangers persons or property or whose conduct [on or] off school grounds is VIOLATIVE OF SUCH POLICY AND IS seriously disruptive of the educational process, [or is violative of a publicized policy of such board,] provided a majority of the board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. (2) Expulsion proceedings pursuant to this section, except as provided in subsection (i) of this section shall be required whenever there is reason to believe that any pupil (A) ON SCHOOL GROUNDS OR AT A SCHOOL SPONSORED ACTIVITY was in possession of a firearm AS DEFINED IN 18 USC 921, AS AMENDED FROM TIME TO TIME or deadly weapon DANGEROUS INSTRUMENT OR MARTIAL ARTS WEAPON, as defined in section 53a-3 [in violation of section 29-35 or 53-206, and such] AS AMENDED, (B) OFF SCHOOL GROUNDS, DID POSSESS SUCH A FIREARM IN VIOLATION OF SECTION 29-35 OR DID POSSESS AND USE SUCH A FIREARM, INSTRUMENT OR WEAPON IN THE COMMISSION OF A CRIME UNDER CHAPTER 952, OR (C) ON OR OFF SCHOOL GROUNDS, OFFERED FOR SALE OR DISTRIBUTION A CONTROLLED SUBSTANCE, AS DEFINED IN SUBDIVISION (9) OF SECTION 21a-240, WHOSE MANUFACTURE, DISTRIBUTION, SALE, PRESCRIPTION, DISPENSING, TRANSPORTING OR POSSESSING WITH INTENT TO SELL OR DISPENSE, OFFERING, OR ADMINISTERING IS SUBJECT TO CRIMINAL PENALTIES UNDER SECTIONS 21a-277 AND 21a-278. SUCH A pupil shall be expelled for one calendar year if the local or regional board of education or impartial hearing board finds that the pupil did so possess OR SO POSSESS AND USE, AS APPROPRIATE such a firearm INSTRUMENT or weapon OR DID SO OFFER FOR SALE OR DISTRIBUTION SUCH A CONTROLLED SUBSTANCE, provided the board of education or the hearing board may modify the period of expulsion for a pupil on a case by case basis. (3) Unless an emergency exists, no pupil shall be expelled without a formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, AS AMENDED and section 4-181a, provided whenever such pupil is a minor, the notice required by section 4-177 and section 4-180 AS AMENDED shall also be given to the parents or guardian of the pupil. If an emergency exists, such hearing shall be held as soon after the expulsion as possible.

Sec. 20. Subsection (e) of section 10-233d of the general statutes, as amended by section 5 of public act 95-304, is repealed and the following is substituted in lieu thereof:

(e) Notwithstanding the provisions of subsection (d) of this section concerning the provision of an alternative educational opportunity for pupils between the ages of sixteen and eighteen, local and regional boards of education shall not be required to offer such alternative to any pupil between the ages of sixteen and eighteen who is expelled because of conduct which endangers persons if it is determined at the expulsion hearing that the conduct for which the pupil is expelled involved (1) [carrying] POSSESSION OF a firearm, AS DEFINED IN 18 USC 921, AS AMENDED FROM TIME TO TIME, OR deadly weapon [or] dangerous instrument OR MARTIAL ARTS WEAPON, as defined in section 53a-3, AS AMENDED on [, or introducing such firearm, deadly weapon or dangerous instrument onto] school property or at a school-sponsored activity or (2) offering for sale or distribution on school property or at a school-sponsored activity a controlled substance, as defined in subdivision (9) of section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under sections 21a-277 and 21a-278. If a pupil is expelled pursuant to this section for possession of a firearm or deadly weapon the board of education shall report the violation to the local police department or in the case of a student enrolled in a regional vocational-technical school to the state police. If a pupil is expelled pursuant to this section for the sale or distribution of such a controlled substance, the board of education shall refer the pupil to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action. Whenever a local or regional board of education notifies a pupil between the ages of sixteen and eighteen or the parents or guardian of such pupil that an expulsion hearing will be held, the notification shall include a statement that the board of education is not required to offer an alternative educational opportunity to any pupil who is found to have engaged in the conduct described in this subsection.

Sec. 21. Subsection (f) of section 10-233d of the general statutes, as amended by section 5 of public act 95-304, is repealed and the following is substituted in lieu thereof:

(f) Whenever a pupil is expelled pursuant to the provisions of this section, notice of the expulsion and the conduct for which the pupil was expelled shall be included on the pupil's cumulative educational record. Such notice, except for notice of an expulsion based on possession of a firearm or deadly weapon as described in subsection (a) of this section, shall be expunged from the cumulative educational record by the local or regional board of education if a pupil [(1)] graduates from high school [or (2) is not expelled again or suspended one or more times during the two-year period commencing on the date of his return to school from such expulsion.]

Sec. 22. Section 10-261 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whenever used in this section and section 10-263: (1) "Public schools" means nursery schools, kindergartens and grades one to twelve, inclusive; (2) "Average daily membership" means the number of all pupils of the local or regional board of education enrolled in public schools at the expense of such board of education on October first or the full school day immediately preceding such date, provided the number so obtained shall be reduced by one one-hundred-eightieth for each full school day by which the board of education fails to maintain a school year of one hundred eighty days and shall be increased by one one-hundred-eightieth for each full school day by which the board of education maintains a school year beyond one hundred eighty days, and be increased by the aggregate days of membership of all pupils of the town attending school at the expense of the town during the summer session divided by one hundred eighty, except that if a board of education has implemented scheduling of school sessions year-round, the State Board of Education may adjust the number so that no loss or gain in state aid occurs because of the type of scheduling used; "enrolled" shall include pupils who are scheduled for vacation on the above dates and who are expected to return to school as scheduled; (3) "Net current expenditures" means total current educational expenditures, less expenditures for (A) pupil transportation; (B) capital expenditures for land, buildings, equipment otherwise supported by a state grant pursuant to chapter 173 and debt service, provided that, with respect to debt service, commencing with the fiscal year ending June 30, 1987, the principal amount of any debt incurred to pay an expense otherwise includable in net current expenditures may be included as part of net current expenditures in annual instalments in accordance with a schedule approved by the state Department of Education based upon substantially equal principal payments over the life of the debt; (C) adult education; (D) health and welfare services for nonpublic school children; (E) all tuition received on account of nonresident pupils; (F) food services directly attributable to state and federal aid for child nutrition and to receipts derived from the operation of such services; and (G) student activities directly attributable to receipts derived from the operation of such services, except that the town of Woodstock may include as part of the current expenses of its public schools for each school year the amount expended for current expenses in that year by Woodstock Academy from income from its endowment funds upon receipt from said academy of a certified statement of such current expenses, and except that the town of Winchester may include as part of the current expenses of its public schools for each school year the amount expended for current expenses in that year by The Gilbert School from income from its endowment funds upon receipt from said school of a certified statement of such current expenses; (4) "Adjusted equalized net grand list" means the equalized net grand list of a town multiplied by the ratio of the per capita income of the town to the per capita income of the town at the one hundredth percentile among all towns in the state ranked from lowest to highest in per capita income; (5) "Adjusted equalized net grand list per capita" means the equalized net grand list divided by the total population of a town multiplied by the ratio of the per capita income of the town to the per capita income of the town at the one hundredth percentile among all towns in the state ranked from lowest to highest in per capita income; (6) "Equalized net grand list", for purposes of calculating the amount of grant or allocation to which any town is entitled, means the net grand list of such town upon which taxes were levied for the general expenses of such town three years prior to the fiscal year in which such grant is to be paid, equalized in accordance with section 10-261a; (7) "Total population" of a town means that enumerated in the most recent federal decennial census of population or that enumerated in the current population report series issued by the United States Department of Commerce, Bureau of the Census available on January first of the fiscal year two years prior to the fiscal year in which a grant is to be paid or an allocation is to be made, whichever is most recent; except that any town whose enumerated population residing in state and federal institutions within such town and attributed to such town by the census exceeds forty per cent of such "total population" shall be counted as follows: Those persons who are incarcerated or in custodial situations, including, but not limited to jails, prisons, hospitals or training schools or those persons who reside in dormitory facilities in schools, colleges, universities or on military bases shall not be counted in the "total population" of a town; (8) "Per capita income" for each town means that enumerated in the most recent federal decennial census of population or that enumerated in the current population report series issued by the United States Department of Commerce, Bureau of the Census available on January first of the fiscal year two years prior to the fiscal year in which a grant is to be paid or an allocation is to be made, whichever is most recent; (9) "School tax rate" means the net current local educational expenditures of the fiscal year three years prior to that in which a grant is to be paid or an allocation is to be made, divided by a town's adjusted equalized net grand list [;] [(10) "Net current local educational expenditures" means an amount equal to the net current expenditures of a town plus expenditures for pupil transportation, minus all expenditures of state and federal aid for education not otherwise excluded, and expenditures of funds from private and other sources.]

(b) Nothing in subsection (a) of this section shall be construed to in any way penalize those towns which have not adopted the uniform fiscal year.

[(c) For purposes of sections 10-14q, 10-15c, 10-16, 10-16b, 10-42, subsection (a) of section 10-43, sections 10-47b, 10-53, 10-54, 10-66i, 10-71, 10-76d, subsection (h) of section 10-76f, sections 10-76g, 10-76m, 10-76o, 10-97, 10-220, 10-227, 10-261, 10-263, 10-266j, 10-266m, 10-273a, 10-277 and 10-280a, net current expenditures and net current local educational expenditures of a town shall include only such items of expenditure and be determined in accordance with uniform procedures, as provided in regulations which shall be adopted by the State Board of Education in accordance with the provisions of chapter 54.

(d)] (c) If a town conducts a census, verified by the United States Department of Commerce, Bureau of the Census, that indicates a greater than twenty per cent difference in population, as calculated pursuant to this subsection, such updated census shall be used in determining such town's total population pursuant to subsection (a) of this section. The applicability of this subsection shall be determined by calculating (1) the difference between the town's last decennial census population and the census updated and verified by the Bureau of the Census times (2) the number of years between the last decennial census and the data year upon which the total population is computed pursuant to subsection (a) of this section, divided by the number of years between the last decennial census and the year in which the updated census was conducted. The product shall then be added to the town population from the last decennial census. Any town that seeks revision of its total population figures under this subsection shall make application to the Commissioner of Education on or before January first of the fiscal year two years prior to the fiscal year in which a grant is to be paid or an allocation is to be made.

Sec. 23. Subdivision (20) of section 10-262f of the general statutes, as amended by section 1 of public act 95-226, is repealed and the following is substituted in lieu thereof:

(20) "Regular program expenditures" means (A) total current educational expenditures less (B) expenditures for (i) special education programs pursuant to subsection (h) of section 10-76f, (ii) pupil transportation eligible for reimbursement pursuant to section 10-266m, (iii) land and capital building expenditures, and equipment otherwise supported by a state grant pursuant to chapter 173, including debt service, provided, with respect to debt service, the principal amount of any debt incurred to pay an expense otherwise includable in regular program expenditures may be included as part of regular program expenditures in annual instalments in accordance with a schedule approved by the state Department of Education based upon substantially equal principal payments over the life of the debt, (iv) health services for nonpublic school children, (v) adult education, (C) expenditures directly attributable to (i) state grants received by or on behalf of school districts except grants for the categories of expenditures listed in subparagraphs (B) (i) to (B) (v), inclusive, of this subdivision and except grants received pursuant to section 10-262i [,] AND section 10-262c of the general statutes, revision of 1958, revised to January 1, 1987, [sections 10-257b to 10-257d, inclusive, and section 10-257f] and except grants received pursuant to chapter 173, (ii) federal grants received by or on behalf of school districts except for adult education and federal impact aid and (iii) receipts from the operation of child nutrition services and student activities services, (D) expenditures of funds from private and other sources and (E) tuition received on account of nonresident students. The town of Woodstock may include as part of the current expenses of its public schools for each school year the amount expended for current expenses in that year by Woodstock Academy from income from its endowment funds upon receipt from said academy of a certified statement of such current expenses.

Sec. 24. Subdivision (29) of section 10-262f of the general statutes, as amended by section 1 of public act 95-226, is repealed and the following is substituted in lieu thereof:

(29) "Base revenue" for the fiscal year ending June 30, 1995, means the sum of the grant entitlements for the fiscal year ending June 30, 1995, of a town pursuant to section 10-262h AS AMENDED and subsection (a) of section 10-76g, AS AMENDED including its proportional share, based on [resident student counts] ENROLMENT, of the revenue paid pursuant to section 10-76g, AS AMENDED to the regional district of which the town is a member, and for each fiscal year thereafter means the amount of each town's entitlement pursuant to section 10-262h AS AMENDED minus its density supplement, as determined pursuant to subdivision (6) of subsection (a) of section 10-262h AS AMENDED.

Sec. 25. Section 10-283a of the general statutes is repealed and the following is substituted in lieu thereof:

[The board shall prepare regulations with respect to standards and categories for school building projects for which applications for state assistance are submitted pursuant to section 10-283.] A committee to review the listing of eligible school building projects submitted pursuant to [said] section 10-283 shall be appointed annually on or before July first consisting of eight persons who are members of the General Assembly at the time of their appointment as follows: Two persons each appointed by the speaker of the House of Representatives, the minority leader of the House of Representatives, the president pro tempore of the Senate and the minority leader of the Senate. The listing of eligible projects by category shall be submitted to said committee prior to December fifteenth annually to determine if said listing is in compliance with the categories described in subsection (a) of section 10-283, and existing standards established by the State Board of Education pursuant to said regulations. The committee may modify the listing if it finds that the Commissioner of Education acted in an arbitrary or unreasonable manner in establishing the listing. Such modified listing shall be in compliance with said standards and categories. Prior to February first annually, the committee shall submit the approved or modified listing of projects to the governor and the General Assembly.

Sec. 26. Subsection (b) of section 10-285a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The percentage of school building project grant money a regional board of education may be eligible to receive under the provisions of section 10-286 shall be determined by its ranking. Such ranking shall be determined by (1) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subsection (a) of this section, (2) adding together the figures determined under (1), and (3) dividing the total computed under (2) by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank. IN THE CASE OF A SCHOOL BUILDING PROJECT (A) IN A SECONDARY REGIONAL SCHOOL DISTRICT, SUCH REIMBURSEMENT PERCENTAGE SHALL BE INCREASED BY FIVE PER CENT AND (B) IN A REGIONAL SCHOOL DISTRICT ACCOMMODATING PUPILS IN KINDERGARTEN TO GRADE TWELVE, INCLUSIVE, SUCH REIMBURSEMENT PERCENTAGE SHALL BE INCREASED BY TEN PER CENT, EXCEPT THAT NO SUCH PERCENTAGE SHALL EXCEED EIGHTY-FIVE PER CENT.

Sec. 27. Section 10-285b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) For the fiscal year ending June 30, 1987, Woodstock Academy may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter [, if said academy meets all of the requirements set forth in this section and section 10-36.] (2) Except as provided in subdivision (1) of this subsection, any incorporated or endowed high school or academy approved by the State Board of Education pursuant to section 10-34 may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter [, if such high school or academy meets all of the requirements set forth in this section and section 10-36.] (3) Applications pursuant to this subsection shall be filed at such time and on such forms as the state Department of Education prescribes. The Commissioner of Education shall approve such applications pursuant to the provisions of section 10-284 AS AMENDED deemed applicable by the state Department of Education.

(b) In the case of a school building project, as defined in subdivision (1) of subsection (c) of section 10-282, the amount of the grant approved by said commissioner shall be computed pursuant to the provisions of subdivision (3) of subsection (a) of section 10-286, AS AMENDED BY SECTION 28 OF THIS ACT and in the case of an administrative or service facility the amount of the grant approved by said commissioner shall be computed as one-half of the eligible percentage, as determined for school building projects computed pursuant to the provisions of said subdivision (3) of subsection (a) of section 10-286, AS AMENDED BY SECTION 28 OF THIS ACT of the eligible project cost, provided that the percentage of eligible costs shall be determined pursuant to subsection (c) of this section. The calculation of the grant pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of final grant calculation. In the case of projects to correct code violations, as defined in subsection (g) of section 10-282, the amount of the grant approved by said commissioner shall be computed in the manner specified for a secondary regional school district pursuant to subdivision (8) of subsection (a) of section 10-286 AS AMENDED BY SECTION 28 OF THIS ACT provided that the percentage of eligible costs shall be determined pursuant to subsection (c) of this section. For purposes of calculating grants pursuant to this subsection "eligible project costs" shall include interest on obligations issued by any incorporated or endowed high school or academy, approved by the State Board of Education pursuant to section 10-34, for school building projects authorized pursuant to this section. Grant payments shall be made in accordance with this chapter, as deemed applicable by the state Department of Education.

(c) (1) The percentage of school building project grant money Woodstock Academy may be eligible to receive for school construction projects for which application was made in the fiscal year ending June 30, 1987, under the provisions of subsection (b) of this section shall be determined by its ranking. The ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, AS AMENDED BY SECTION 28 OF THIS ACT of each town which subsequent to October 1, 1985, and prior to October 1, 1986, designates Woodstock Academy as the high school for such town for a period of not less than five years, by such town's percentile ranking, as determined in subsection (a) of section 10-285a, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate Woodstock Academy as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Woodstock Academy shall receive the same reimbursement percentage as would a town with the same rank. (2) Except as provided in subdivision (1) of this subsection, the percentage of school building project grant money each incorporated or endowed high school or academy may be eligible to receive under the provisions of subsection (b) of this section shall be determined by its ranking. The ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, AS AMENDED BY SECTION 22 OF THIS ACT of each town which at the time of application for such school construction grant commitment has designated such school as the high school for such town for a period of not less than five years from the date of such application, by such town's percentile ranking, as determined in subsection (a) of section 10-285a, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate the school as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subdivision shall be rounded to the next higher whole number. Such high school or academy shall receive the same reimbursement percentage as would a town with the same rank.

(d) (1) In order for Woodstock Academy to be eligible for a grant commitment pursuant to this section for the fiscal year ending June 30, 1987, said academy shall (A) provide educational facilities to the town or towns designating it as the high school for such town or towns for a period commencing on June 5, 1986, and not less than ten years after completion of grant payments under this section [and section 10-36] and (B) provide that at least half of its executive committee, exclusive of the president, be representatives of the board or boards of education designating Woodstock Academy as the high school for each such board's town. (2) Except as provided in subdivision (1) of this subsection, in order for an incorporated or endowed high school or academy to be eligible for a grant commitment pursuant to this section such high school or academy shall (A) provide educational services to the town or towns designating it as the high school for such town or towns for a period of not less than ten years after completion of grant payments under this section and (B) provide that at least half of the governing board which exercises final educational, financial and legal responsibility for the high school or academy, exclusive of the chairman of such board, be representatives of the board or boards of education designating the high school or academy as the high school for each such board's town.

Sec. 28. Subsection (a) of section 10-286 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The amount of the grant approved by the Commissioner of Education under the provisions of this chapter for any completed school building project shall be computed as follows: (1) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in the case of a new school plant, an extension of an existing school building or projects involving the major alteration of any existing building to be used for school purposes, the eligible percentage, as determined in [subsection (a) of] section 10-285a, AS AMENDED BY SECTION 26 OF THIS ACT of the result of multiplying together the number representing the highest projected enrolment, based on data acceptable to the Commissioner of Education, for such building during the eight-year period from the date a local or regional board of education files a notification of a proposed school building project with the state Department of Education, the number of gross square feet per pupil determined by the Commissioner of Education to be adequate for the kind of educational program or programs intended, and the eligible cost of such project, divided by the gross square feet of such building, or the eligible percentage, as determined in [subsection (a) of] section 10-285a, AS AMENDED BY SECTION 26 OF THIS ACT of the eligible cost of such project, whichever is less, provided, (A) any such project on which construction was started prior to July 1, 1975, shall be reimbursed under the formula in effect prior to said date, (B) any such project on which construction or payments under this chapter were started after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon the data, submitted for each such project and accepted by the state Department of Education during said period, representing the number of pupils the plant was designed to accommodate, (C) any project for which final grant calculation has been made after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon such final calculation and (D) any such project for which estimated grant payments were begun prior to July 31, 1983, shall be reimbursed based upon the calculation formula used in making such estimated grant payments; (2) In case of [projects involving improvements to the site of an existing building, or] projects involving the purchase of an existing building to be used for school purposes, the eligible percentage, as determined in [subsection (a) of] section 10-285a, AS AMENDED BY SECTION 26 OF THIS ACT of the eligible cost as determined by the Commissioner of Education; [(3) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in the case of a school building project in a secondary regional school district, the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional five per cent, but in no case in excess of eighty-five per cent of the result of multiplying together the number representing the highest projected enrolment, based on data acceptable to the Commissioner of Education, for such building during the eight-year period from the date a local or regional board of education files a notification of a proposed school building project with the state Department of Education, the number of gross square feet per pupil determined by the Commissioner of Education to be adequate for the kind of educational program or programs intended, and the eligible cost of such project, divided by the gross square feet of such building, or the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional five per cent, but in no case in excess of eighty-five per cent of the eligible cost of such project, whichever is less, provided, any such project on which construction was started prior to July 1, 1975, shall be reimbursed under the formula in effect prior to said date, and, provided further, any such project on which construction or payments under this chapter were started after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon the data, submitted for each such project and accepted by the state Department of Education during said period, representing the number of pupils the plant was designed to accommodate, and any project for which final grant calculation has been made after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon such final calculation; (4) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in the case of a school building project in a regional school district providing accommodations for pupils in kindergarten through grade twelve for all participating towns, the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional ten per cent, but in no case in excess of eighty-five per cent of the result of multiplying together the number representing the highest projected enrolment, based on data acceptable to the Commissioner of Education, for such building during the eight-year period from the date a local or regional board of education files a notification of a proposed school building project with the state Department of Education, the number of gross square feet per pupil determined by the Commissioner of Education to be adequate for the kind of educational program or programs intended, and the eligible cost of such project, divided by the gross square feet of such building, or the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional ten per cent, but in no case in excess of eighty-five per cent of the cost of such project, whichever is less, provided, any such project on which construction was started prior to July 1, 1975, shall be reimbursed under the formula in effect prior to said date, and provided further, any such project on which construction or payments under this chapter were started after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon the data, submitted for each such project and accepted by the state Department of Education during said period, representing the number of pupils the plant was designed to accommodate, and any project for which final grant calculation has been made after June 30, 1975, but prior to July 31, 1983, shall be reimbursed based upon such final calculation; and provided further that if] (3) IF any school building project described in subdivisions (1) [to (4), inclusive,] AND (2) of this subsection, includes the construction, extension or major alteration of outdoor athletic facilities, tennis courts or a natatorium, gymnasium or auditorium, the grant for the construction of such outdoor athletic facilities, tennis courts and natatorium shall be limited to one-half of the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of the net eligible cost of construction thereof; the grant for the construction of an area of spectator seating in a gymnasium shall be one-half of the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of the net eligible cost of construction thereof; and the grant for the construction of the seating area in an auditorium shall be limited to one-half of the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of the net eligible cost of construction of the portion of such area that seats one-half of the projected enrolment of the building, as defined in subdivision (1) of this subsection, which it serves; [(5)] (4) In the case of a regional vocational agriculture center OR THE PURCHASE OF EQUIPMENT pursuant to subsection (a) of section 10-65 AS AMENDED or a regional special education facility pursuant to section 10-76e, AS AMENDED an amount equal to the [net] eligible cost of such project, as determined by the Commissioner of Education [, except that in the case of projects solely for the purchase of equipment for a regional vocational agriculture center pursuant to subsection (a) of section 10-65, an amount equal to the eligible cost of such project as determined by the Commissioner of Education;] [(6)] (5) In the case of a public school administrative or service facility, one-half of the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of this subsection of the eligible project cost as determined by the Commissioner of Education, or in the case of a regional educational service center administrative or service facility, the eligible percentage, as determined pursuant to subsection (c) of section 10-285a, of the eligible project cost as determined by the commissioner; [(7)] (6) In the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for at least twenty years, or in the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town is prohibited from recovery of damages or has no other recourse at law or in equity, the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of this subsection, of the eligible cost as determined by the Commissioner of Education. In the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town has recourse at law or in equity and recovers less than such eligible cost, the eligible percentage for subdivisions (1) [to (4), inclusive,] AND (2) of this subsection of the difference between such recovery and such eligible cost; [(8)] (7)For the fiscal year ending June 30, 1984, and for each fiscal year thereafter, in the case of projects to correct code violations, the eligible percentage, as determined in [subsection (a) of] section 10-285a, AS AMENDED BY SECTION 26 OF THIS ACT of the eligible cost as determined by the Commissioner of Education [provided, in the case of a code violation project in a secondary regional school district, the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional five per cent, but in no case in excess of eighty-five per cent of such cost, and, provided further, in the case of a code violation project in a regional school district for pupils in kindergarten through grade twelve for all participating towns, the eligible percentage, as determined in subsection (b) of section 10-285a, plus an additional ten per cent, but in no case in excess of eighty-five per cent of such cost;] [(9)] (8)Commencing with applications filed on or after July 1, 1991, in the case of a project involving the lease of a facility by a regional educational service center for use in furnishing educational programs and services, the eligible percentage, as determined pursuant to subsection (c) of section 10-285a, of the eligible project cost as determined by the Commissioner of Education. Grants pursuant to this subdivision shall be paid on a current year basis if the regional educational service center files an application to lease a facility with the state Department of Education on or before August first of each year. No such facility or portion thereof may be eligible for a grant unless the local fire marshal has declared the facility suitable for occupancy as a facility for use in furnishing educational programs and services. Eligible cost pursuant to this subdivision shall be limited to the lease cost of the building net of any other costs. Grant payments shall be made as follows: Twenty-five per cent of the estimated cost in October, twenty-five per cent of the estimated cost in January, and the balance of the estimated cost in April. The actual cost will be reported on or before September first following the year of application on the end of school year report filed by each regional educational service center. If the Commissioner of Education determines that there has been an underpayment or overpayment in a grant made pursuant to this subdivision, the commissioner shall calculate the amount of the underpayment or overpayment and shall adjust the amount of the grant payment for the fiscal year next following the fiscal year in which such underpayment or overpayment was made. The amount of the adjustment shall be equal to the amount of the underpayment or overpayment. If the amount of the overpayment exceeds the grant payment for the fiscal year next following the fiscal year in which such overpayment was made, the regional educational service center shall, upon the request of the commissioner, pay the department the difference. Any lease pursuant to this subdivision shall be for a period not to exceed twenty years. In no event shall the reimbursement pursuant to this subdivision be based upon a cost per square foot which exceeds the cost determined to be reasonable by the Commissioner of Education.

Sec. 29. Subdivision (2) of subsection (b) of section 10-286 of the general statutes is repealed and the following is substituted in lieu thereof: (2) In the case of any grants computed under this section for a school building project authorized pursuant to section 10-283 after July 1, 1979, any federal funds OR OTHER STATE FUNDS received for such school building project shall be deducted from project [cost estimates] COSTS prior to computation of the grant.

Sec. 30. Subsection (a) of section 10-292 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Upon receipt by the Commissioner of Education of the final plans for any phase of a school building project as provided in section 10-291, said commissioner shall promptly review such plans and check them to the extent appropriate for the phase of development or construction for which final plans have been submitted to determine whether they conform with the requirements of the State Fire SAFETY Code, the Department of Public Health, the life-cycle cost analysis approved by the Commissioner of Public Works, the State Building Code and the state and federal standards for design and construction of public buildings to meet the needs of disabled persons, and if acceptable a final written approval of such phase shall be sent to the town or regional board of education and the school building committee. No phase of a school building project, subject to the provisions of subsection (c) of this section, shall go out for bidding purposes prior to such written approval.

Sec. 31. Subsection (a) of section 10a-22f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, may be revoked by the Commissioner of Higher Education if such school (1) ceases to meet the conditions of its authorization; (2) commits a material or substantial violation of sections 10a-22a to 10a-22k, inclusive, or 10a-22u to 10a-22w, inclusive, or the regulations prescribed thereunder; (3) makes a false statement about a material fact in application for authorization; or (4) fails to make a required payment to the [default assurance fund] PRIVATE OCCUPATIONAL SCHOOL STUDENT PROTECTION ACCOUNT pursuant to section 10a-22u AS AMENDED.

Sec. 32. Subsection (b) of section 10a-99 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Board of Trustees of the Connecticut State University System shall establish and administer a fund to be known as the Connecticut State University System Operating Fund. Appropriations from general revenues of the state except the amount of the appropriation for operating expenses to be used for personal services and the appropriations for fringe benefits pursuant to subsection (a) of section 4-73, and all tuition revenue received by the Connecticut State University system in accordance with the provisions of subsection (a) of this section shall be deposited in said fund. Income from student fees or related charges, the proceeds of auxiliary activities and business enterprises, gifts and donations, federal funds and grants [for purposes other than research] SUBJECT TO THE PROVISIONS OF SECTIONS 10a-98 TO 10a-98g, INCLUSIVE and all receipts derived from the conduct by a state university of its education extension program and its summer school session shall be credited to said fund but shall be allocated to the central office and institutional operating accounts which shall be established and maintained for the central office and each state university. ANY SUCH GIFTS AND DONATIONS, FEDERAL FUNDS AND GRANTS FOR PURPOSES OF RESEARCH SHALL BE ALLOCATED TO SEPARATE ACCOUNTS WITHIN SUCH CENTRAL OFFICE AND INSTITUTIONAL OPERATING ACCOUNTS. The board of trustees shall establish an equitable policy for allocation of appropriations from general revenues of the state and tuition revenue deposited in the Connecticut State University System Operating Fund. At the beginning of each quarter of the fiscal year, the board shall allocate and transfer, in accordance with said policy, moneys for expenditure in such institutional operating accounts, exclusive of amounts retained for central office operations and reasonable reserves for future distribution. All costs of waiving or remitting tuition pursuant to subsection (e) of this section shall be charged to the Connecticut State University System Operating Fund. Repairs, alterations or additions to facilities supported by the Connecticut State University System Operating Fund and costing one million dollars or more shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Any balance of receipts above expenditures shall remain in said fund, except such sums as may be required for deposit into a debt service fund or the General Fund for further payment by the Treasurer of debt service on general obligation bonds of the state issued for purposes of the Connecticut State University system.

Sec. 33. Subsection (a) of section 10a-151b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding the provisions of chapter 58, and sections 4-98, 4a-4, AS AMENDED4a-5 [and] 4a-6, [and section] 16a-110 AS AMENDED, AND 16a-118, AS AMENDED to the contrary, a chief executive officer may purchase equipment, supplies and contractual services, execute personal service agreements as defined in section 4-212, or lease personal property compatible, where relevant, with standards for computer architecture established by the Office of Information and Technology, without the approval of the Comptroller, the Commissioner of Administrative Services or the executive director of the Office of Information and Technology provided such purchases are made in accordance with this section and in accordance with policies which are (1) adopted by the board of trustees of the constituent unit after reasonable opportunity for interested persons to present their views, and (2) subject to section 4-175. For purposes of this section, "chief executive officer" means the chief executive officer of a constituent unit of the state system of higher education or the chief executive officer of an institution within the jurisdiction of such a constituent unit. The provisions of sections 4-210 and 4-212 to 4-219, inclusive, and section 9 of public act 93-336 shall not apply to personal service agreements executed pursuant to this section.

Sec. 34. Section 10a-151b of the general statutes is amended by adding subsection (h) as follows:

(NEW) (h) Nothing in this section shall be construed to prevent a constituent unit from entering into a corporate sponsorship agreement which contains provisions for the barter of goods and services, provided such agreement is entered into in accordance with policies and procedures governing such agreements pursuant to subsection (a) of this section as amended by section 33 of this act.

Sec. 35. Subsection (d) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) (1) No motor vehicle operator's license shall be issued to any person between sixteen and eighteen years of age unless a certificate, in such form as the commissioner prescribes, requesting or consenting to the issuance of the license has been signed and filed with the commissioner by (A) one or both parents or foster parents of the applicant, as the commissioner requires, (B) the legal guardian of the applicant, (C) the applicant's spouse, if the spouse is eighteen years of age or older, or (D) if the applicant has no qualified spouse and his parent or foster parent or legal guardian is deceased, incapable, domiciled without the state or otherwise unavailable or unable to sign or file the certificate, the applicant's stepparent, or uncle or aunt, by blood or marriage, provided such person is eighteen years of age or older. (2) No motor vehicle operator's license shall be issued to any person between sixteen and eighteen years of age unless the applicant (A) presents to the commissioner a certificate of the successful completion in a public secondary school, a state vocational school or a private secondary school of a full course of study in motor vehicle operation prepared as provided in section 14-36e or of training of similar nature provided by a licensed drivers' school approved by the commissioner, including, in each case, successful completion of not less than six clock hours of behind-the-wheel, on-the-road instruction; (B) presents to the commissioner a certificate of the successful completion of a course of not less than five hours relative to safe driving practices, including a minimum of two hours on the nature and the medical, biological and physiological effects of alcohol and drugs and their impact on the operator of a motor vehicle, the dangers associated with the operation of a motor vehicle after the consumption of alcohol or drugs by the operator, the problems of alcohol and drug abuse and the penalties for alcohol and drug related motor vehicle violations; and (C) passes an examination as prescribed by the commissioner. The Commissioner of Motor Vehicles shall approve the content of the safe driving instruction at drivers' schools [and the Commissioner of Education shall approve the content of such instruction at] high schools and other secondary schools. Such five hours of instruction may be included as part of or in addition to any existing instruction programs. Any fee charged for the course required under subparagraph (B) of this subdivision shall not exceed twenty-five dollars. The commissioner may accept as evidence of sufficient training under subparagraph (A) of this subdivision a certificate signed by the spouse of a married minor applicant, or by a parent, grandparent, foster parent or the legal guardian of an applicant which states that the applicant has successfully completed a driving course taught by the person signing the certificate and that the signer has had an operator's license for at least four years preceding the date of the certificate or, if the applicant has no spouse, parent, grandparent, foster parent or guardian so qualified and available to give the instruction, a certificate signed by the applicant's stepparent, brother, sister, uncle or aunt, by blood or marriage, provided the person signing the certificate is qualified. The commissioner shall provide forms for the certificates, which shall be called home training certificates. Each such certificate shall be on file with the commissioner for a period of thirty days before the applicant may take the examination. If the commissioner requires a written examination of any applicant under this section, the examination shall be given in English or Spanish at the option of the applicant, provided the commissioner shall require that the applicant shall have sufficient understanding of English for the interpretation of traffic control signs. The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of this subsection concerning the content of safe driving instruction at drivers' schools HIGH SCHOOLS AND OTHER SECONDARY SCHOOLS.

Sec. 36. Section 40 of special act 95-20 is amended to read as follows:

(a) [Project] LEARN shall be eligible to receive current payments of scheduled estimated eligible project costs for site acquisition, alteration and expansion of the facilities of the Southeastern Connecticut Regional Multicultural Magnet School, provided (1) [Project] LEARN files an application for a school building project, in accordance with section 10-283 of the general statutes not later than June 30, 1995, (2) final plans and specifications for the project are approved pursuant to sections 10-291 and 10-292 of the general statutes, AS AMENDED BY SECTION 30 OF THIS ACT and (3) [Project] LEARN submits to the Commissioner of Education, in such form as the commissioner prescribes, and the commissioner approves a plan for the operation of the magnet facility which shall include, but not be limited to: A description of the educational programs to be offered, the completion date for the project and written commitments from two or more school districts that such districts will participate in the school. The commissioner shall notify the State Bond Commission when the provisions of subdivisions (1) and (3) of this subsection have been met. Upon application to the Commissioner of Education and compliance with the provisions of subdivisions (1) and (3) of this subsection, [Project] LEARN shall be eligible to receive a grant in an amount equal to five per cent of the amount authorized and allocated for the project for the development of final plans and specifications pursuant to subdivision (2) of this subsection.

(b) If, within three years after completion of the school project, students from two or more school districts, as described in the plan approved by the Commissioner of Education pursuant to subsection (a) of this section, are not participating in the magnet school, [Project] LEARN shall reimburse the state an amount equal to the difference between the amount received pursuant to this section and the amount the regional educational service center would have been eligible to receive based on the percentage determined pursuant to section 10-285a of the general statutes AS AMENDED BY SECTION 26 OF THIS ACT multiplied by the estimated eligible project costs or, if the regional educational service center does not so reimburse the state, title to the building shall revert to the state in accordance with the provisions of subsection (d) of this section.

(c) The commissioner shall provide for a final audit of all project expenditures pursuant to this section and may require repayment of any ineligible expenditures.

(d) If the school building ceases to be used for the purpose for which the grant was provided within twenty years of the date of approval by the general assembly of the project, title to the building and appurtenant land shall revert to the state unless the Commissioner of Education decides otherwise for good cause.

Sec. 37. Section 41 of special act 95-20 is amended to read as follows:

(a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate nine million six hundred thousand dollars provided seven million dollars of said authorization shall be effective July 1, 1996.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Education for a grant to [Project] LEARN and for the purpose of a school building project for the Southeastern Connecticut Regional Multicultural Magnet School in accordance with the provisions of section 40 of [this act] SPECIAL ACT 95-20.

(c) All provisions of section 3-20 of the general statutes, AS AMENDED or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 AS AMENDED and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the treasurer shall pay such principal and interest as the same become due.

Sec. 38. Section 11 of public act 95-282 is repealed and the following is substituted in lieu thereof:

[This act] PUBLIC ACT 95-282 shall take effect from its passage, except that section 10 shall take effect July 1, 1995, and any designation of a depository of public funds of the state or any municipality or regional school district, and any prescription of the method of supervision of the investment and reinvestment of trust funds of a municipality, made in accordance with the applicable provisions of sections 4-33, AS AMENDED 7-401, AS AMENDED 7-402, AS AMENDED 7-403, AS AMENDED subsection (c) of section [10-52]10-51, AS AMENDED or subsection (d) of section 10-56 AS AMENDED in effect on or before the effective date of [this act] PUBLIC ACT 95-282, shall remain in effect until rescinded or otherwise modified in accordance with the provisions of [this act] PUBLIC ACT 95-282. Sec. 39. Subsection (a) of section 5 of public act 95-230 is repealed and the following is substituted in lieu thereof:

(a) The university may administer, manage, schedule, finance, further design and construct UConn 2000, to operate and maintain the components thereof in a prudent and economical manner and to reserve for and make renewals and replacements thereof when appropriate, it being hereby determined and found to be in the best interest of the state and the university to provide this independent authority to the university along with providing assured revenues therefor as the efficient and cost effective course to achieve the objective of avoiding further decline in the physical infrastructure of the university and to renew, modernize, enhance and maintain such infrastructure, the particular project or projects, each being hereby approved as a project of UConn 2000, and the presently estimated cost thereof being as follows:

UConn 2000 Project Phase I Phase II Fiscal Years Fiscal Years 1996-1999 2000-2005 Agricultural Biotechnology Facility 9,400,000

Agriculture Biotechnology Facility Completion 10,000,000

Alumni Quadrant Renovations 14,338,000

Avery Point Marine Science Research Center - Phase I 34,000,000

Avery Point Marine Science Research Center - Phase II 16,682,000

Avery Point Renovation 5,600,000

Babbidge Library 0 Balancing Contingency 5,506,834

Beach Hall Renovations 994,000

Beach Hall Renovation Completion 7,758,000

Benton State Art Museum Addition 3,665,000

Benton State Art Museum Completion 1,400,000

Budds Building Renovation 2,805,000

Business School Renovation [48,030,000] 4,803,000

Chemistry Building 53,700,000

Deferred Maintenance & Renovation Lump Sum 39,332,000

Deferred Maintenance & Renovation Lump Sum Balance 104,668,000

East Campus North Renovations 11,820,000

Equine Center 1,000,000

Equipment, Library Collections & Telecommunications 60,500,000

Equipment, Library Collections & Telecommunications Completion 182,118,146

Gant Plaza Deck 0 Gentry Renovation 9,299,000

Grad Dorm Renovations 7,548,000

Gulley Hall Renovation 1,416,000

Hartford Relocation Acquisition/Renovation 56,762,020

Hartford Relocation Design 1,500,000

Hartford Relocation Feasibility Study 500,000

Heating Plant Upgrade 10,000,000

Hilltop Dormitory New 30,000,000

Hilltop Dormitory Renovations 3,141,000

Ice Rink Enclosure 2,616,000

International House Conversion 800,000

Litchfield Agricultural Center - Phase I 1,000,000

Litchfield Agricultural Center - Phase II 700,000

Manchester & DRM Hall Renovation 7,472,000

Mansfield Apartments Renovation 2,612,000

Mansfield Training School Improvements 27,614,000

Monteith Renovation 8,234,000

North Campus Renovation 2,654,000

North Campus Renovation Completion 21,049,000

North Superblock Site & Utilities 8,000,000

Northwest Quadrant Renovation 2,001,000

Northwest Quadrant Renovation 15,874,000

Parking Garage - North 10,000,000

Parking Garage - South 15,000,000

Pedestrian Spinepath 2,556,000

Pedestrian Walkways 3,233,000

Roadways 10,000,000

School of Business 20,000,000

School of Pharmacy 3,856,000

School of Pharmacy Completion 37,594,000

Shippee/Buckley Renovations 6,156,000

Social Science K Building 20,964,000

South Campus Complex 13,127,000

Stamford Downtown Relocation - Phase I 41,000,000

Stamford Downtown Relocation - Phase II 17,392,000

Student Union Addition 23,000,000

Technology Quadrant - Phase IA 38,000,000

Technology Quadrant - Phase IB 16,611,000

Technology Quadrant - Phase II 72,000,000

Technology Quadrant - Phase III 15,000,000

Torrey Life Science Renovation 17,000,000

Towers Renovation 17,794,000

Undergraduate Education Center 650,000

Undergraduate Education Center 7,450,000

Underground Steam & Water Upgrade 3,500,000

Underground Steam & Water Upgrade Completion 9,000,000

University Programs Building - Phase I 8,750,000

University Programs Building - Phase II

Visitors Center 300,000

Waring Building Conversion 7,888,000

Waterbury Property Purchase 325,000

West Campus Renovations 14,897,000

White Building Renovation 2,430,000

Wilbur Cross Building Renovation 3,645,000

TOTAL 382,000,000 868,000,000

Sec. 40. Subdivision (8) of section 4-37f of the general statutes, as amended by section 1 of public act 95-259, is repealed and the following is substituted in lieu thereof:

(8) A foundation which has in any of its fiscal years receipts and earnings from investments totaling one hundred thousand dollars per year or more shall have completed on its behalf for such fiscal year a full audit of the books and accounts of the foundation [by an independent certified public accountant.] A foundation which has receipts and earnings from investments totaling less than one hundred thousand dollars in each fiscal year during any three of its consecutive fiscal years beginning October 1, 1986, shall have completed on its behalf for the third fiscal year in any such three-year period a full audit of the books and accounts of the foundation [by an independent certified public accountant.] For each fiscal year in which an audit is not required pursuant to this subdivision financial statements shall be provided by the foundation to the executive authority of the state agency. Each audit under this subdivision shall be conducted (A) BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT OR, IF REQUESTED BY THE STATE AGENCY WITH THE CONSENT OF THE FOUNDATION, THE AUDITORS OF PUBLIC ACCOUNTS, AND (B) in accordance with generally accepted auditing standards [and the] THE audit report shall include financial statements, a management letter and an audit opinion which address the conformance of the operating procedures of the foundation with the provisions of sections 4-37e to 4-37i, inclusive, AS AMENDED and recommend any corrective actions needed to ensure such conformance. Each audit report shall disclose the receipt or use by the foundation of any public funds in violation of said sections or any other provision of the general statutes. The foundation shall provide a copy of each audit report completed pursuant to this subdivision to the executive authority of the state agency. Each financial statement required under this subdivision shall include, for the fiscal year to which the statement applies, the total receipts and earnings from investments of the foundation and the amount and purpose of each receipt of funds by the state agency from the foundation. As used in this subdivision, "fiscal year" means any twelve-month period adopted by a foundation as its accounting year.

Sec. 41. Subsection (b) of section 4-37g of the general statutes is repealed and the following is substituted in lieu thereof:

(b) [The] IN THE CASE OF AN AUDIT REQUIRED PURSUANT TO SECTION 4-37f, AS AMENDED BY SECTION 1 OF THIS ACT, THAT WAS NOT CONDUCTED BY THE AUDITORS OF PUBLIC ACCOUNTS, THE executive authority and chief financial official of [each] THE state agency shall review [each] THE audit report received pursuant to SAID section [4-37f] and, upon such review, the executive authority shall sign a letter indicating that he has reviewed the audit report and transmit a copy of the letter and report to the Auditors of Public Accounts. If such audit report indicates that (1) funds for deposit and retention in state accounts have been deposited and retained in foundation accounts or (2) state funds, personnel, services or facilities may have been used in violation of sections 4-37e to 4-37i, inclusive, AS AMENDED or any other provision of the general statutes, the Auditors of Public Accounts may conduct a full audit of the books and accounts of the foundation pertaining to such funds, personnel, services or facilities, in accordance with the provisions of section 2-90. For the purposes of such audit, the Auditors of Public Accounts shall have access to the working papers compiled by the certified public accountant in the preparation of the audit conducted pursuant to section 4-37f which are relevant to such use of state funds, personnel, services or facilities in violation of the provisions of sections 4-37e to 4-37i, inclusive, AS AMENDED or any other provision of the general statutes.

Sec. 42. Subsection (a) of section 10-4e of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(a) The State Board of Education and the Board of Governors of Higher Education, with the advice and assistance of the State Library Board, the New England Cable Television Association, the Connecticut Broadcasters Association, the Southern New England Telecommunications Corporation and Connecticut Public Broadcasting, shall form a joint committee to assist both agencies to coordinate effectively and utilize efficiently educational technology for Connecticut students. The committee shall consist of at least the following: The Commissioner of Economic and Community Development, or his designee, THE CHAIRPERSON OF THE PUBLIC UTILITY CONTROL AUTHORITY, OR HIS DESIGNEE a representative of the Office of Information and Technology designated by the Secretary of the Office of Policy and Management, one member appointed by the Connecticut Association of Boards of Education, one member appointed by the Connecticut Association of Public School Superintendents, one member who shall be a classroom teacher appointed by the Connecticut Education Association, one member who shall be a classroom teacher appointed by the Connecticut State Federation of Teachers, one member who shall be an educational media specialist appointed by the Connecticut Educational Media Association, one member appointed by the Connecticut Educators Computer Association [three members appointed by the Connecticut Business for Education Coalition who shall have experience or expertise in information technology,] ONE MEMBER APPOINTED BY THE CONNECTICUT ASSOCIATION OF INDEPENDENT SCHOOLS, ONE MEMBER APPOINTED BY THE CONNECTICUT LIBRARY ASSOCIATION one member appointed by each of the boards of trustees of the constituent units of the state system of higher education, one member appointed by the Connecticut Conference of Independent Colleges, and seven members with experience or expertise in educational technology of whom the Governor, the president pro tempore of the Senate, the speaker of the House of Representatives, the majority and minority leaders of the Senate and the majority and minority leaders of the House of Representatives shall each appoint one.

Sec. 43. Subsection (a) of section 10-186 of the general statutes, as amended by section 1 of public act 95-130, is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education shall furnish, by transportation or otherwise, school accommodations so that each child five years of age and over and under twenty-one years of age who is not a graduate of a high school or vocational school may attend public school, except as provided in section 10-233c, and subsection (d) of section 10-233d AS AMENDED. Any board of education which denies school accommodations, including a denial based on an issue of residency, to any such child shall inform the parent or guardian of such child or the child, in the case of an emancipated minor or a pupil eighteen years of age or older, of his right to request a hearing by the board of education in accordance with the provisions of subdivision (1) of subsection (b) of this section. A board of education which has denied school accommodations shall advise the board of education under whose jurisdiction it claims such child should be attending school, of the denial. For purposes of this section, (1) a "parent or guardian" shall include a surrogate parent appointed pursuant to section 10-94g and (2) a child residing in a dwelling located in more than one town IN THIS STATE shall be considered a resident of the town which receives the greatest percentage of the property taxes for such dwelling. NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION, IF A CHILD ATTENDS SCHOOL IN A TOWN OTHER THAN HIS TOWN OF RESIDENCY AS DETERMINED PURSUANT TO SUBDIVISION (2) OF THIS SUBSECTION, THE TOWN IN WHICH HE IS ATTENDING SCHOOL SHALL ALLOW THE CHILD TO REMAIN IN THE SCHOOL HE IS ATTENDING UNTIL THE SCHOOL YEAR IS COMPLETED. For purposes of this subsection, "dwelling" means a single, two or three family house or a condominium unit.

Sec. 44. Subsection (a) of section 10a-8 of the general statutes, as amended by section 26 of public act 95-230, is repealed and the following is substituted in lieu thereof:

(a) The provisions of sections 4-77 and 4-78 shall not apply to the constituent units of the state system of higher education, and for the purposes of said sections only, the Board of Governors of Higher Education shall be deemed the budgeted agency for such constituent units. The Board of Governors of Higher Education shall develop a formula or program-based budgeting system to be used by each institution and constituent board in preparing operating budgets [for the fiscal year commencing July 1, 1985, and each fiscal year thereafter. Said] THE Board of Governors of Higher Education shall prepare a single public higher education budget request itemized by the individual institution and branch using the formula or program-based budgeting system and shall submit such budget request displaying all operating funds to the Secretary of the Office of Policy and Management in accordance with sections 4-77 and 4-78, subject to procedures developed by the Board of Governors of Higher Education and approved by said secretary. The budget request of the Boards of Trustees of The University of Connecticut, the Community-Technical Colleges and the Connecticut State University System shall set forth, in the form prescribed by the Board of Governors of Higher Education, a proposed expenditure plan which shall include: (1) The total amount requested for such appropriation account; (2) the amount to be appropriated from the General Fund and (3) the amount to be paid from the tuition revenues of The University of Connecticut, the regional community-technical colleges, and the Connecticut State University System. After review and comment by the Board of Governors of Higher Education, the proposed expenditure plans shall be incorporated into the single public higher education budget request including recommendations, if any, by said board. Any tuition increase proposed by the Boards of Trustees of The University of Connecticut, the Community-Technical Colleges and the Connecticut State University System for the fiscal year to which the budget request relates shall be included in the single public higher education budget request submitted by the Board of Governors of Higher Education for such fiscal year, provided if the General Assembly does not appropriate the amount requested by [The University Of Connecticut, the] ANY SUCH board of trustees [of the university] SUCH BOARD OF TRUSTEES may increase tuition and fees by an amount greater than that included in the budget request in response to which the appropriation was made. The General Assembly shall make appropriations directly to the constituent unit boards. Said constituent unit boards shall allocate appropriations to the individual institutions and branches with due consideration to the program or formula-based budget used to develop the appropriation as approved by the General Assembly or as otherwise specified in the approved appropriation. Allotment reductions made pursuant to the provisions of subsections (b), (c), and (f) of section 4-85 shall be applied by the Board of Governors of Higher Education among the appropriations to the constituent unit boards without regard to the limitations on reductions provided in said section, except that said limitations shall apply to the total of the amounts appropriated to the higher education budgeted agencies. The Board of Governors of Higher Education shall apply such reductions after consultation with the Secretary of the Office of Policy and Management and the constituent unit boards. Any reductions of more than five per cent of the appropriations of any constituent units shall be submitted to the appropriations committee which shall, within ten days, approve or reject such reduction.

Sec. 45. Subsection (d) of section 10a-143 of the general statutes, as amended by section 24 of public act 95-259, is repealed and the following is substituted in lieu thereof:

(d) The Board for State Academic Awards shall consist of [seven] NINE persons, [six] EIGHT to be appointed by the Governor, who shall reflect the state's geographic, racial and ethnic diversity; one of whom shall be an alumnus of Charter Oak State College; and one to be elected by the students enrolled in Charter Oak State College. On or before July 1, 1983, the Governor shall appoint two members of [said] THE board for a term of two years from said date, two members for a term of four years from said date and one member for a term of six years from said date. On or before July 1, 1984, the Governor shall appoint one member for a term of three years from said date. ON OR BEFORE JULY 1, 1996, THE GOVERNOR SHALL APPOINT TWO MEMBERS, ONE FOR A TERM OF FIVE YEARS FROM SAID DATE AND ONE FOR A TERM OF ONE YEAR FROM SAID DATE. Thereafter the Governor shall appoint members of said board to succeed those appointees whose terms expire, such members to serve for terms of six years each from July first in the year of their appointment. On or before November 1, 1984, and biennially thereafter, the students enrolled with the board shall, in such manner as the board shall determine, elect one member of the board, who shall serve for a term of two years from November first in the year of his election. No member of said board, appointed by the Governor, shall be an employee of an institution of postsecondary or higher education. No member who has served consecutively for two full terms or portions thereof may again be appointed until two years have passed. The Governor shall, pursuant to section 4-9a, appoint the chairperson of the board. The board shall, annually, elect from its members such other officers as it deems necessary. The Governor shall fill any vacancies in the membership of said board by appointment for the balance of the unexpired term. The members of said board shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses in the course of their duties. The board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of members in office. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.

Sec. 46. As used in sections 46 and 47 of this act and special act 85-108, as amended by section 48 of this act: (1) "Project" means the research and technology park, hotel and conference center, and such other use or uses as shall enhance and benefit The University of Connecticut as a major research institution, and enable the university to participate to a greater extent in the state's program of economic development, which park, hotel, center, and uses are referred to in special act 85-108, as amended by section 48 of this act, and are to be located on the land described in said special act. (2) "Mercantile or trade facility" means a building or a portion of a building which (A) is used for mercantile or trade purposes which are not related to the research and technology purposes of the project and (B) is located on the land described in special act 85-108. (3) "Board of directors" means the board of directors of The University of Connecticut Educational Properties, Inc.

Sec. 47. (a) Not later than January 1, 1997, the board of directors shall prepare a master plan for (1) the development of the project and (2) the development of mercantile or trade facilities. The board of directors may revise such master plan from time to time.

(b) On and after January 1, 1997, the board of directors shall not begin the construction of any building on the land described in special act 85-108 unless such building complies with such master plan.

(c) Each building in the project and each mercantile or trade facility shall be subject to the provisions of title 22a of the general statutes, except for the municipal regulatory provisions of chapter 440 of the general statutes.

(d) No building in the project and no mercantile or trade facility shall be subject to the provisions of chapter 124 or 126 of the general statutes or the municipal regulatory provisions of chapter 440 of the general statutes, except that any residential building and related facilities shall be subject to the provisions of said chapters.

(e) In the case of a proposed mercantile or trade facility for which construction is planned to begin on or after January 1, 1997, the following shall apply:

(1) The University of Connecticut Educational Properties, Inc. shall ensure that the facility shall comply with all zoning standards in all regulations adopted under chapter 124 of the general statutes and all wetlands and watercourses standards in all regulations adopted under section 22a-42 of the general statutes, except as provided under subdivision (4) of this subsection; (2) The board of directors shall hold a public hearing on the proposed facility not later than sixty-five days after receiving final design specifications for the facility. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen days, nor less than ten days, and the last not less than two days before the date of such hearing. In addition to such notice, the board of directors shall provide notice by certified mail, return receipt requested, to the mayor of the town of Mansfield. At such hearing, the town of Mansfield, through a representative, may appear and be heard and any other party may appear in person and may be represented by an agent or an attorney; (3) The board of directors shall not begin construction on the facility for at least thirty days after the hearing, during which time the board shall review any report on the proposed project submitted to the board by the town of Mansfield, give due consideration to any such report and to the testimony submitted at the hearing, and notify, by certified mail, return receipt requested, the mayor of the town of Mansfield of its determination regarding such report and testimony; and (4) If (A) the board of directors finds it necessary to waive the application of any regulation adopted under chapter 124 of the general statutes or section 22a-42 of the general statutes to the proposed facility and the town of Mansfield objects to such waiver in writing or (B) the town of Mansfield and the board of directors do not agree on the application of any regulation adopted under said chapter or section to the proposed facility, the town of Mansfield and the board of directors shall, no later than thirty days after the determination of the board issued under subdivision (3) of this subsection, submit the proposed waiver or the disagreement to a panel which shall consist of (i) two residents of the town of Mansfield, who shall be appointed by the mayor of said town, (ii) two members of the board of directors, at least one of whom shall be a representative of The University of Connecticut and neither of whom shall be a representative of the town of Mansfield, and (iii) a mediator experienced in zoning matters, who shall be appointed to the panel by a majority of the members of the panel described in subparagraphs (i) and (ii) of this subdivision, from a list of such mediators maintained by the American Arbitration Association. The decision of the panel shall be binding on both the town of Mansfield and the board of directors. The board of directors shall not begin construction on the proposed facility during the pendency of the panel's proceedings.

Sec. 48. Special act 85-108 is amended to read as follows:

(a) Notwithstanding the provisions of subsection (a) of section 10a-140 of the general statutes, or any other provisions of the general statutes or any special act which would prohibit or restrict any transaction involving the conveyance of an interest in real property, the board of trustees of The University of Connecticut may, for such period and under such terms and conditions as said board may deem appropriate: (1) Enter into a lease for the total rent of one dollar with The University of Connecticut Educational Properties, Inc., for all or any portion of the land under its custody and control known as the North Campus, consisting of 390 acres, more or less, situated in the town of Mansfield, county of Tolland and state of Connecticut, more particularly bounded and described as follows: Beginning at a point on the southwesterly side of Route 195 at the northeasterly corner of the herein described tract and a corner of land now or formerly of Brown, which point is located approximately 1,100' more or less southeasterly from the intersection of Route 195 with Route 44; thence southwesterly by land of Brown; thence northwesterly by land now or formerly of Brown to land now or formerly of The Central Bank for Savings; thence westerly by land now or formerly of said Bank and land now or formerly of Jensen's, Inc. to a corner; thence southerly by land now or formerly of Jensen's to a corner; thence westerly and northwesterly by land now or formerly of Jensen's to land now or formerly of Sanderson & DeSiato; thence westerly and southerly by land now or formerly of Sanderson & DeSiato to land now or formerly of Petruccelli; thence southwesterly, southeasterly and southerly by land now or formerly of Petruccelli to the northeasterly line of Hunting Lodge Road; thence southeasterly by said Road to land now or formerly of Manchester Sand & Gravel Co.; thence northeasterly, southeasterly and southerly by land now or formerly of Manchester Sand & Gravel Co. to land now or formerly of Holinko; thence northeasterly, southeasterly and southwesterly by land now or formerly of Holinko to a corner; thence southeasterly, southwesterly, southeasterly and southwesterly by land now or formerly of Holinko to the northeasterly line of Hunting Lodge Road; thence southeasterly by said Road to land now or formerly of Marcus; thence northeasterly, southeasterly and southwesterly by land now or formerly of Marcus to the northeasterly line of Hunting Lodge Road; thence southeasterly by said Road to land now or formerly of Gianopoulos; thence northeasterly and southeasterly by land now or formerly of Gianopoulos; thence continuing southeasterly by land now or formerly of Kardestuncer, land now or formerly of Yuschalk and land now or formerly of Ganz to other land now or formerly of Yuschalk; thence easterly by land now or formerly of Yuschalk and land now or formerly of Sandford to a corner of land now or formerly of said Sandford and other land of State of Connecticut; thence northerly by other land of State, about 200' more or less to a point; thence northeasterly, by said State, about 2,350' more or less to the northwest corner of a cemetery now or formerly of town of Mansfield; thence easterly to the northeasterly corner of said cemetery; thence northwesterly by other land of said State, about 720' more or less to a point; thence northerly by other land of said State about 530' more or less to a point; thence easterly by other land of said State 850' more or less to the southwesterly line of Route 195, said point being about 50' more or less northwesterly of the intersection of Route 195 with Moulton Road; thence northwesterly by Route 195, 560' more or less to a corner of land now or formerly of Barlow; thence southwesterly, northwesterly, southwesterly and northwesterly by land now or formerly of Barlow to land now or formerly of Trepal and Barlow; thence continuing northwesterly and northeasterly by land now or formerly of Trepal and Barlow to the southwesterly line of Route 195; thence northwesterly by said Route 195 to a corner of land now or formerly of Haidous; thence southwesterly, westerly and northeasterly by land now or formerly of said Haidous to land now or formerly of Rotter; thence northwesterly and northeasterly by land now or formerly of said Rotter to the southwesterly line of Route 195; thence northwesterly by said Route 195 to a corner of land now or formerly of Brown and the point of beginning; and (2) from time to time convey, across said land or across any other land appurtenant to said land, fee simple, leasehold or easement interests, for the purpose of access roads, paths and highways, utilities, drainage and any other purpose as may be necessary and reasonable for and in connection with the development of said land or as may be required by any municipal or state agency either as conditions to administrative approval or as dedication to public, utility, drainage or other such purposes connected with the development or related to environmental or community protection; for the purpose of the development and construction of a research and technology park, hotel and conference center, office and residential facilities and such other use or uses as shall, in the judgment of the board of trustees, enhance and benefit The University of Connecticut as a major research institution, provide increased housing for university staff, students and others, and enable the university to participate to a greater extent in the state's program of economic development. Any such lease shall provide that the board of directors of The University of Connecticut Educational Properties, Inc. may oversee all aspects of such development. Any portion of said land leased by or otherwise transferred from The University of Connecticut Educational Properties, Inc. to any person or entity for any of the purposes of [this act] SPECIAL ACT 95-108 and the buildings and appurtenances thereon WHICH ARE USED FOR (A) RESIDENTIAL FACILITIES, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, OR (B) MERCANTILE OR TRADE FACILITIES [4m, [0m shall be subject to local assessment and taxation pursuant to chapters 203 and 204 of the general statutes in the name of such lessee, assignee or sublessee, whichever has immediate right to occupancy of such land and buildings, by the town of Mansfield, provided no such building, or land adjacent to such building, shall be taxable until such building is taxable pursuant to section 12-53a of the general statutes. [On] ANY PORTION OF SAID LAND LEASED BY OR OTHERWISE TRANSFERRED FROM THE UNIVERSITY OF CONNECTICUT EDUCATIONAL PROPERTIES, INC. TO ANY PERSON OR ENTITY AND THE BUILDINGS AND APPURTENANCES THEREON, WHICH ARE USED FOR A HOTEL SHALL BE SUBJECT TO LOCAL ASSESSMENT AND TAXATION PURSUANT TO SAID CHAPTERS 203 AND 204, PROVIDED (i) DURING THE FIRST SEVEN YEARS AFTER SUCH HOTEL OPENS FOR RESIDENTIAL GUESTS, SAID LAND, BUILDINGS AND APPURTENANCES SHALL NOT BE SUBJECT TO SUCH TAXATION, (ii) DURING THE EIGHTH YEAR AFTER SUCH HOTEL OPENS FOR RESIDENTIAL GUESTS, THE HOTEL SHALL BE SUBJECT TO SUCH TAXATION TO THE EXTENT OF ONE-THIRD OF ITS VALUATION FOR PURPOSES OF ASSESSMENT, (iii) DURING THE NINTH YEAR AFTER SUCH HOTEL OPENS FOR RESIDENTIAL GUESTS, THE HOTEL SHALL BE SUBJECT TO SUCH TAXATION TO THE EXTENT OF TWO-THIRDS OF ITS VALUATION FOR PURPOSES OF ASSESSMENT, AND (iv) DURING THE TENTH YEAR AFTER SUCH HOTEL OPENS FOR RESIDENTIAL GUESTS, AND DURING EACH YEAR THEREAFTER, THE HOTEL SHALL BE SUBJECT TO SUCH TAXATION TO THE EXTENT OF ITS FULL VALUATION FOR PURPOSES OF ASSESSMENT. THE PROVISIONS OF SECTIONS 12-19a TO 12-19c, INCLUSIVE, OF THE GENERAL STATUTES SHALL APPLY TO ALL LAND DESCRIBED IN THIS SUBSECTION AND THE BUILDINGS AND APPURTENANCES THEREON, PROVIDED, ON and after the date upon which ANY such PARCEL OF land and buildings are taxable pursuant to [this act] SPECIAL ACT 85-108, AS AMENDED such parcel of land AND BUILDINGS shall not be included as property of The University of Connecticut for the purpose of computing the state grant in lieu of taxes made pursuant to sections 12-19a to 12-19c, inclusive, of the general statutes.

(b) No conveyance of any interest in land pursuant to subsection (a) of [this act] SPECIAL ACT 85-108 shall be made by the board of trustees of The University of Connecticut unless, prior to such transfer, the certificate of incorporation and the bylaws of The University of Connecticut Educational Properties, Inc. are amended as necessary to provide for membership on the board of directors as follows: (1) To be appointed by the governor, one person with experience in investments or banking and two persons with experience in business management; (2) the secretary of the Office of Policy and Management, the Commissioner of Economic Development, the Commissioner of Higher Education and the chairman of the board of trustees of The University of Connecticut, or their respective designees; (3) the president of The University of Connecticut; (4) the vice-president of The University of Connecticut in charge of financial affairs; (5) the vice-president of The University of Connecticut in charge of graduate education and research; (6) the mayor of the town of Mansfield, or the mayor's designee; (7) THE CHAIRPERSON OF THE TOWN OF MANSFIELD PLANNING AND ZONING COMMISSION; AND (8) one person appointed by each of, (A) the president pro tempore of the senate, (B) the speaker of the house of representatives, (C) the minority leader of the senate and (D) the minority leader of the house of representatives. Any agreement entered into pursuant to subsection (a) of [this act] SPECIAL ACT 85-108 shall provide that any provisions in the certificate of incorporation or the bylaws of The University of Connecticut Educational Properties, Inc., added in compliance with this subsection or included prior to the effective date of [this act] SPECIAL ACT 85-108, implementing the requirements of this subsection with respect to membership on the board of directors, shall not be amended at any time during which The University of Connecticut Educational Properties, Inc. continues to hold any interest in land pursuant to subsection (a) of [this act] SPECIAL ACT 85-108 unless allowed or approved by a legislative enactment of the general assembly.

Sec. 49. (NEW) A public school student who is both under sixteen years of age and a mother may request permission from the local or regional board of education to attend adult education classes. The local or regional board of education may, by a majority vote of the members of the board present and voting at a regular or special meeting of the board called for such purpose, assign such student to adult education classes.

Sec. 50. Subsection (a) of section 10-29a of the general statutes, as amended by section 1 of public act 95-25 and public act 95-67, is amended by adding subdivision (34) as follows:

(NEW) (34) The Governor shall proclaim May twenty-fourth of each year to be Christa Corrigan McAuliffe Day to commemorate her valor and to honor the commitment and dedication of teachers throughout the United States. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

Sec. 51. (NEW) The State Department of Education shall, within available appropriations, assist and encourage local and regional boards of education to use and integrate educational technology in the courses required for high school graduation pursuant to section 10-221a of the general statutes, as amended, in order to promote proficiency in the use of educational technology by each student who graduates from high school.

Sec. 52. Section 10-145a of the general statutes is amended by adding subsection (e) as follows:

(NEW) (e) On and after July 1, 1998, any candidate in a program of teacher preparation leading to professional certification shall complete a computer and other information technology skills component of such program, as applied to student learning and classroom instruction, communications and data management.

Sec. 53. Subsection (a) of section 10-220a of the general statutes, as amended by section 2 of public act 95-101, section 6 of public act 95-182 and section 21 of public act 95-259, is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall be submitted to the Commissioner of Education, and shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, AS AMENDED and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education which includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, AS AMENDED violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, (4) school violence prevention and conflict resolution [and] (5) cardiopulmonary resuscitation and other emergency life saving procedures AND (6) COMPUTER AND OTHER INFORMATION TECHNOLOGY AS APPLIED TO STUDENT LEARNING AND CLASSROOM INSTRUCTION, COMMUNICATIONS AND DATA MANAGEMENT. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include Holocaust education and awareness as part of in-service training programs pursuant to this subsection.

Sec. 54. Section 10-74d of the general statutes, as amended by section 18 of public act 95-226, is amended by adding subsection (c) as follows:

(NEW) (c) The State Department of Education may retain up to one per cent of the amount appropriated for interdistrict cooperative grants pursuant to this section for state-wide technical assistance, program monitoring and evaluation, and administration.

Sec. 55. Section 10-262k of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any provision of the general statutes to the contrary, the board of education which has jurisdiction over the schools in any town (1) with a total population, as defined in subdivision (7) of subsection (a) of section 10-261, greater than [twenty-six] TWENTY thousand and (2) in which the grant mastery percentage, as defined in subdivision (8) of section 10-262f, AS AMENDED is greater than twenty per cent may, not later than January 15, [1991] 1997, and annually thereafter, apply to the Commissioner of Education, on such forms as the commissioner may prescribe, to receive not more than two per cent of the town's grant entitlement pursuant to section 10-262h AS AMENDED for the subsequent fiscal year for compensatory education programs. At the time of application, the board of education shall notify the board of finance in each town or city having a board of finance, the board of selectmen in each town having no board of finance or otherwise the authority making appropriations for the school district of the application. Upon submission of a timely application to the commissioner, the commissioner shall deduct such amount from the payment made to the town in October of such subsequent fiscal year pursuant to section 10-262i, and the board of education shall receive a grant in such amount.

Sec. 56. Subsection (c) of section 4 of public act 96-214 is repealed and the following is substituted in lieu thereof:

(c) School professionals employed by a local or regional board of education shall be entitled to a two-year leave of absence, without compensation, in order to be employed in a charter school provided such leave shall be extended upon request for an additional two years. At any time during or upon the completion of such a leave of absence, a school professional may return to work in the school district in the position in which he was previously employed or a comparable position. Such leave of absence shall not be deemed to be an interruption of service for [any purpose of employment, including] PURPOSES OF seniority and [employee benefits] TEACHERS' RETIREMENT, except that time may not be accrued for purposes of attaining tenure. A school professional who is not on such a leave of absence and is employed for forty school months of full-time continuous employment by the charter school and is subsequently employed by a local or regional board of education shall attain tenure after the completion of twenty school months of full-time continuous employment by such board of education in accordance with section 10-151 of the general statutes, as amended.

Sec. 57. Subsection (c) of section 10-145f of the general statutes, as amended by section 15 of public act 95-259 and section 9 of public act 96-214, is repealed and the following is substituted in lieu thereof:

(c) Notwithstanding the provisions of this section and section 10-145b, AS AMENDED the following persons shall be eligible for a nonrenewable temporary certificate: (1) A person who has resided in a state other than Connecticut during the year immediately preceding application for certification in Connecticut and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or university outside of the state and regionally accredited, and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment and (3) a person hired by a charter school after July first in any school year for a teaching position that school year, provided the person hired after said date [meets the requirements for a certificate issued pursuant to subdivision (3) of subsection (c) of section 10-145b] COULD REASONABLY BE EXPECTED TO COMPLETE THE REQUIREMENTS PRESCRIBED IN SUBPARAGRAPHS (B) AND (C) OF SUBDIVISION (1) OF SUBSECTION (c) OF SECTION 10-145b, BY THE COMMENCEMENT OF THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR IN WHICH SUCH PERSON HELD SUCH TEMPORARY CERTIFICATE. The nonrenewable temporary certificate shall be valid for one year from the date it is issued. Any board of education employing a person who holds a nonrenewable temporary certificate issued pursuant to the provisions of subdivision (2) of this subsection shall provide a program to assist each such person who has not successfully completed the competency examination by January fifteenth of the school year in which such certificate was issued. Said program, developed in consultation with the state Department of Education, shall include academic and classroom support service components. Each such person who does not successfully complete said examination by said January fifteenth shall participate in said program.

Sec. 58. Subsections (a) and (b) of section 17a-40a of the general statutes, as amended by section 3 of public act 95-339, are repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Education shall establish a program to provide grants to youth service bureaus in accordance with this section. Only youth service bureaus which [received] WERE ELIGIBLE TO RECEIVE grants pursuant to this section for the fiscal year ending June 30, [1995, or which applied for a grant to the Commissioner of Children and Families by June 11, 1995,] 1996, OR WHICH APPLIED FOR A GRANT BY MAY 15, 1996, WITH PRIOR APPROVAL OF THE TOWN'S CONTRIBUTION PURSUANT TO SUBSECTION (b) OF THIS SECTION shall be eligible for a grant pursuant to this section for any fiscal year commencing on or after July 1, [1995] 1996. Each such youth service bureau shall receive a grant of twelve thousand dollars. The Department of Education may expend an amount not to exceed two per cent of the amount appropriated for purposes of this section for administrative expenses. If there are any remaining funds, each such youth service bureau THAT WAS AWARDED A GRANT IN EXCESS OF FIFTEEN THOUSAND DOLLARS IN THE FISCAL YEAR ENDING JUNE 30, 1995, shall receive a percentage of such funds. The percentage shall be determined as follows: [The] FOR EACH SUCH GRANT IN EXCESS OF FIFTEEN THOUSAND DOLLARS, THE difference between the amount of the grant [received by] AWARDED TO the youth service bureau for the fiscal year ending June 30, 1995, and fifteen thousand dollars shall be divided by the difference between the total amount of the grants [received by] AWARDED TO all youth service bureaus THAT WERE AWARDED GRANTS IN EXCESS OF FIFTEEN THOUSAND DOLLARS for said fiscal year and the product of fifteen thousand dollars and the number of SUCH grants for said fiscal year.

(b) In order for a youth service bureau to receive the full amount of the state grant determined pursuant to subsection (a) of this section, a town shall contribute an amount equal to the amount of the state grant. A town shall provide not less than fifty per cent of its contribution from funds appropriated by the town for that purpose, and the remaining amount in other funds or in-kind contributions in accordance with regulations adopted by the [Commissioner] STATE BOARD of Education in accordance with chapter 54.

Sec. 59. Subsection (d) of section 10a-77 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Said board of trustees shall waive the payment of tuition at any of the regional community-technical colleges (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to such institution and is a resident of Connecticut at the time he is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, AS AMENDED or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to such institution and is a resident of Connecticut at the time he is accepted for admission to such institution, (3) for any resident of Connecticut sixty-two years of age or older, provided, at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any student attending the Connecticut State Police Academy who is enrolled in a law enforcement program at said academy offered in coordination with a regional community-technical college which accredits courses taken in such program, (5) for any active member of the Connecticut Army or Air National Guard who (A) is a resident of Connecticut, (B) has been certified by the adjutant general or his designee as a member in good standing of the guard, and (C) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, and (6) for any dependent child of a police officer, as defined in section 7-294a, AS AMENDED or fire fighter, as defined in section 7-323j, killed in the line of duty. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. VETERANS DESCRIBED IN SUBDIVISION (2) OF THIS SUBSECTION AND MEMBERS OF THE NATIONAL GUARD DESCRIBED IN SUBDIVISION (5) OF THIS SUBSECTION SHALL BE GIVEN THE SAME STATUS AS STUDENTS NOT RECEIVING TUITION WAIVERS IN REGISTRATION FOR COURSES AT REGIONAL COMMUNITY-TECHNICAL COLLEGES.

Sec. 60. Subsection (d) of section 10a-99 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Said board shall waive the payment of tuition fees at the Connecticut State University system (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to such institution and is a resident of Connecticut at the time he is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, AS AMENDED or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to such institution and is a resident of Connecticut at the time he is accepted for admission to such institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to such institution, provided such person is enrolled in a degree-granting program or, provided, at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any student attending the Connecticut Police Academy who is enrolled in a law enforcement program at said academy offered in coordination with the university which accredits courses taken in such program, (5) for any active member of the Connecticut Army or Air National Guard who (A) is a resident of Connecticut, (B) has been certified by the adjutant general or his designee as a member in good standing of the guard, and (C) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, and (6) for any dependent child of a police officer, as defined in section 7-294a, AS AMENDED or fire fighter, as defined in section 7-323j, killed in the line of duty. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. VETERANS DESCRIBED IN SUBDIVISION (2) OF THIS SUBSECTION AND MEMBERS OF THE NATIONAL GUARD DESCRIBED IN SUBDIVISION (5) OF THIS SUBSECTION SHALL BE GIVEN THE SAME STATUS AS STUDENTS NOT RECEIVING TUITION WAIVERS IN REGISTRATION FOR COURSES AT CONNECTICUT STATE UNIVERSITIES.

Sec. 61. Subsection (e) of section 10a-105 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) Said board of trustees shall waive the payment of tuition fees at The University of Connecticut (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to The University of Connecticut and is a resident of Connecticut at the time he is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, AS AMENDED or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to said institution and is a resident of Connecticut at the time he is accepted for admission to said institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to said institution, provided such person is enrolled in a degree-granting program or, provided, at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any active member of the Connecticut Army or Air National Guard who (A) is a resident of Connecticut, (B) has been certified by the adjutant general or his designee as a member in good standing of the guard, and (C) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, and (5) for any dependent child of a police officer, as defined in section 7-294a, AS AMENDED or fire fighter, as defined in section 7-323j, killed in the line of duty. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. VETERANS DESCRIBED IN SUBDIVISION (2) OF THIS SUBSECTION AND MEMBERS OF THE NATIONAL GUARD DESCRIBED IN SUBDIVISION (4) OF THIS SUBSECTION SHALL BE GIVEN THE SAME STATUS AS STUDENTS NOT RECEIVING TUITION WAIVERS IN REGISTRATION FOR COURSES AT THE UNIVERSITY OF CONNECTICUT.

Sec. 62. Sections 10-4l, 10-19a, 10-21, 10-24e, 10-25, 10-36, 10-68, 10-257a to 10-257g, inclusive, and 10-286b of the general statutes are repealed.

Sec. 63. This act shall take effect from its passage, except that sections 1 to 39, inclusive, 54 to 57, inclusive, and 62 shall take effect July 1, 1996.

Approved June 6, 1996. Effective as provided in section 63.

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