Chapter 185

Sec. 10a-1. (Formerly Sec. 10-322a). State system of higher education; definitions. There shall be a state system of public higher education to consist of (1) The University of Connecticut and all campuses thereof, and (2) the Connecticut State Colleges and Universities, which include (A) the state universities, which shall be known collectively as the Connecticut State University System, (B) the regional community-technical colleges, which shall be known collectively as the regional community-technical college system, and (C) Charter Oak State College. “Constituent units” as used in the general statutes means those units in subdivisions (1) and (2) of this section.

(P.A. 77-573, S. 1, 30; P.A. 82-218, S. 1, 46; P.A. 89-260, S. 8, 41; P.A. 91-256, S. 45, 69; P.A. 92-126, S. 19, 48; P.A. 94-245, S. 12, 46; P.A. 11-48, S. 285; 11-70, S. 3; P.A. 14-117, S. 2; P.A. 16-15, S. 5.)

History: P.A. 82-218 reorganized state system of higher education, designating state colleges as Connecticut State University and including department of higher education within state system of higher education, effective March 1, 1983; Sec. 10-322a transferred to Sec. 10a-1 in 1983; P.A. 89-260 substituted “regional technical colleges” for “state technical colleges” and the combined regional technical colleges into one constituent unit; P.A. 91-256 made a technical change; P.A. 92-126 replaced references to community colleges and technical colleges with reference to community-technical colleges; P.A. 94-245 made a technical change, effective June 2, 1994; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-70 replaced “branches” with “campuses” in Subdiv. (1); P.A. 14-117 changed “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014; P.A. 16-15 amended Subdiv. (2) to add reference to Connecticut State Colleges and Universities, add Subpara. (A) designator in provision re Connecticut State University System and amend same to replace “state colleges” with “state universities”, redesignated Subdiv. (3) as Subpara. (B) and amended same to add “which shall be known collectively as the regional community-technical college system, and”, redesignated Subdiv. (4) re Charter Oak State College as Subpara. (C), deleted former Subdiv. (5) re staff of Board of Regents for Higher Education and made a conforming change, effective July 1, 2016.

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Sec. 10a-1a. Board of Regents for Higher Education. (a) There shall be a Board of Regents for Higher Education that shall serve as the governing body for the regional community-technical college system, the Connecticut State University System and Charter Oak State College. The board shall consist of twenty-two members who shall be distinguished leaders of the community in Connecticut. The board shall reflect the state's geographic, racial and ethnic diversity. The voting members shall not be employed by or be a member of a board of trustees for any independent institution of higher education in this state or the Board of Trustees for The University of Connecticut nor shall they be public officials or state employees, as such terms are defined in section 1-79, during their term of membership on the Board of Regents for Higher Education. The Governor shall appoint nine members to the board as follows: Three members for a term of two years; three members for a term of four years; and three members for a term of six years. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of six years from the first day of July in the year of his or her appointment. Four members of the board shall be appointed as follows: One appointment by the president pro tempore of the Senate, who shall be an alumnus of the regional community-technical college system, for a term of four years; one appointment by the minority leader of the Senate, who shall be a specialist in the education of children in grades kindergarten to twelve, inclusive, for a term of three years; one appointment by the speaker of the House of Representatives, who shall be an alumnus of the Connecticut State University System, for a term of four years; and one appointment by the minority leader of the House of Representatives, who shall be an alumnus of Charter Oak State College, for a term of three years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The chairperson and vice-chairperson of the student advisory committee created under section 10a-3 shall serve as members of the board. The chairperson and vice-chairperson of the faculty advisory committee created under section 10a-3a shall serve as ex-officio, nonvoting members of the board for a term of two years and, in their respective roles as chairperson and vice-chairperson, may be invited to any executive session, as defined in section 1-200, of the board by the chairperson of the board. The Commissioners of Education, Economic and Community Development and Public Health, the Labor Commissioner and the Chief Workforce Officer shall serve as ex-officio, nonvoting members of the board.

(b) The initial members of the Board of Regents for Higher Education may begin service immediately upon appointment without regard to section 4-19, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in said section. Thereafter, all appointments shall be made with the advice and consent of the General Assembly, in the manner provided in section 4-19. Any vacancy in the Board of Regents for Higher Education shall be filled in the manner provided in section 4-19.

(c) The Governor shall appoint the chairperson of the board, who shall serve for a term of three years. The board shall elect from its members a vice-chairperson and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish policies and adopt bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.

(P.A. 11-48, S. 211; 11-61, S. 106, 136; P.A. 13-62, S. 1; P.A. 14-208, S. 1; P.A. 15-228, S. 1; June Sp. Sess. P.A. 15-5, S. 490; June Sp. Sess. P.A. 21-2, S. 241; P.A. 22-126, S. 2.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 amended Subsec. (a) to switch specialty of appointment by minority leader of the Senate with specialty of appointment by speaker of the House of Representatives and amended Subsec. (c) to replace requirement that board establish bylaws with requirement that board establish policies and adopt bylaws, effective July 1, 2011; P.A. 13-62 amended Subsec. (a) to add the chairperson of the faculty advisory committee as an ex-officio, nonvoting member of the board; P.A. 14-208 amended Subsec. (a) to replace “nineteen” with “twenty-one” re board members, add vice-chairperson of faculty advisory committee as an ex-officio, nonvoting member of the board and make technical changes, effective July 1, 2014; P.A. 15-228 amended Subsec. (a) to permit chairperson and vice-chairperson of the faculty advisory committee to be invited to executive session, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by replacing “employed by or be elected officials of any public agency, as defined in subdivision (1) of section 1-200” with “public officials or state employees, as such terms are defined in section 1-79”, effective June 30, 2015; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding Chief Workforce Officer as ex-officio, nonvoting member of Board of Regents for Higher Education and making a technical change, effective July 1, 2021; P.A. 22-126 changed 21 to 22 in Subsec. (a), effective May 27, 2022.

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Sec. 10a-1b. President of the Connecticut State Colleges and Universities. Staff. Vice-presidents. (a) The Board of Regents for Higher Education shall appoint a president of the Connecticut State Colleges and Universities who shall serve at the pleasure of the board. The president of the Connecticut State Colleges and Universities shall (1) have the authority to implement the policies, directives and rules of the board and any additional responsibilities as the board may prescribe, (2) implement the goals identified in section 10a-11c and recommendations made pursuant to section 10a-11b, (3) build interdependent support among the Connecticut State University System, the regional community-technical college system and Charter Oak State College, (4) balance central authority with institutional differentiation, autonomy and creativity, and (5) facilitate cooperation and synergy among the Connecticut State University System, the regional community-technical college system and Charter Oak State College. The president may designate an alternate to serve as a member of any commission, foundation or committee upon which the general statutes require the president to serve. Such designee may vote on behalf of the president. There shall be an executive staff responsible for the operation of the Board of Regents for Higher Education. The executive staff shall be under the direction of the president of the Connecticut State Colleges and Universities, who shall be the chief executive officer of the Board of Regents for Higher Education.

(b) The president may employ staff as is deemed necessary, including, but not limited to, temporary assistants and consultants. The board shall establish terms and conditions of employment of the president and the board's staff, prescribe their duties and fix the compensation of the president and the board's professional and technical personnel.

(c) Upon recommendation of the president, the Board of Regents for Higher Education shall appoint two vice-presidents. One vice-president shall represent the Connecticut State University System and the other vice-president shall represent the regional community-technical college system. Each vice-president shall perform such duties and responsibilities as the board and president shall prescribe, so that each said constituent unit fulfills its mission. Such duties shall include, but not be limited to, oversight of academic programs, student support services and institutional support.

(d) Not later than October 1, 2017, the president of the Connecticut State Colleges and Universities shall establish the position of outreach coordinator within the Connecticut State Colleges and Universities system. Such outreach coordinator shall act as a liaison between institutions within the system and businesses in the state to develop workforce education and job training opportunities including Early College Opportunity programs. Such position may be full time or part time and may be held by an individual who also holds another position within said system as part of such individual's regular duties and without additional compensation.

(P.A. 11-48, S. 212; 11-61, S. 137; P.A. 13-4, S. 1; P.A. 14-117, S. 1; P.A. 15-75, S. 2; P.A. 16-15, S. 21; P.A. 17-207, S. 6.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 amended Subsec. (c) to replace appointment of “two vice presidents” with appointment of vice-president for each constituent unit with duties including oversight of academic programs, student support services and institutional support, effective July 1, 2011; P.A. 13-4 amended Subsec. (a) to change appointing authority for president from the Governor to the Board of Regents for Higher Education, to give the president authority to implement rules of the board, and to eliminate the president's authority to administer, coordinate and supervise the activities of the board, amended Subsec. (b) to give the board authority to establish the terms and conditions of its president's employment, including compensation, and amended Subsec. (c) to make a technical change, effective April 22, 2013; P.A. 14-117 amended Subsec. (c) to replace provision re appointment of vice-president for each constituent unit with provision re appointment of two vice-presidents, one to represent the Connecticut State University System and the other to represent the regional community-technical college system, and to make a technical change, effective July 1, 2014; P.A. 15-75 amended Subsec. (a)(2) by adding reference to Sec. 10a-11c, effective July 1, 2015; P.A. 16-15 amended Subsec. (a) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, and made technical and conforming changes, effective July 1, 2016; P.A. 17-207 added Subsec. (d) re establishment of outreach coordinator position within the Connecticut State Colleges and Universities system.

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Sec. 10a-1c. Plan for maintaining distinct missions of Connecticut State University System, regional community-technical college system and Charter Oak State College. Report. The Board of Regents for Higher Education shall develop and implement, not later than December 1, 2011, a plan for maintaining the distinct missions of the Connecticut State University System, the regional community-technical college system and Charter Oak State College and report on such plan to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations in accordance with the provisions of section 11-4a not later than January 1, 2012, and annually thereafter.

(P.A. 11-48, S. 230.)

History: P.A. 11-48 effective July 1, 2011.

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Sec. 10a-1d. Office of Higher Education. Executive director. (a) There is established an Office of Higher Education. The Office of Higher Education shall administer the programs set forth in sections 10-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f, inclusive, 10a-35, 10a-166, 10a-168a, 10a-169a, 10a-169b and 10a-173. The Office of Higher Education shall be responsible for approving any action taken pursuant to sections 10a-34 to 10a-34f, inclusive, and for disseminating information throughout the state regarding postsecondary education opportunities available in the state.

(b) The Governor shall appoint an executive director of the Office of Higher Education in accordance with the provisions of sections 4-5 to 4-8, inclusive. The executive director shall have the responsibility for implementing the policies and directives of the office.

(P.A. 11-48, S. 244; 11-61, S. 114; P.A. 12-156, S. 56; P.A. 13-118, S. 16; 13-247, S. 174; P.A. 17-56, S. 1; P.A. 22-123, S. 2.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 deleted references to Secs. 10a-48 and 10a-48a, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 13-118 amended Subsec. (a) to replace “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 13-247 amended Subsec. (a) to delete provision re Office of Higher Education to be within Board of Regents for Higher Education for administrative purposes only, to delete references to Secs. 10a-36 to 10a-42g, 10a-164a and 10a-170 and to add references to Secs. 10a-169a, 10a-169b and 10a-173, effective July 1, 2013; P.A. 17-56 amended Subsec. (a) to delete reference to Sec. 10-19g and add reference to Sec. 10a-19g, effective June 20, 2017; P.A. 22-123 amended Subsec. (a) by adding reference to dissemination of information re postsecondary education opportunities and amended Subsec. (b) by deleting “and shall have additional responsibilities as the board may prescribe”, effective July 1, 2022.

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Sec. 10a-1e. Board of Regents for Higher Education and president of the Board of Regents for Higher Education substituted for former board, department and commissioner. Section 10a-1e is repealed, effective July 1, 2013.

(P.A. 11-48, S. 285; P.A. 12-156, S. 57; P.A. 13-240, S. 6; 13-247, S. 175; 13-299, S. 95.)

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Sec. 10a-1f. Office of Higher Education substituted for Office of Financial and Academic Affairs for Higher Education. (a) Wherever the term “Office of Financial and Academic Affairs for Higher Education” is used or referred to in the following sections of the general statutes, the term “Office of Higher Education” shall be substituted in lieu thereof: 10-155d, 10a-1d, 10a-10a, 10a-11, 10a-11a, 10a-22d, 10a-22r, 10a-22s, 10a-22u, 10a-34, 10a-34a, 10a-34c, 10a-34d, 10a-34e, 10a-34f, 10a-35, 10a-48a, 10a-104 and 10a-168a.

(b) Wherever the term “Office of Financial and Academic Affairs for Higher Education” is used or referred to in any public or special act of 2012, the term “Office of Higher Education” shall be substituted in lieu thereof.

(P.A. 12-156, S. 56; P.A. 13-247, S. 176.)

History: P.A. 12-156 effective June 15, 2012; P.A. 13-247 amended Subsec. (a) to delete references to Secs. 10a-163a, 10a-164a, 10a-169 and 10a-170, effective July 1, 2013 (Revisor's note: In Subsec. (a), references to Secs. 10a-38, 10a-39, 10a-40, 10a-42 and 10a-42g, repealed effective July 1, 2013, by P.A. 13-247, S. 389, were deleted editorially by the Revisors for clarity).

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Sec. 10a-1g. Board member training. (a) Not later than January 1, 2023, the Board of Regents for Higher Education and the Board of Trustees of The University of Connecticut shall each adopt a policy requiring that any new appointed member of either of said boards receive instruction and training in (1) a board member's duties to the state and the public institution of higher education governed by the board, (2) each committee of the board, including, but not limited to, the executive committee, and its functions, (3) professional accounting and reporting standards, (4) methods for meeting the statutory, regulatory and fiduciary obligations of the board, (5) the provisions of the Freedom of Information Act, as defined in section 1-200, (6) a board member's institutional and statutory ethical responsibilities, (7) the development and implementation of institutional policies, (8) business operations, administration, budgeting, financing, financial reporting, financial reserves and endowment managing relevant to institutions of higher education, (9) student tuition, mandatory fees and student debt trends, (10) oversight of planning, construction, maintenance, expansion and renovation projects that impact the infrastructure, physical facilities and natural environment of the public institution of higher education governed by the board, (11) workforce planning, strategy and investment, (12) institutional advancement, including, but not limited to, philanthropic giving, fundraising initiatives, alumni programming, communications and media, government and public relations and community affairs, (13) student welfare issues, including, but not limited to, academic studies, curriculum, residence life, student governance and activities and the general physical and mental well-being of students, (14) current and anticipated issues in higher education, and (15) any other topics each governing board deems necessary. A member shall complete such instruction and training not later than one year after being appointed or elected to either of said boards.

(b) Not later than January 1, 2023, each public institution of higher education shall post on its Internet web site (1) the policy established by its governing board pursuant to subsection (a) of this section, and (2) a summary of the instruction and training received by the members of its governing board in accordance with such policy.

(P.A. 22-16, S. 1.)

History: P.A. 22-16 effective July 1, 2022.

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Sec. 10a-2. (Formerly Sec. 10-323a). Board of Governors of Higher Education; appointment; selection of chairperson. Section 10a-2 is repealed, effective July 1, 2011.

(P.A. 77-573, S. 2, 30; 77-614, S. 302, 587, 610; P.A. 78-189; 78-303, S. 85, 136; P.A. 79-414; P.A. 82-218, S. 2, 46; 82-391, S. 3, 6; P.A. 84-241, S. 2, 5; P.A. 91-405, S. 2; P.A. 97-47, S. 47; P.A. 08-116, S. 1; P.A. 11-48, S. 304.)

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Sec. 10a-3. Student advisory committee to Board of Regents for Higher Education. Membership. Duties. (a) There shall be a student advisory committee to the Board of Regents for Higher Education to assist the board in performing its statutory functions. The committee shall consist of the following student members: One member from each of the institutions within the jurisdiction of the Connecticut State University System, one member from each of the regional community-technical colleges and one member from Charter Oak State College. For the term commencing on July 1, 2015, the members from six of the regional community-technical colleges and two of the institutions within the jurisdiction of the Connecticut State University System, as selected by the student members whose terms expire on or before June 30, 2015, shall serve a term of one year. For the term commencing on July 1, 2016, and every term thereafter, the members from such selected colleges and institutions shall serve a term of two years. All remaining members shall serve a term of two years. If any member ceases to be a matriculating student in good standing, either as a full-time or part-time undergraduate or graduate student at the institution within the constituent unit system that elected such student, the membership of such student shall terminate. If the membership of any such student member terminates, the student government organization of the institution of higher education that elected such member shall, not later than thirty days after the membership terminates and in such a manner as the council determines, elect a student member who shall serve for the remainder of the term.

(b) The members of the committee and alternates for such members shall be elected by the student government organization of the institution of higher education they are to represent. The alternate members of the committee may serve in the absence of the regularly elected member.

(c) The committee shall, on a rotating basis among its members and by a consensus vote of all its members, elect its own chairperson and vice-chairperson, one of whom shall be a member from the Connecticut State University System or Charter Oak State College and the other of whom shall be a member from the regional community-technical colleges, and such other officers as it deems necessary, to serve for a term of one year. The committee shall be deemed to be a public agency within the scope of the Freedom of Information Act, as defined in section 1-200, and shall keep such records as may be appropriate.

(d) The committee, established pursuant to subsection (a) of this section, shall meet at least biannually with the Board of Regents for Higher Education. Agendas shall be prepared for such meetings and shall be distributed by the board prior thereto and shall consist of matters recommended for inclusion by the chairperson of the Board of Regents for Higher Education and the committee. Such meetings shall be chaired by the chairperson of the Board of Regents for Higher Education and the committee members shall have the right to participate in all discussions and deliberations, but shall not have the right to vote at such meetings.

(P.A. 82-218, S. 3, 46; P.A. 83-587, S. 15, 96; P.A. 84-241, S. 2, 5; P.A. 89-260, S. 9, 41; P.A. 91-256, S. 46, 69; P.A. 92-126, S. 20, 48; P.A. 97-47, S. 30; P.A. 99-285, S. 5, 12; P.A. 11-48, S. 213; P.A. 15-248, S. 1.)

History: P.A. 82-218 effective March 1, 1983; P.A. 83-587 made a technical amendment to Subsec. (a), substituting “Connecticut State University” for “state colleges”; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 89-260 in Subsec. (a) provided that for the constituent unit of the state system of higher education under the jurisdiction of the board of trustees of the community-technical colleges there shall be two members where the other constituent units each have one member; P.A. 91-256 made technical change in Subsec. (a); P.A. 92-126 changed the descriptions of the members representing technical or technological education; P.A. 97-47 amended Subsec. (c) by substituting “the Freedom of Information Act, as defined in Sec. 1-18a” for “chapter 3”; P.A. 99-285 amended Subsec. (a)(3) to specify that the faculty members be from the faculty senate, effective July 1, 1999; P.A. 11-48 replaced advisory committee to the Board of Governors of Higher Education with student advisory committee to the Board of Regents for Higher Education and replaced former provisions with provisions re membership and duties of student advisory committee, effective July 1, 2011; P.A. 15-248 amended Subsec. (a) to add provisions re staggered terms of student members and amended Subsec. (c) to permit chairperson and vice-chairperson to be a member representing Charter Oak State College and to change officers' terms from two years to one year, effective July 1, 2015.

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Sec. 10a-3a. Faculty advisory committee to Board of Regents for Higher Education. Membership. Duties. (a) There shall be a faculty advisory committee to the Board of Regents for Higher Education to assist the board in performing its statutory functions. The committee shall consist of the following members: Three teaching faculty members and one administrative faculty member who provides direct student services from the Connecticut State University System, three teaching faculty members and one administrative faculty member who provides direct student services from the regional community-technical college system and one teaching faculty member and one administrative faculty member who provides direct student services from Charter Oak State College. Such members shall serve a term of two years. If the membership of any such faculty member terminates, the constituent unit that elected such member shall, not later than thirty days after the membership terminates and in such manner as the council determines, elect a faculty member who shall serve for the remainder of the term.

(b) Not later than October 1, 2013, the members of the committee and alternates for such members shall be elected pursuant to a uniform, fair and open system-wide election by the faculty governance body of each of the constituent units they are to represent and, in the case of Charter Oak State College, by a majority vote of the Academic Council at Charter Oak State College. The alternate members of the committee may serve in the absence of the regularly elected member. Nothing in this section shall be construed to require a labor union representing faculty members to participate in any election held pursuant to this subsection.

(c) The committee shall, on a rotating basis among its members, elect its own chairperson and vice-chairperson, one of whom shall be a member from the Connecticut State University System and the other of whom shall be a member from the regional community-technical colleges, and such other officers as it deems necessary, to serve for a term of two years. The committee shall be deemed to be a public agency within the scope of the Freedom of Information Act, as defined in section 1-200, and shall keep such records as may be appropriate.

(e) Beginning on January 1, 2012, and annually thereafter, the faculty advisory committee shall report to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations, in accordance with the provisions of section 11-4a, regarding the performance of its statutory functions and its biannual meetings with the Board of Regents for Higher Education.

(P.A. 11-48, S. 214; P.A. 12-7, S. 1.)

History: P.A. 11-48 effective July 1, 2011; P.A. 12-7 amended Subsec. (a) to specify that committee shall consist of 3 teaching faculty members and 1 administrative faculty member who provides direct student services from the Connecticut State University System and the regional community-technical college system and 1 teaching faculty member and 1 such administrative faculty member from Charter Oak State College, and amended Subsec. (b) to require uniform, fair and open system-wide election not later than October 1, 2013, substitute “governance body of” for “senates representing”, add provision re majority vote of the Academic Council at Charter Oak State College and provide that nothing in section shall be construed to require a labor union representing faculty members to participate in election, effective July 1, 2012.

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(P.A. 77-573, S. 4, 30; P.A. 82-218, S. 4, 5, 46; P.A. 84-241, S. 2, 5; P.A. 87-256, S. 1; P.A. 88-136, S. 15, 16, 37; P.A. 91-230, S. 3, 6, 17; P.A. 93-201, S. 7, 24; P.A. 11-48, S. 304; 11-51, S. 90.)

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Sec. 10a-6. Duties of the Board of Regents for Higher Education. Policy goals. Access to information. (a) The Board of Regents for Higher Education shall: (1) Establish policies and guidelines for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (2) develop a master plan for higher education and postsecondary education at the Connecticut State University System, the regional community-technical college system and Charter Oak State College consistent with the goals identified in section 10a-11c; (3) establish tuition and student fee policies for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (4) monitor and evaluate the effectiveness and viability of the state universities, the regional community-technical colleges and Charter Oak State College in accordance with criteria established by the board; (5) merge or close institutions within the Connecticut State University System, the regional community-technical college system and Charter Oak State College in accordance with criteria established by the board, provided (A) such recommended merger or closing shall require a two-thirds vote of the board, and (B) notice of such recommended merger or closing shall be sent to the committee having cognizance over matters relating to education and to the General Assembly; (6) review and approve mission statements for the Connecticut State University System, the regional community-technical college system and Charter Oak State College and role and scope statements for the individual institutions and campuses of such constituent units; (7) review and approve any recommendations for the establishment of new academic programs submitted to the board by the state universities within the Connecticut State University System, the regional community-technical colleges and Charter Oak State College, and, in consultation with the affected constituent units, provide for the initiation, consolidation or termination of academic programs; (8) develop criteria to ensure acceptable quality in (A) programs at the Connecticut State University System, the regional community-technical college system and Charter Oak State College, and (B) institutions within the Connecticut State University System and the regional community-technical college system and enforce standards through licensing and accreditation; (9) prepare and present to the Governor and General Assembly, in accordance with section 10a-8, consolidated operating and capital expenditure budgets for the Connecticut State University System, the regional community-technical college system, Charter Oak State College and the central office of the Connecticut State Colleges and Universities developed in accordance with the provisions of said section 10a-8; (10) review and make recommendations on plans received from the Connecticut State University System, the regional community-technical college system and Charter Oak State College to implement the goals identified in section 10a-11c; (11) appoint advisory committees with representatives from public and independent institutions of higher education to study methods and proposals for coordinating efforts of the public institutions of higher education under its jurisdiction with The University of Connecticut and the independent institutions of higher education to implement the goals identified in section 10a-11c; (12) evaluate (A) means of implementing the goals identified in section 10a-11c, and (B) any recommendations made by the Planning Commission for Higher Education in implementing the strategic master plan pursuant to section 10a-11b through alternative and nontraditional approaches such as external degrees and credit by examination; (13) coordinate programs and services among the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (14) assess opportunities for collaboration with The University of Connecticut and the independent institutions of higher education to implement the goals identified in section 10a-11c; (15) make or enter into contracts, leases or other agreements in connection with its responsibilities under this part, provided all acquisitions of real estate by lease or otherwise shall be subject to the provisions of section 4b-23; (16) be responsible for the care and maintenance of permanent records of institutions of higher education dissolved after September 1, 1969; (17) prepare and present to the Governor and General Assembly legislative proposals affecting the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (18) develop and maintain a central higher education information system and establish definitions and data requirements for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (19) until June 30, 2024, report all new programs and program changes at the Connecticut State University System, the regional community-technical college system and Charter Oak State College to the Office of Higher Education; and (20) undertake such studies and other activities as will best serve the higher educational interests of the Connecticut State University System, the regional community-technical college system and Charter Oak State College.

(b) Within the limits of authorized expenditures, the policies of the state system of higher education shall be consistent with (1) the following goals: (A) To ensure that no qualified person be denied the opportunity for higher education on the basis of age, sex, gender identity or expression, ethnic background or social, physical or economic condition, or erased criminal history record information, as defined in section 46a-80a, (B) to protect academic freedom, (C) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (D) to assure the fullest possible use of available resources in public and private institutions of higher education, (E) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (F) to apply the resources of higher education to the problems of society, and (G) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests; and (2) the goals for higher education in the state identified in section 10a-11c. Said board shall review recent studies of the need for higher education services, with special attention to those completed pursuant to legislative action, and to meet such needs shall initiate additional programs or services through one or more of the constituent units.

(d) The board of regents shall request and receive, or be provided electronic access to, data, reports and other information from the public institutions of higher education under its jurisdiction that are necessary for the board to carry out its responsibilities pursuant to this section.

(P.A. 77-573, S. 6, 30; P.A. 79-418; P.A. 82-218, S. 6, 46; P.A. 83-533, S. 53, 54; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 1, 16; 91-230, S. 10, 17; 91-256, S. 10, 69; P.A. 92-126, S. 5, 48; 92-154, S. 9, 23; P.A. 99-285, S. 3, 12; P.A. 04-257, S. 13; P.A. 11-48, S. 285; 11-55, S. 10; 11-70, S. 4; P.A. 12-129, S. 7; P.A. 13-118, S. 4; 13-247, S. 184; P.A. 14-117, S. 3; P.A. 15-75, S. 3; P.A. 21-32, S. 25; June Sp. Sess. P.A. 21-2, S. 268; P.A. 22-16, S. 5.)

History: P.A. 79-418 amended Subsec. (d) to make provisions applicable to eligible employees regardless of employment date, provisions previously applicable to eligible employees “employed on or after October 1, 1975”; P.A. 82-218 repealed authority of board of higher education in Subsec. (a) and delineated powers and duties of board of governors and repealed Subsec. (c) which contained elements of a master plan for higher education, reflecting reorganization of state system of higher education, effective March 1, 1983; Sec. 10-323e transferred to Sec. 10a-6 in 1983; P.A. 83-533 repealed former Subsec. (c) which had permitted board to authorize participation in an alternate retirement program by unclassified employees of state system of higher education and higher education department staff; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 91-174 amended Subsec. (a) by adding the language in Subdivs. (15) and (18) pertaining to independent institutions; P.A. 91-230 deleted Subsec. (a)(11) re responsibility for reviewing and approving capital expenditure requests from the constituent units before submission to the state bond commission, renumbered remaining Subdivs. and in newly renumbered Subdiv. (11) changed “approve” to “make recommendations on”; P.A. 91-256 in Subsec. (a)(12) changed “approve” to “make recommendations on”; P.A. 92-126 and P.A. 92-154 both amended Subsec. (a)(6) to remove the authority of the general assembly to accept or reject a recommended merger or closing; P.A. 99-285 added Subsec. (d) re electronic access, effective July 1, 1999; P.A. 04-257 made a technical change in Subsec. (d), effective June 14, 2004; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-55 amended Subsec. (b)(1) to prohibit discrimination on basis of gender identity or expression; P.A. 11-70 replaced “branches” with “campuses” in Subsec. (a)(7) (Revisor's note: In Subsec. (a)(10), a reference to repealed Sec. 10a-9 was deleted editorially by the Revisors); P.A. 12-129 amended Subsec. (a) by limiting authority of Board of Regents for Higher Education to merge or close institutions in Subdiv. (6) and to review and approve mission statements in Subdiv. (7) to the Connecticut State University System, the regional community-technical college system and the Board for State Academic Awards, effective July 1, 2012; P.A. 13-118 amended Subsec. (a) to replace “constituent unit boards of trustees” with “state colleges within the Connecticut State University System, the regional community-technical colleges and the Board for State Academic Awards” in Subdiv. (8), add new Subdiv. (19) re reporting all new programs and program changes to the Office of Higher Education and redesignate existing Subdiv. (19) as Subdiv. (20), effective July 1, 2013; P.A. 13-247 amended Subsec. (a) to delete former Subdiv. (4) re establishing state-wide student financial aid policies and redesignate existing Subdivs. (5) to (19) as Subdivs. (4) to (18), effective July 1, 2013; P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014; P.A. 15-75 amended Subsec. (a) by deleting references to state-wide policies and public higher education, adding references to the Connecticut State University System, the regional community-technical college system and Charter Oak State College, adding provisions re goals identified in Sec. 10a-11c and deleting provision in Subdiv. (7) re notification of proposed termination of academic program, amended Subsec. (b) by designating existing provisions re goals as new Subdiv. (1) and adding new Subdiv. (2) re goals identified in Sec. 10a-11c, amended Subsec. (d) by replacing “constituent units of the state system of higher education that is” with “public institutions of higher education under its jurisdiction that are”, and made conforming and technical changes, effective July 1, 2015; P.A. 21-32 amended Subsec. (b)(1)(A) to prohibit discrimination on basis of erased criminal history record information, effective January 1, 2023; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(19) by adding “until June 30, 2024,”, effective July 1, 2021; P.A. 22-16 amended Subsec. (a)(9) by adding “and the central office of the Connecticut State Colleges and Universities”, effective July 1, 2022.

Annotation to former section 10-323e:

Cited. 175 C. 586.

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Secs. 10a-6a and 10a-6b. Higher Education Coordinating Council; duties. Accountability measures; reports. Sections 10a-6a and 10a-6b are repealed, effective June 23, 2021.

(P.A. 92-126, S. 4, 48; P.A. 99-285, S. 1, 2, 12; P.A. 00-220, S. 24, 25, 38, 43; P.A. 01-173, S. 52, 67; P.A. 04-257, S. 14; P.A. 11-48, S. 228, 229; 11-61, S. 107; P.A. 13-240, S. 1; P.A. 14-225, S. 7; P.A. 15-75, S. 5; P.A. 16-15, S. 22; P.A. 17-156, S. 1; June Sp. Sess. P.A. 21-2, S. 493.)

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Sec. 10a-6c. Parameters for noncredit vocational courses and programs. Not later than January 1, 2015, the Board of Regents for Higher Education shall establish consistent parameters for noncredit vocational courses and programs to be recognized by each of the constituent units of the state system of public higher education, as described in section 10a-1.

(P.A. 14-225, S. 6.)

History: P.A. 14-225 effective July 1, 2014.

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Sec. 10a-7. Applicability of chapter 54 to the Board of Regents for Higher Education. (a) The provisions of chapter 54 shall be applicable to the Board of Regents for Higher Education, subject to the provisions of subsection (b) of this section.

(b) Policies, guidelines and criteria established by the board pursuant to section 10a-6 shall not be deemed to be regulations as defined in section 4-166, provided they are promulgated after reasonable opportunity has been provided for interested persons to present their views and, provided further, that such policies, guidelines and criteria remain subject to section 4-175.

(P.A. 82-218, S. 35, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285.)

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Sec. 10a-8. (Formerly Sec. 10-323f). Budget preparation. Development of program or formula-based budgeting system. Allocation of appropriations. Allotment reductions. Transfer of funds. (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 Regents for Higher Education shall be deemed the budgeted agency for the Connecticut State University System, the regional community-technical college system, Charter Oak State College and the central office of the Connecticut State Colleges and Universities. The Board of Regents for Higher Education shall develop a formula or program-based budgeting system to be used by each institution in preparing operating budgets. The Board of Regents for Higher Education shall prepare a single budget request itemized by the Connecticut State University System, the regional community-technical college system, Charter Oak State College and the central office of the Connecticut State Colleges and Universities 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 Regents for Higher Education and approved by said secretary. The budget request shall set forth, in the form prescribed by the Board of Regents for 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 regional community-technical college system, the Connecticut State University System and Charter Oak State College. After review and comment by the Board of Regents for 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 regional community-technical college system, the Connecticut State University System and Charter Oak State College 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 Regents for Higher Education for such fiscal year, provided if the General Assembly does not appropriate the amount requested by any such system or college, such system or college 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 units. Allotment reductions made pursuant to the provisions of subsections (b) and (c) of section 4-85 shall be applied by the Board of Regents for Higher Education among the appropriations to the constituent units and the central office of the Connecticut State Colleges and Universities without regard to the limitations on reductions provided in said section, except that said limitations shall apply to the total of the amounts appropriated. The Board of Regents for Higher Education shall apply such reductions after consultation with the Secretary of the Office of Policy and Management. 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 thirty days, approve or reject such reduction.

(b) The Board of Regents for Higher Education may transfer to or from any specific appropriation of a constituent unit a sum or sums totaling up to fifty thousand dollars or ten per cent of any such specific appropriation, whichever is less, in any fiscal year without the consent of the Finance Advisory Committee. Any such transfer shall be reported to the Finance Advisory Committee within thirty days of such transfer and such report shall be a record of said committee.

(P.A. 77-573, S. 7, 30; P.A. 80-213; P.A. 81-468, S. 3, 11; P.A. 82-218, S. 27, 46; P.A. 83-380, S. 1, 2; P.A. 84-241, S. 2, 5; 84-365, S. 5, 12; P.A. 89-260, S. 10, 41; P.A. 91-256, S. 11, 69; P.A. 92-126, S. 21, 48; P.A. 95-230, S. 26, 45; P.A. 96-244, S. 44, 63; P.A. 10-32, S. 31; P.A. 11-48, S. 215; 11-70, S. 5; P.A. 12-156, S. 11; P.A. 14-117, S. 4; P.A. 22-16, S. 2.)

History: P.A. 80-213 amended Subsec. (c) to make $10,000, rather than $5,000 the key amount in provisions re transferred funds; P.A. 81-468 required submission of budget request to secretary of the office of policy and management, replacing obsolete reference to director of the budget and added provision detailing contents of expenditure plan and budget request; P.A. 82-218 reorganized state system of higher education, replacing board of higher education with board of governors and adding provisions in Subsec. (b) re budget request and appropriations procedures, effective March 1, 1983; Sec. 10-323f transferred to Sec. 10a-8 in 1983; P.A. 83-380 amended Subsec. (c) to increase amounts allowed to be transferred to or from any specific appropriation of a constituent unit from $10,000 to $50,000 or 10% of any such specific appropriation, whichever is less; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 84-365 deleted Subsec. (a) re preparation of single public higher education budget for the fiscal year commencing July 1, 1984, and amended new Subsec. (a), formerly (b), to require the boards of trustees of the regional community colleges, the state technical colleges, Connecticut State University and The University of Connecticut to prepare a proposed expenditure plan to be incorporated into the single public higher education budget request, relettering remaining Subsecs. as necessary; P.A. 89-260 in Subsec. (a) substituted the board of trustees of the community-technical colleges for the boards of trustees of the regional community colleges and the state technical colleges and substituted “regional technical colleges” for “state technical colleges”; P.A. 91-256 deleted requirement that the expenditure plans be approved by the board of governors and substituted provision for comment and recommendations by the board and made technical changes; P.A. 92-126 replaced references to community colleges and technical colleges with reference to community-technical colleges; P.A. 95-230 amended Subsec. (a) to add proviso if appropriation by the General Assembly is not the amount requested, the board of trustees may increase tuition and fees by a greater amount than that included in the budget request, effective June 7, 1995; P.A. 96-244 amended Subsec. (a) to apply to all boards of trustees the provision concerning the authority to increase tuition and fees when the General Assembly does not appropriate the amount requested by the board and made a technical change, effective June 6, 1996; P.A. 10-32 made technical changes in Subsec. (a), effective May 10, 2010; P.A. 11-48 amended Subsec. (a) to replace “Board of Governors of Higher Education” with “Board of Regents for Higher Education”, remove references to The University of Connecticut, make conforming changes and increase from 10 days to 30 days the deadline by which appropriations committee shall act on a reduction of more than 5% of the appropriations of any constituent unit, effective July 1, 2011; P.A. 11-70 made technical changes in Subsec. (a); P.A. 12-156 amended Subsec. (a) by replacing “colleges” with “college system”, and replacing “board of trustees” with “system”, effective June 15, 2012; P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014; P.A. 22-16 amended Subsec. (a) by adding the central office of the Connecticut State Colleges and Universities as a separate budget item and making technical changes and amended Subsec. (b) by changing the “boards of trustees of each of the constituent units” to “Board of Regents for Higher Education” and making a conforming change, effective July 1, 2022.

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Sec. 10a-8a. Academic Library Accountability Committee. Section 10a-8a is repealed, effective July 1, 2011.

(P.A. 92-120, S. 2, 3; P.A. 11-48, S. 304.)

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Sec. 10a-8b. Higher Education State Matching Grant Fund. There is established a Higher Education State Matching Grant Fund to be administered by the Office of Higher Education. Moneys required to be appropriated by the state for purposes of the state match of endowment fund eligible gifts under subdivision (2) of subsection (a) of section 10a-143a, subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a and subdivision (2) of subsection (b) of section 10a-109i shall be deposited in the fund. The fund shall be held separate and apart from all other funds and accounts of the state and the board. The Office of Higher Education shall transfer, in accordance with said subdivisions, from the fund amounts each fiscal year for deposit in the endowment funds established for the benefit of each constituent unit pursuant to subdivision (1) of subsection (a) of section 10a-143a, subdivision (1) of subsection (a) of section 10a-77a, subdivision (1) of subsection (a) of section 10a-99a and subdivision (1) of subsection (b) of section 10a-109i. The amount transferred shall be certified based on agreed upon procedures developed by an independent certified accountant or, upon request, the Auditors of Public Accounts to determine compliance with this section. Such procedures shall be mutually agreed upon by each constituent unit and the Office of Higher Education prior to commencement of the certification. State matching funds shall be maintained in such manner that such funds and any earnings derived from such funds may be accounted for fully.

(P.A. 97-293, S. 1, 26; P.A. 98-252, S. 48, 80; P.A. 99-285, S. 4, 12; P.A. 11-48, S. 285; P.A. 12-156, S. 12.)

History: P.A. 97-293 effective July 1, 1997; P.A. 98-252 added requirement for the amount transferred to be certified based on agreed upon procedures, effective July 1, 1998; P.A. 99-285 added the requirement that the matching funds be maintained in such manner that such funds and earnings derived from such funds may be accounted for fully, effective July 1, 1999; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-8c. Matching grant: Restrictions on appropriations. Exception. (a) Except as provided in subsection (b) of this section, notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 10a-109i and 10a-143a, no funds shall be appropriated to the Office of Higher Education for grants pursuant to subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a, subdivision (2) of subsection (b) of section 10a-109i and subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time as the amount in the Budget Reserve Fund, established in section 4-30a, equals ten per cent of the net General Fund appropriations for the fiscal year in progress, (2) the amount of the grants appropriated shall be reduced proportionately if the amount available is less than the amount required for such grants, and (3) the amount of funds available to be appropriated during any fiscal year for such grants shall not exceed twenty-five million dollars.

(b) Endowment fund eligible gifts that meet the criteria set forth in subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a, subdivision (2) of subsection (b) of section 10a-109i and subdivision (2) of subsection (a) of section 10a-143a made by donors during the period from January 1, 2005, to June 30, 2005, shall be matched by the Office of Higher Education in an amount equal to one-half of the total amount of endowment fund eligible gifts received. The board shall transfer the amount of the match to the endowment funds of the constituent units in accordance with section 10a-8b.

(June Sp. Sess. P.A. 05-3, S. 68; P.A. 06-135, S. 11; P.A. 11-48, S. 285; P.A. 12-156, S. 13.)

History: June Sp. Sess. P.A. 05-3 effective June 30, 2005; P.A. 06-135 designated existing language as Subsec. (a), making a conforming change therein, and added Subsec. (b) re exception to restrictions, effective July 1, 2006; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-8d. Board of Regents for Higher Education: Report re allocation of funds. Not later than January 1, 2022, and annually thereafter, the Board of Regents for Higher Education shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations and the budgets of state agencies. Such report shall include: (1) The methods used to allocate the current fiscal year's General Fund block grants to institutions, and the resulting total amount each institution will receive over the fiscal year; (2) for the prior fiscal year, the amount of non-General Fund revenues transferred from each institution to the system office for any purpose, including the methods used to determine the transferred amounts and a description of each such purpose; and (3) a list of institutional staff or faculty that were temporarily stationed at the system office or reassigned new duties at the system office during the prior fiscal year, including the following information for each staff or faculty member: (A) Title at the institution and at the system office, (B) system office duties, (C) cumulative length of time stationed at or reassigned to the system office, and (D) in which budget, institutional or system office, the person's personal services costs were accounted.

(June Sp. Sess. P.A. 21-2, S. 8.)

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Secs. 10a-9 and 10a-9a. Development of planning, budgeting and management information system. Task force to develop higher education management information and student information system. Sections 10a-9 and 10a-9a are repealed, effective July 1, 2011.

(P.A. 82-218, S. 28, 46; P.A. 84-241, S. 2, 5; P.A. 91-230, S. 11, 17; P.A. 92-126, S. 6, 48; P.A. 11-48, S. 304.)

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Sec. 10a-9b. Use of CORE-CT system by constituent units. (a) The constituent units of the state system of higher education, as defined in section 10a-1, shall use best efforts to work with the Secretary of the Office of Policy and Management, the Department of Administrative Services and the Comptroller to fully utilize the CORE-CT system in carrying out accounting processes and financial reporting that meet constitutional needs and providing for budgetary and financial reporting needs.

(b) The constituent units of the state system of higher education, as defined in section 10a-1, shall use best efforts to work with the Secretary of the Office of Policy and Management, the Department of Administrative Services and the Comptroller to fully utilize the CORE-CT system to provide for human resources and payroll reporting and to initiate the process of determining consistent classification and compensation for employees not represented by an employee organization, as defined in section 5-270.

(P.A. 11-48, S. 22.)

History: P.A. 11-48 effective July 1, 2011.

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Sec. 10a-10. Office of Educational Opportunity. The Office of Higher Education shall establish an Office of Educational Opportunity in the Office of Higher Education, within the limits of funds appropriated for such purpose. The Office of Educational Opportunity shall assist the Office of Higher Education in state-wide efforts to increase enrollment, retention and graduation of disadvantaged students.

(P.A. 82-218, S. 42, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 14; P.A. 13-261, S. 4.)

History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced “Board of Regents for Higher Education” with “Office of Higher Education” and deleted requirement that office help ensure faculties, administrators and other staff are representative of diversity of total state population, effective June 15, 2012; P.A. 13-261 changed “office” to “Office of Educational Opportunity” and “board” to “Office of Higher Education”, effective July 11, 2013.

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Sec. 10a-10a. Alternate route to certification for bilingual education teachers and teachers of English as a second language. The Office of Higher Education shall develop, within available appropriations, an alternate route to certification for persons seeking certification as bilingual education teachers and teachers of English as a second language.

(P.A. 99-211, S. 5, 10; P.A. 11-48, S. 256; P.A. 12-156, S. 56.)

History: P.A. 99-211 effective July 1, 1999; P.A. 11-48 replaced “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-11. Strategic plan to ensure racial and ethnic diversity. Report. Minority advancement program. (a) The Office of Higher Education shall, in consultation with the institutions of the state system of higher education and the constituent unit boards of trustees, develop a strategic plan, consistent with the affirmative action plan submitted to the Commission on Human Rights and Opportunities in accordance with section 46a-68, to ensure that students, faculty, administrators and staff at each institution are representative of the racial and ethnic diversity of the total population of the state. For each institution, there shall be an approved plan which shall include goals, programs and timetables for achieving those goals, and a procedure to monitor annually the results of these programs and a procedure to take corrective action if necessary. The Office of Higher Education shall also develop policies to guide equal employment opportunity officers and programs in all constituent units and at each institution of public higher education.

(b) The Office of Higher Education shall report annually to the Governor and General Assembly on the activities undertaken by the office in accordance with subsection (a) of this section. The report shall include institutional goals and plans for attaining such goals, as well as changes in enrollment and employment at the state's institutions of public higher education. If it is determined that an institution has failed to achieve the goals set out pursuant to this section, such institution shall develop a plan of corrective procedures to ensure that such goals are achieved, subject to the approval of the Office of Higher Education. The Office of Higher Education may establish a minority advancement program to reward and support efforts by institutions within the state system of higher education towards meeting the goals established in the strategic plan developed pursuant to subsection (a) of this section.

(P.A. 82-218, S. 43, 46; P.A. 84-241, S. 2, 5; P.A. 86-385, S. 1, 3; P.A. 11-48, S. 257; 11-51, S. 74; P.A. 12-156, S. 56.)

History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 86-385 amended Subsec. (b) to authorize establishment of minority advancement program; P.A. 11-48 replaced “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; P.A. 11-51 amended Subsec. (a) to add reference to Sec. 46a-68 and to change “affirmative action officers” to “equal employment opportunity officers”, effective June 30, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-11a. Connecticut collegiate awareness and preparation program. (a) As part of the minority advancement program, the Office of Higher Education shall establish a Connecticut collegiate awareness and preparation program to develop linkages with public school systems targeted by the office for the purpose of providing motivation and skills development for middle school or high school underachievers.

(b) Funding for said program shall be on a competitive basis open to all Connecticut institutions of higher education. The Office of Higher Education shall issue a request for proposals to all Connecticut higher educational institutions. A panel shall review applications on the basis of an evaluation format developed by said office. Payment will be made under contractual agreements between the office and the grant recipients.

(P.A. 86-385, S. 2, 3; P.A. 87-336, S. 2, 3; P.A. 11-48, S. 258; P.A. 12-156, S. 56.)

History: P.A. 87-336 substituted “collegiate” for “college” in Subsec. (a); P.A. 11-48 amended Subsec. (a) to change “Board of Governors of Higher Education” and “board of governors” to “Office of Financial and Academic Affairs for Higher Education” and “office”, and amended Subsec. (b) to change “Department of Higher Education” and “department” to “Office of Financial and Academic Affairs for Higher Education” and “office”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-11b. Higher education strategic master plan. Planning Commission for Higher Education established. Members. Duties. Goals and benchmarks. Reports. Standing subcommittees and advisory committees. (a) There is established a Planning Commission for Higher Education to develop and ensure the implementation of a higher education strategic master plan in Connecticut.

(1) The commission shall consist of the following voting members: (A) The president of the Connecticut State Colleges and Universities, the president of The University of Connecticut, or their designees from the Board of Regents and Board of Trustees; (B) the provost of the Connecticut State Colleges and Universities and the provost of The University of Connecticut; (C) the chair of the Board of Regents for the Connecticut State Colleges and Universities, and the Board of Trustees for The University of Connecticut, or the chairs' designees; (D) the president, vice president or chair of the board of a large independent institution of higher education in the state, to be selected by the president of the Connecticut Conference of Independent Colleges; (E) the president, vice president or chair of the board of a small independent institution of higher education in the state, to be selected by the president of the Connecticut Conference of Independent Colleges; (F) a representative from a private career school, to be selected by the Commissioner of Education; (G) a teaching faculty representative from the Connecticut State Universities, to be selected by the president of the Connecticut State Colleges and Universities; (H) a teaching faculty representative from the regional community-technical colleges, to be selected by the president of the Connecticut State Colleges and Universities; (I) a teaching faculty representative from The University of Connecticut, to be selected by the president of The University of Connecticut; (J) a teaching faculty representative from a private career school in the state, to be selected by the Commissioner of Education; (K) one member appointed by the president pro tempore of the Senate, who shall be a representative of a large manufacturing employer in the state; (L) one member appointed by the speaker of the House of Representatives, who shall be a representative of a large financial or insurance services employer in the state; (M) one member appointed by the majority leader of the Senate, who shall be a representative of an information technology or digital media employer in the state; (N) one member appointed by the minority leader of the Senate, who shall be a representative of a small business employer in the state; (O) one member appointed by the majority leader of the House of Representatives, who shall be a representative of a health care employer in the state; and (P) one member appointed by the minority leader of the House of Representatives, who shall be a representative of a small business employer in the state. The commission membership shall, where feasible, reflect the state's geographic, racial and ethnic diversity.

(2) The following persons shall serve as ex-officio nonvoting members on the commission: (A) The Commissioner of Education, the Commissioner of Economic and Community Development and the Labor Commissioner, or their designees; (B) the president of the Connecticut Conference of Independent Colleges, or the president's designee; (C) a member of the State Board of Education, as designated by the chairperson of the state board; (D) the superintendent of the technical high school system, or the superintendent's designee; (E) the chief executive officer of Connecticut Innovations, Incorporated, or the chief executive officer's designee; (F) the executive director of the Office of Higher Education; (G) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement; and (H) the Secretary of the Office of Policy and Management, or the secretary's designee.

(3) The Governor shall appoint the chairperson from among the commission's members. The commission shall elect a vice-chairperson at its first meeting. Any vacancies shall be filled by the appointing authority. The term of each appointed member of the commission shall be three years from the date of appointment. The commission members shall serve without compensation. The commission may seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section. The commission may, within available appropriations, retain consultants to assist in carrying out its duties. The commission may receive funds from any public or private sources to carry out its activities. The commission shall be within the Office of Higher Education and shall be responsible for implementing any policies developed by the commission.

(b) The commission shall develop and ensure the implementation of a higher education strategic master plan that:

(1) Examines the impact of demographic, workforce and education trends on higher education in the state;

(2) (A) Establishes numerical goals for 2015, 2020 and 2025 to increase the number of people earning a bachelor's degree, associate degree or certificate, increases the number of people successfully completing coursework at the community college level and the number of people entering the state's workforce and eliminates the postsecondary achievement gap between minority students and the general student population, and (B) includes specific strategies for meeting such goals, as well as strategies for meeting the goals pursuant to subsection (b) of section 10a-6 and section 10a-11c;

(3) Examines and recommends changes to funding policies, practices and accountability in order to (A) align policies and practices with the goals set forth in subsection (b) of section 10a-6 and section 10a-11c; (B) determine how the constituent units shall annually report to the General Assembly and the public in a transparent and thorough manner regarding each constituent unit's expenditures, staffing and state support, including the state appropriation, personnel expenses, personnel fringe benefits, capital improvement bonds and financial aid to students; and (C) improve coordination of appropriation, tuition and financial aid and seek ways to maximize funding through federal and private grants; and

(4) Recommends ways in which each constituent unit of the state system of higher education and independent institution of higher education in the state can, in a manner consistent with such institution's mission, expand such institution's role in advancing the state's economic growth.

(c) In developing the higher education strategic master plan, the commission shall review the plans pursuant to sections 10a-6 and 10a-11. In addition, the commission may consider the following: (1) Establishing incentives for institutional performance and productivity; (2) increasing financial aid incentive programs, especially in workforce shortage areas and for minority students; (3) implementing mandatory college preparatory curricula in high schools and aligning such curricula with curricula in institutions of higher education; (4) seeking partnerships with the business community and public institutions of higher education to serve the needs of workforce retraining that may include bridge programs in which businesses work directly with higher education institutions to move students into identified workforce shortage areas; (5) establishing collaborative partnerships between public high schools and institutions of higher education; (6) implementing programs in high school to assist high school students seeking a college track or alternative pathways for post-secondary education, such as vocational and technical opportunities; (7) developing policies to promote and measure retention and graduation rates of students, including graduation rates for students who have transferred among two or more constituent units or public institutions of higher education; (8) developing policies to promote the Transfer and Articulation program and the Guaranteed Admission program state wide; (9) addressing the educational needs of minority students and nontraditional students, including, but not limited to, part-time students, incumbent workers, adult learners, former inmates and immigrants, in order to increase enrollment and retention in institutions of higher education; and (10) addressing the affordability of tuition at institutions of higher education and the issue of increased student indebtedness.

(d) Not later than June 1, 2014, the commission shall submit a preliminary report on the development of the higher education strategic master plan and, not later than September 1, 2014, the commission shall submit the higher education strategic master plan, including specific goals and benchmarks for the years ending 2020 and 2025, together with any recommendations for appropriate legislation and funding to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with the provisions of section 11-4a.

(e) Not later than January 1, 2016, and annually thereafter, the commission shall submit a report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with section 11-4a, on the implementation of the plan and progress made toward achieving the goals specified in the plan. The commission may periodically suggest changes to the goals as necessary.

(f) Not later than January 1, 2018, for purposes of implementing the higher education strategic master plan pursuant to subsection (b) of this section, the commission, in collaboration with the Office of Policy and Management, shall establish two standing subcommittees and may establish any working groups necessary to supplement the work of the subcommittees or work. The chairperson and vice-chairperson of the commission shall appoint the members of the standing subcommittees and working groups, and may appoint members to such standing subcommittees and working groups who are not members of the commission.

(1) One standing subcommittee shall focus on data, metrics and accountability, and build upon the work of the Preschool through 20 and Workforce Information Network in its measures and data. Such measures shall be used to assess the progress of each public institution of higher education toward meeting the commission's goals. The subcommittee shall collaborate with the Labor Department to (A) produce periodic reports, capable of being sorted by student age, on the employment status, job retention and earnings of students enrolled in academic and noncredit vocational courses and programs, both prior to enrollment and after completion of such courses and programs, who leave the constituent units upon graduation or otherwise, and (B) develop an annual affordability index for public higher education that is based on state-wide median family income. The subcommittee shall submit annual reports to the commission and the constituent units.

(2) One standing subcommittee shall focus on the higher education strategic master plan, analyzing the plans submitted since 2014 and making recommendations to the commission on key areas. The commission may recommend key areas of focus each year and require the standing subcommittee to report to the commission on such key areas.

(g) The commission may appoint advisory committees with representatives from public and independent institutions of higher education to study methods and proposals for coordinating efforts of the public institutions of higher education and the independent institutions of higher education to implement the goals identified in section 10a-11c.

(h) The commission may review its goals and plans and determine how best to align its work with the work of the Higher Education Innovation and Entrepreneurship Working Group and the Higher Education Entrepreneurship Advisory Committee, established pursuant to sections 32-39s and 32-39t.

(June Sp. Sess. P.A. 07-3, S. 41; P.A. 08-116, S. 2; P.A. 11-48, S. 90, 285; 11-70, S. 11; June 12 Sp. Sess. P.A. 12-2, S. 54; P.A. 13-240, S. 11; 13-261, S. 8; P.A. 14-65, S. 13; P.A. 15-75, S. 6; P.A. 16-15, S. 23; P.A. 17-229, S. 2; P.A. 18-103, S. 6; June Sp. Sess. P.A. 21-2, S. 197; P.A. 22-123, S. 30.)

History: June Sp. Sess. P.A. 07-3 effective July 1, 2007; P.A. 08-116 made technical changes in Subsecs. (a)(1)(C), (a)(2)(A) and (d)(6), effective May 27, 2008; P.A. 11-48 amended Subsec. (a)(2) by deleting former Subpara. (D) re director of the Office of Workforce Competitiveness and redesignating existing Subparas. (E) and (F) as Subparas. (D) and (E), effective July 1, 2011; pursuant to P.A. 11-48, “Commissioner of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “president of the Board of Regents for Higher Education” and “Board of Regents for Higher Education”, respectively, effective July 1, 2011; P.A. 11-70 amended Subsec. (a) to replace “Blue Ribbon Commission” with “Planning Commission for Higher Education” and require commission to ensure implementation of strategic master plan, amended Subsec. (b) to add reference to Sec. 10a-6(a)(2), delete language re overall goals for higher education, incorporate existing Subsec. (c)(1), (4) and (5) as Subdivs. (1), (3) and (4) and add new Subdiv. (2) and provisions in Subdiv. (3) to require establishment of numerical goals for 2015 and 2020 and examination and recommendation of changes re funding policies, practices and accountability, deleted former Subsec. (c)(2), (3) and (6), redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e), amended Subsec. (c) to remove reference to New England 2020 report and require commission to consider developing policies to promote and measure graduation rates for students who have transferred among two or more constituent units or public institutions of higher education, amended Subsec. (d) to require submission of preliminary report on development of strategic master plan not later than January 1, 2012, and submission of plan not later than October 1, 2012, and to make technical changes, amended Subsec. (e) to require annual submission of report to Governor beginning on October 1, 2014, and to joint standing committees beginning on January 1, 2014, and to permit commission to periodically suggest changes to goals as necessary, and deleted former Subsec. (g) re termination of commission, effective July 8, 2011; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (b)(2)(A); P.A. 13-240 amended Subsec. (d) to change “January 1, 2012” to “June 1, 2014”, “October 1, 2012” to “September 1, 2014”, “2015” to “2020” and “2020” to “2025” and amended Subsec. (e) to change “2014” to “2016”, effective July 1, 2013; P.A. 13-261 amended Subsec. (a)(1)(G) to change number of Governor's appointments from 4 to 5, effective July 1, 2013; P.A. 14-65 amended Subsec. (e) by changing date for report to Governor and General Assembly from October 1 to January 1, deleting requirement that Board of Regents for Higher Education prepare the report and making a conforming change, effective July 1, 2014; P.A. 15-75 added Subsec. (f) re working groups, effective July 1, 2015; P.A. 16-15 amended Subsec. (a)(2) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 17-229 amended Subsec. (a)(1) by replacing provisions re commission membership with provisions re same, amended Subsec. (a)(2) by deleting reference to president of the Connecticut State Colleges and Universities in Subpara. (A), replacing provision re chairpersons of boards of trustees and chief executive officers of each constituent unit with provision re president of the Connecticut Conference of Independent Colleges in Subpara. (B), replacing provision re chairperson of board and president of Connecticut Conference of Independent Colleges with provision re member of State Board of Education in Subpara. (C), redesignating existing Subparas. (D) and (E) as Subparas. (G) and (H), and adding new Subparas. (D) to (F) re superintendent of technical high school system, chief executive officer of Connecticut Innovations, Incorporated and director of Office of Higher Education, respectively, amended Subsec. (a)(3) by adding provision re Governor to appoint chairperson, replacing provision re commission to elect chairperson with provision re commissioner to elect vice-chairperson, deleting provision re necessary expenses incurred in performance of duties, and adding provision re commission to be within Office of Higher Education, amended Subsec. (b) by deleting reference to Sec. 10a-6(a)(2), adding “and 2025” in Subdiv. (2)(A), and replacing reference to Sec. 10a-6(a)(2) with Sec. 10a-6(b) and adding “and section 10a-11c” in Subdiv. (2)(B), and replacing provision re evaluation of use of strategic and performance-based incentive funding with reference to Sec. 10a-11c in Subdiv. (3), amended Subsec. (c) by adding new Subdiv. (8) re developing policies to promote Transfer and Articulation program and Guaranteed Admission program, and redesignating existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amended Subsec. (f) by replacing “2016” with “2018” and replacing provision re establishing or consulting with working groups, commissions or task forces with provision re establishment of and appointments to two standing subcommittees and any working groups, adding Subdivs. (1) and (2) re focus of standing subcommittee, added Subsec. (g) re appointment of advisory committees, added Subsec. (h) re commission review of goals and plans, and made technical and conforming changes throughout, effective January 1, 2018; P.A. 18-103 replaced “director” with “executive director” in Subsec. (a)(2)(F), effective July 1, 2018; June Sp. Sess. P.A. 21-2 amended Subsec. (f)(1) by deleting reference to Higher Education Coordinating Council, effective June 23, 2021; P.A. 22-123 amended Subsec. (a)(1) by changing “private occupational school” to “private career school”, effective July 1, 2022.

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Sec. 10a-11c. Goals and policies of higher education in the state. (a) The policies of higher education in the state shall be consistent with the following goals adopted from the recommendations of the Planning Commission for Higher Education in the strategic master plan for higher education developed pursuant to section 10a-11b:

(1) Increase the education levels of the adult population of the state, on or before January 1, 2025, to a target of not less than forty per cent of adults having earned a bachelor degree and not less than thirty per cent of adults having earned an associate degree or sub-baccalaureate certificate for purposes of ensuring the state has a workforce with the skills necessary for achieving and sustaining a competitive economy by measures including, but not limited to (A) reducing socioeconomic disparities, (B) reducing the achievement gap between whites and minorities, as defined in section 10-155l, (C) improving the lives of residents living in the most urbanized areas of the cities of the state, and (D) ensuring that the quality of postsecondary education is improved;

(2) Develop a globally competitive workforce and economy in the state by cultivating an environment that attracts and retains a highly educated, diverse population by (A) aligning postsecondary degree attainment with the workforce needs of employers in the state, (B) contributing to the expansion and diversification of the state's economy through research and innovation, (C) establishing partnerships between institutions of higher education and business, civic and cultural leaders in the state, and (D) increasing the number of students engaged in community service, internships and other workplace-based learning experiences; and

(3) Ensure that higher education is affordable for the residents of the state by (A) narrowing the gap between the cost of attendance at an institution of higher education and family income, (B) reducing, on or before January 1, 2025, the average student loan to the national average, and (C) increasing, on or before January 1, 2025, by five per cent the number of recent high school graduates in the state who enroll in institutions of higher education in the state.

(b) For purposes of this section, “sub-baccalaureate certificate” means a postsecondary award earned on a for-credit basis and conferred upon successful completion of a formal postsecondary program below the baccalaureate level.

(P.A. 15-75, S. 1.)

History: P.A. 15-75 effective July 1, 2015.

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Sec. 10a-11d. Report on teacher candidate demographics. On and after July 1, 2015, within available appropriations, the Office of Higher Education shall annually submit a report on teacher candidate demographics in teacher preparation programs leading to professional certification offered at institutions of higher education in the state to the State Board of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but not be limited to, teacher candidate enrollment by subgroups, such as race, ethnicity and gender, with respect to the recruitment, preparation and retention of quality minority teachers, as defined in section 10-155l.

(P.A. 15-108, S. 6.)

History: P.A. 15-108 effective July 1, 2015.

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Sec. 10a-11e. Planning Commission for Higher Education Fund. The Office of Higher Education may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, the state or any political subdivision thereof or any private source for the purpose of administering the Planning Commission of Higher Education. Such funds shall be deposited in an account to be known as the “Planning Commission for Higher Education Fund” which shall be a separate, nonlapsing account within the General Fund.

(P.A. 17-229, S. 3.)

History: P.A. 17-229 effective January 1, 2018.

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Sec. 10a-11f. FAFSA Month. The month of December in each year shall be known as “FAFSA Month”. On or before December 1, 2019, the Board of Regents for Higher Education shall implement a program to host events for high school seniors and their families in each region of the state throughout the month of December in each year. During such events the board shall provide assistance to the high school seniors and their families in completing the Free Application for Federal Student Aid with the goal of increasing the number of such applications made by state residents each year.

(P.A. 19-117, S. 363.)

History: P.A. 19-117 effective July 1, 2019.

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Sec. 10a-11g. Fee-Free Day. The Board of Regents for Higher Education and the Board of Trustees of The University of Connecticut shall establish November first or another date jointly chosen by such boards to annually be known as a “Fee-Free Day”. Such boards shall not charge an application fee to any student who (1) will graduate or has graduated from a public or nonpublic high school in the state, (2) has completed the Free Application for Federal Student Aid, and (3) submits an application for admission on such day to any of the public institutions of higher education governed by such boards.

(June Sp. Sess. P.A. 21-2, S. 77.)

History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.

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Sec. 10a-11h. Connecticut Automatic Admissions Program. (a) As used in this section and section 10-220q:

(1) “Participating institution” means (A) an institution of higher education within the Connecticut State University System, or (B) any other institution of higher education in the state that enters into a memorandum of agreement with the Board of Regents for Higher Education in accordance with subsection (d) of this section.

(2) “Other institution of higher education” means an institution of higher education in the state that (A) is not within the Connecticut State University System, (B) is a nonprofit institution of higher education, (C) has graduated one hundred or more students with a bachelor's degree each year for the preceding four years, (D) maintains eligibility to participate in financial aid programs governed by Title IV, Part B of the Higher Education Act of 1965, as amended from time to time, (E) has not been determined by the United States Department of Education to have a financial responsibility score that is less than 1.5 for the most recent fiscal year for which the data necessary for determining the score is available, and (F) is accredited as a degree-granting institution in good standing for ten years or more by a regional accrediting association recognized by the Secretary of the United States Department of Education, and maintains such accreditation status.

(b) Not later than April 1, 2022, the Board of Regents for Higher Education, in consultation with institutions of higher education that are eligible to be participating institutions, shall (1) establish the Connecticut Automatic Admissions Program, and (2) adopt rules, procedures and forms necessary to implement such program. Under the Connecticut Automatic Admissions Program, a participating institution shall admit an applicant as a full-time, first-year student to an in-person bachelor's degree program if such applicant (A) meets or exceeds the academic threshold established pursuant to subsection (e) of this section, (B) qualifies as an in-state student pursuant to section 10a-29, (C) is in his or her last school year before graduation and enrolled at a public high school in the state or a nonpublic high school in the state, approved pursuant to subsection (g) of this section, and (D) if required by a participating institution, earns a high school diploma, an adult education diploma, or other equivalent credential. A participating institution may conduct a comprehensive review of any application submitted by an applicant who applies through the Connecticut Automatic Admissions Program, which may entail requesting additional application materials from such applicant or result in denying admission to such applicant. Each participating institution shall make an effort to minimize the number of students subjected to a comprehensive review if such student meets the requirements of subparagraphs (A) to (D), inclusive, of this subsection. Applicants admitted to a participating institution under the Connecticut Automatic Admissions Program are not guaranteed admission into any specific bachelor's degree program at such institution.

(c) The Board of Regents for Higher Education shall create a simple online application form for students to apply to participating institutions under the Connecticut Automatic Admissions Program. Such application form (1) shall require a student to verify that such student meets the qualifications specified in subsection (b) of this section, and (2) may require a student to provide such student's state-assigned student identifier, if such student has a state-assigned student identifier pursuant to section 10-10a. Such application form shall not require an application fee or the submission of an essay or recommendation letters. Such application shall embed or link to information and resources regarding (A) college admissions and financial aid, and (B) the net cost of completing a bachelor's degree program, graduation rates, average earnings for graduates of participating institutions and, if possible, common majors at each participating institution.

(d) Any other institution of higher education may enter into a memorandum of agreement with the Board of Regents for Higher Education to participate in the Connecticut Automatic Admissions Program. Each such other institution of higher education shall use the online application form created pursuant to subsection (c) of this section and comply with the provisions of subsection (e) of this section. The Board of Regents for Higher Education may charge a reasonable fee to such other institution of higher education that is not a constituent unit of the state system of higher education for participation in the program. Such fee shall not exceed the board's cost for including such other institution of higher education in the program or twenty-five thousand dollars, whichever is less.

(e) (1) The Board of Regents for Higher Education shall establish (A) a minimum class rank percentile for applicants to qualify for admission through the Connecticut Automatic Admissions Program to each participating institution, and (B) a standardized method for calculating grade point average that shall be used to determine class rank percentile.

(2) Each participating institution shall establish an academic threshold for admission to such institution through the Connecticut Automatic Admissions Program. Any other institution of higher education shall establish one or more of the following academic thresholds: (A) The minimum class rank percentile established by the Board of Regents for Higher Education pursuant to subparagraph (A) of subdivision (1) of this subsection, (B) a minimum grade point average calculated in accordance with the standardized method established by the board pursuant to subparagraph (B) of subdivision (1) of this subsection, or (C) a combination of a minimum grade point average calculated in accordance with the standardized method established by the board pursuant to subparagraph (B) of subdivision (1) of this subsection and performance on a nationally recognized college readiness assessment administered to students enrolled in grade eleven pursuant to subdivision (3) of subsection (c) of section 10-14n. Each state university within the Connecticut State University System shall establish the academic threshold set forth in subparagraph (A) of this subdivision and may establish the additional academic thresholds set forth in subparagraphs (B) and (C) of this subdivision. An applicant shall be deemed to have satisfied the academic threshold for admission to a participating institution through the Connecticut Automatic Admissions Program if such applicant satisfies any one of the academic thresholds established by such institution.

(3) No governing board of a participating institution shall establish policies or procedures that require any academic qualifications in addition to the qualifications specified in subsection (b) of this section and the academic threshold established pursuant to this subsection for the purposes of the Connecticut Automatic Admissions Program.

(f) No participating institution shall consider the admission of a student through the Connecticut Automatic Admissions Program in determining such student's eligibility for need-based or merit-based financial aid.

(g) The supervisory agent of a nonpublic high school in the state may submit an application to the Board of Regents for Higher Education, in the form and manner prescribed by the board, to participate in the Connecticut Automatic Admissions Program. The board shall approve any such application provided such nonpublic high school (1) is accredited by a generally recognized accrediting organization or is operated by the United States Department of Defense, and (2) complies with the provisions of section 10-220q.

(June Sp. Sess. P.A. 21-2, S. 257.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

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Sec. 10a-11i. Information on financial aid applications and personally identifiable information on admissions applications not subject to disclosure. Exceptions. (a) Any information contained in a Free Application for Federal Student Aid or a state application for student financial aid and personally identifiable information contained in applications for admission to institutions of higher education, including applications under the Connecticut Automatic Admissions Program established pursuant to section 10a-11h, held by any department, board, commission, public institution of higher education or any other agency of the state, or any local or regional board of education or state-administered school system shall not be deemed to be a public record for purposes of the Freedom of Information Act, as defined in section 1-200, and shall not be subject to disclosure under the provisions of section 1-210.

(b) Any confidential information about an individual, including, but not limited to, information from an individual's application for admission, application for financial aid or immigration status, that becomes known to an officer, employee or agent of a local or regional board of education or an institution of higher education in the state may be disclosed to a federal immigration authority, as defined in section 54-192h, only if such disclosure is:

(1) Authorized in writing by the individual to whom the information pertains, or by the parent or guardian of such individual if the individual is a minor or not legally competent to consent to such disclosure;

(2) Necessary in furtherance of a criminal investigation of terrorism; or

(3) Otherwise required by state or federal law or in compliance with a judicial warrant or court order issued by a judge or magistrate of the state or federal judicial branches.

(June Sp. Sess. P.A. 21-2, S. 263.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

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Sec. 10a-12. (Formerly Sec. 10-324f). Office of Veterans Affairs for Higher Education. There shall be an Office of Veterans Affairs for Higher Education within the Office of Higher Education. The Office of Veterans Affairs for Higher Education shall assist veterans seeking a postsecondary education by providing administrative services for veteran affairs programs, including but not limited to: (1) Promoting a comprehensive state-wide outreach program which coordinates existing funds and programs, (2) collecting and disseminating information on the availability of public and private funds for educational programs for veterans, (3) advising and counseling organizations and institutions applying for funds to aid veterans in their pursuit of higher education, and (4) acting as a clearinghouse for such other information as may be helpful to veterans seeking a postsecondary education.

(P.A. 77-573, S. 9, 30; P.A. 82-218, S. 38, 46; P.A. 11-48, S. 285; P.A. 12-156, S. 15.)

History: P.A. 82-218 reorganized state system of higher education, here used as authority for replacing board of higher education with department of higher education, effective March 1, 1983; Sec. 10-324f transferred to Sec. 10a-12 in 1983; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced “Board of Regents for Higher Education” with “Office of Higher Education” and made a technical change, effective June 15, 2012.

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Sec. 10a-12a. Technical Education Coordinating Council. Section 10a-12a is repealed, effective July 1, 2011.

(P.A. 89-260, S. 16, 41; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 98-252, S. 72, 80; P.A. 05-191, S. 11; P.A. 06-196, S. 67; P.A. 11-48, S. 304.)

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Sec. 10a-12b. Award for excellence in science and technology. Section 10a-12b is repealed, effective July 1, 2013.

(P.A. 91-51; P.A. 11-48, S. 285; P.A. 12-156, S. 16; P.A. 13-247, S. 389.)

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Sec. 10a-13. (Formerly Sec. 10-323g). Receipt of funds by board and office. The Board of Regents for Higher Education and the Office of Higher Education may receive any federal funds made available to the board and the office, respectively, for postsecondary educational purposes and may receive funds from private sources for the support of said board's and said office's activities.

(P.A. 79-169, S. 1, 2; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 17.)

History: P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-323g transferred to Sec. 10a-13 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 added references to Office of Higher Education, effective June 15, 2012.

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Sec. 10a-14. (Formerly Sec. 10-324g). Postsecondary Education Commission for receipt of federal funds. The Board of Regents for Higher Education and the Office of Higher Education shall be designated the State Postsecondary Education Commission to plan postsecondary education and to receive and administer federal funds.

(P.A. 77-573, S. 10, 30; P.A. 82-218, S. 38, 46; P.A. 88-136, S. 17, 37; P.A. 11-48, S. 285; P.A. 12-156, S. 18.)

History: P.A. 82-218 replaced board of higher education with department of higher education pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-324g transferred to Sec. 10a-14 in 1983; P.A. 88-136 deleted reference to “Section 1202(a) of Public Law 92-318, Education Amendments of 1972”; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 added reference to Office of Higher Education, effective June 15, 2012.

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Sec. 10a-15. (Formerly Sec. 10-324e). Tuition and fee schedules. Section 10a-15 is repealed, effective July 1, 2011.

(P.A. 77-573, S. 8, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 3, 16; P.A. 92-126, S. 34, 48; P.A. 11-48, S. 304.)

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Sec. 10a-16. Adoption of regulations re granting of tuition waiver. Section 10a-16 is repealed, effective June 30, 2017.

(P.A. 82-218, S. 37, 46; 82-463, S. 5, 7; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 4, 16; 91-303, S. 5, 22; P.A. 92-126, S. 35, 48; P.A. 09-159, S. 7; P.A. 11-48, S. 285; P.A. 17-63, S. 9.)

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Sec. 10a-17. (Formerly Sec. 10-324h). Program research and development. Training of educational personnel. The Office of Higher Education shall (1) be responsible for obtaining information on new programs and methods of education that are being developed in the public schools and colleges of the state and nation, keeping such records current and publicizing information concerning these programs; and (2) encourage and aid in the development of new and improved programs and methods of education in order to recruit, prepare and train or retrain personnel needed in such programs.

(P.A. 77-573, S. 15, 30; P.A. 82-218, S. 38, 46; P.A. 11-48, S. 285; P.A. 17-63, S. 1; P.A. 18-103, S. 1.)

History: P.A. 82-218 replaced board of higher education with department of higher education for purposes of this section pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-324h transferred to Sec. 10a-17 in 1983; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 30, 2017; P.A. 18-103 replaced Subsec. designators (a) and (b) with Subdiv. designators (1) and (2), effective June 7, 2018.

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Sec. 10a-17a. Institute for effective teachers. Section 10a-17a is repealed.

(May Sp. Sess. P.A. 86-1, S. 46, 58; P.A. 91-208, S. 10, 11.)

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Secs. 10a-17b and 10a-17c. Help and Opportunity to Pursue Education (HOPE) program. Acceptance of funds for HOPE program. Sections 10a-17b and 10a-17c are repealed, effective July 1, 2011.

(May Sp. Sess. P.A. 94-6, S. 18, 19, 28; P.A. 11-48, S. 304.)

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Sec. 10a-17d. Provision of tutors for eligible students. The Office of Higher Education may, within the limits of available appropriations, federal funds available under the National Service Act and any other funds available, assist in providing tutors for eligible students. Such tutors may be members of the National Service Corps, as designated by the Office of Higher Education, or students at a public or independent institution of higher education in Connecticut. Any student assigned as a tutor pursuant to this section shall receive academic credit pursuant to section 10a-149b.

(May Sp. Sess. P.A. 94-6, S. 20, 28; P.A. 11-48, S. 259; 11-61, S. 112; P.A. 12-156, S. 19.)

History: May Sp. Sess. P.A. 94-6 effective July 1, 1994; P.A. 11-48 replaced “Department of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; P.A. 11-61 replaced “Office of Financial and Academic Affairs for Higher Education” with “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced “Board of Regents for Higher Education” with “Office of Higher Education” and deleted references to Secs. 10a-17b and 10a-17c, effective June 15, 2012.

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Sec. 10a-18. (Formerly Sec. 10-324i). Programs to be offered on effects of drugs and alcohol. On and after September 1, 1974, all state institutions of higher education shall offer a program of information concerning drugs, as defined in subdivision (17) of section 21a-240, and alcohol and instruction in the use and the relationships of such drugs and alcohol to health and personality development, and in procedures for discouraging their abuse, which programs shall be coordinated with those developed under section 10-19.

(P.A. 78-218, S. 21; P.A. 87-499, S. 23, 34.)

History: Sec. 10-324i transferred to Sec. 10a-18 in 1983 pursuant to reorganization of higher education system; P.A. 87-499 eliminated requirement that a person pass an examination in drugs and alcohol in order to receive a certificate to teach or supervise.

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Secs. 10a-19 (Formerly Sec. 10-327a), 10a-19a and 10a-19b. Disputes between governing boards. Advisory Council on Student Transfer and Articulation. Articulation agreement plans; reports. Sections 10a-19, 10a-19a and 10a-19b are repealed, effective July 1, 2011.

(P.A. 77-573, S. 19, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 13, 16; P.A. 95-148, S. 1, 2; P.A. 01-165, S. 1, 3; P.A. 03-278, S. 25; P.A. 04-257, S. 15; P.A. 11-48, S. 304.)

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Sec. 10a-19c. Nursing incentive program. (a) There is established a Connecticut nursing incentive program administered by the Board of Regents for Higher Education.

(b) The board shall provide financial assistance to up to four regional community-technical colleges that enter into partnerships with hospitals, as defined in section 19a-490, or other health care institutions, as defined in said section 19a-490, in order to secure nonstate funding to increase the number of faculty members at such regional community-technical colleges that are qualified to teach or train students to become registered nurses.

(c) A regional community-technical college seeking such assistance shall submit to the Board of Regents for Higher Education its nursing faculty expansion plan, together with a commitment agreement signed by its hospital or health care institution partner or partners and information on the amount of nonstate funding secured by the partnership. Assistance provided by the board to a regional community-technical college (1) may be provided for up to two years in accordance with this subsection, and (2) shall not exceed (A) seventy-five thousand dollars per year, or (B) the annual amount of nonstate funding secured by the partnership, whichever is less. In determining whether to provide assistance pursuant to this section for a second year, the board shall consider the success of the nursing faculty expansion plan, as measured by factors including, but not limited to, the number of persons teaching or providing training to nursing students pursuant to the nursing faculty expansion program and the number of students graduating from nursing programs.

(d) For the fiscal years ending June 30, 2005, and June 30, 2006, the Board of Regents for Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration.

(P.A. 04-253, S. 1; P.A. 11-48, S. 285.)

History: P.A. 04-253 effective June 14, 2004; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011.

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Sec. 10a-19d. Training for early childhood education teachers. Definition of training requirements and competencies for persons involved in early childhood education. (a) The president of the Connecticut State Colleges and Universities shall, within available appropriations, expand the capacity of programs for training early childhood education teachers through the development of accelerated, alternate route programs to initial teacher certification with an endorsement in early childhood education.

(b) The president of the Connecticut State Colleges and Universities, in consultation with the Department of Education, Labor Department, Office of Workforce Strategy, Office of Early Childhood, Department of Social Services, Charter Oak State College, early childhood education faculty at two and four-year public and independent institutions of higher education, early childhood education professional associations, early childhood education advocates and practitioners, and persons knowledgeable in the area of career development and programs in early childhood care and education, shall define the preservice and minimum training requirements and competencies for persons involved in early childhood education, from birth to five years of age, including requirements for individual levels of early childhood credentialing and licensing.

(P.A. 06-154, S. 1; P.A. 11-48, S. 91, 285; P.A. 16-15, S. 24; June Sp. Sess. P.A. 21-2, S. 234.)

History: P.A. 06-154 effective July 1, 2006; P.A. 11-48 amended Subsec. (b) by adding “Labor Department's”, effective July 1, 2011; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 16-15 replaced “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by deleting “Labor Department's Office of Workforce Competitiveness, the” and adding Labor Department, Office of Workforce Strategy and Office of Early Childhood, effective July 1, 2021.

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Sec. 10a-19e. “Engineering Connecticut” loan reimbursement grant program. (a) There is established an “Engineering Connecticut” loan reimbursement grant program, administered by the Office of Higher Education, for persons who have graduated from institutions of higher education with undergraduate or graduate degrees in engineering.

(b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) attended any institution of higher education, (2) have been awarded an undergraduate or graduate degree in engineering, and (3) are newly employed in Connecticut on or after January 1, 2006, as engineers.

(c) Persons who qualify under subsection (b) of this section shall be reimbursed on an annual basis for qualifying student loan payments in amounts as determined by the executive director of the Office of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in the state as an engineer. The Office of Higher Education shall develop eligibility requirements for recipients of such reimbursements. Such requirements may include income guidelines. Persons may apply for grants to the Office of Higher Education at such time and in such manner as the executive director of the Office of Higher Education prescribes.

(d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

(e) The Office of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

(P.A. 06-83, S. 15; P.A. 11-48, S. 285; P.A. 16-15, S. 25; P.A. 17-63, S. 2.)

History: P.A. 06-83 effective July 1, 2006; pursuant to P.A. 11-48, “Department of Higher Education” and “Commissioner of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education” and “president of the Board of Regents for Higher Education”, respectively, effective July 1, 2011; P.A. 16-15 amended Subsec. (c) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education” and “president of the Connecticut State Colleges and Universities” with “executive director of the Office of Higher Education”, effective June 30, 2017.

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Sec. 10a-19f. “You Belong” loan reimbursement grant program. (a) There is established a “You Belong” loan reimbursement grant program, administered by the Office of Higher Education, for graduates of doctoral programs who are employed in Connecticut in economically valuable fields.

(b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) have been awarded a doctoral degree from any institution of higher education, and (2) are newly employed in Connecticut in an economically valuable field, as determined by the Department of Economic and Community Development, on or after January 1, 2006, by a company or an institution of higher education that has registered with or otherwise been qualified under the program by the Department of Economic and Community Development.

(c) Persons who qualify under subsection (b) of this section shall receive reimbursement grants on an annual basis for qualifying student loan payments in amounts as determined by the executive director of the Office of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in Connecticut by a qualifying company or in research at an institution of higher education in an economically valuable field. The Office of Higher Education shall develop eligibility requirements for recipients of such reimbursement grants in consultation with the Department of Economic and Community Development. Such requirements may include income guidelines. Persons may apply for grants to the Office of Higher Education at such time and in such manner as the executive director of the Office of Higher Education prescribes.

(d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

(e) The Office of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

(P.A. 06-83, S. 16; P.A. 11-48, S. 285; P.A. 16-15, S. 26; P.A. 17-63, S. 3.)

History: P.A. 06-83 effective July 1, 2006; pursuant to P.A. 11-48, “Department of Higher Education” and “Commissioner of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education” and “president of the Board of Regents for Higher Education”, respectively, effective July 1, 2011; P.A. 16-15 amended Subsec. (c) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education” and replaced “president of the Connecticut State Colleges and Universities” with “executive director of the Office of Higher Education”, effective June 30, 2017.

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Sec. 10a-19g. Kirklyn M. Kerr grant program. The program established by The University of Connecticut to provide grants to assist residents of this state to pursue degrees in veterinary medicine shall be known as the Kirklyn M. Kerr grant program.

(P.A. 09-159, S. 3; P.A. 11-48, S. 285; June 12 Sp. Sess. P.A. 12-1, S. 220.)

History: P.A. 09-159 effective July 1, 2009; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 replaced “the Board of Regents for Higher Education” with “The University of Connecticut”, effective July 1, 2012.

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Sec. 10a-19h. Establishment and administration of Kirklyn M. Kerr program. (a) For the purposes of this section, “veterinary student” means an in-state resident enrolled in an accredited veterinary graduate school.

(b) The president of The University of Connecticut shall establish and administer the Kirklyn M. Kerr program to support the veterinary medicine education of not more than five veterinary students per cohort. Each cohort may be funded for a four-year period.

(P.A. 10-3, S. 33; 10-179, S. 16; P.A. 11-48, S. 285; 11-70, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 221.)

History: P.A. 10-3 effective April 14, 2010; P.A. 10-179 amended Subsec. (a) to change “provide grants to” to “support the veterinary medicine education of” and require written commitment to work in state for 5 years or agreement to repay cost of veterinary medicine education in order to participate in program, amended Subsec. (c) to replace provisions re practicing at a later date and grant repayment with provision re commissioner to determine manner of repayment of state support, deleted Subsec. (d) re manner of repayment and made conforming changes throughout, effective May 7, 2010; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-70 added new Subsec. (a) defining “veterinary student”, redesignated existing Subsec. (a) as Subsec. (b) and amended same to delete requirements re participation in program, repayment of state support and definition of “veterinary student” and deleted former Subsecs. (b) and (c) re support, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (b) by replacing “the Board of Regents for Higher Education” with “The University of Connecticut”, effective July 1, 2012.

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Sec. 10a-19i. Connecticut green technology, life science and health information technology loan reimbursement program. (a) As used in subsections (a) to (e), inclusive, of this section:

(1) “Green technology” means technology that (A) promotes clean energy, renewable energy or energy efficiency, (B) reduces greenhouse gases or carbon emissions, or (C) involves the invention, design and application of chemical products and processes to eliminate the use and generation of hazardous substances;

(2) “Life science” means the study of genes, cells, tissues and chemical and physical structures of living organisms and biomedical engineering and the manufacture of medical devices; and

(3) “Health information technology” means the creation, execution or implementation of electronic data systems that record or transmit medical or health information.

(b) There is established a Connecticut green technology, life science and health information technology loan reimbursement program to be administered by the Office of Higher Education.

(c) A Connecticut resident who graduated on or after May 1, 2010, from an institution of higher education in this state with a bachelor's degree in a field relating to green technology, life science or health information technology and who has been employed in this state for at least two years after graduation by a business in the field of green technology, life science or health information technology and whose federal adjusted gross income for the year prior to the initial reimbursement year does not exceed one hundred fifty thousand dollars shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year or five per cent of the amount of such loans per year, whichever is less, for up to four years.

(d) A Connecticut resident who graduated on or after May 1, 2010, from an institution of higher education in this state with an associate degree relating to green technology, life science or health information technology and who has been employed in this state for at least two years after graduation by a business in the field of green technology, life science or health information technology and whose federal adjusted gross income for the year prior to the initial reimbursement year does not exceed one hundred fifty thousand dollars shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year or five per cent of the amount of such loans per year, whichever is less, for up to two years.

(e) Notwithstanding the provisions of subsections (c) and (d) of this section, the total combined dollar value of loan reimbursements available under this and any other provision of the general statutes shall not exceed five thousand dollars per recipient of an associate degree and ten thousand dollars per recipient of a bachelor's degree.

(f) The Office of Higher Education may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of subsections (a) to (e), inclusive, of this section.

(P.A. 10-75, S. 1, 3; P.A. 11-48, S. 285; 11-140, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 55; P.A. 17-63, S. 4.)

History: P.A. 10-75 effective May 6, 2010; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-140 amended Subsec. (a) to delete former Subdiv. (2) re definition of “job relating to green technology”, redesignate existing Subdivs. (3) and (4) as Subdivs. (2) and (3) and add biomedical engineering and manufacture of medical devices to definition of “life science”, amended Subsecs. (c) and (d) to change eligibility requirements from a job relating to green technology to being employed by a business in the field of green technology and from an expected family contribution on the Free Application for Federal Student Aid of $35,000 or less to a federal adjusted gross income for the prior year of $150,000 or less, deleted former Subsec. (e) re grants for training certificates, and redesignated existing Subsecs. (f) and (g) as Subsecs. (e) and (f), effective July 8, 2011; June 12 Sp. Sess. P.A. 12-2 made technical changes in Subsecs. (c) and (e); P.A. 17-63 amended Subsecs. (b) and (f) by replacing “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 30, 2017.

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Sec. 10a-19j. English language learner educator incentive program. (a) There is established an English language learner educator incentive program to be administered by the Office of Higher Education.

(b) Within available appropriations, such program shall provide a grant to any student who (1) is in the last two years of a teacher preparation program leading to professional certification at any four-year institution of higher education in this state, and (2) will pursue an endorsement in bilingual education or teaching English to speakers of other languages. No student shall receive a grant under such program for more than two years. Maximum grants shall not exceed five thousand dollars per year.

(c) A student who receives a grant under subsection (b) of this section and who teaches in a public school in this state under such bilingual education or teaching English to speakers of other languages endorsement upon graduation from the teacher education program shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year for up to four years of teaching service.

(P.A. 12-156, S. 56; June 12 Sp. Sess. P.A. 12-1, S. 222; P.A. 14-21, S. 1.)

History: June 12 Sp. Sess. P.A. 12-1 effective July 1, 2012; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 14-21 amended Subsec. (a) by changing “loan reimbursement program” to “incentive program” and deleting “within available appropriations”, deleted former Subsecs. (b), (c) and (d), and added new Subsec. (b) re grants for students and new Subsec. (c) re reimbursement of educational loans, effective July 1, 2014.

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Sec. 10a-19k. Informational materials re Public Service Loan Forgiveness program and Teacher Loan Forgiveness program. Requirements on public service employers. Complaints. (a) For purposes of this section:

(1) “Public service employer” means an organization, agency or entity that is a public service organization, including, but not limited to, each local and regional board of education. “Public service employer” does not include a federal or tribal nation government organization, agency or entity, or a tribal nation institution of higher education;

(2) “Employment certification form” means the form used by the United States Department of Education to certify an individual's employment at a public service organization for the purposes of the Public Service Loan Forgiveness program;

(3) “Public Service Loan Forgiveness program” means the loan forgiveness program as administered under 34 CFR 685.219, as amended from time to time;

(4) “Public service organization” means a public service organization as defined in 34 CFR 685.219, as amended from time to time; and

(5) “Teacher Loan Forgiveness program” means a loan forgiveness program administered under 34 CFR 685.217, as amended from time to time.

(b) The Office of Higher Education shall create and distribute informational materials that increase awareness of the Public Service Loan Forgiveness program and Teacher Loan Forgiveness program to public service employers. Such informational materials shall include, but need not be limited to, the following:

(1) A standardized letter to (A) notify employees of the eligibility and participation requirements of the Public Service Loan Forgiveness program or Teacher Loan Forgiveness program, and (B) recommend that employees contact a student loan servicer for additional information regarding such programs;

(2) A detailed fact sheet describing the Public Service Loan Forgiveness program or Teacher Loan Forgiveness program, and containing the telephone number and electronic mail address for the Office of Higher Education, which an employee may use to report any alleged violations of the provisions of subsection (e) of this section; and

(3) A document containing frequently asked questions concerning the Public Service Loan Forgiveness program or Teacher Loan Forgiveness program and the answers to such questions.

(c) The Office of Higher Education may distribute any document published by a federal agency that meets the requirements of informational materials set forth in subsection (b) of this section.

(d) The Office of Higher Education shall make the informational materials described in subsection (b) or (c) of this section available on the Office of Higher Education's Internet web site. Each biennium the Office of Higher Education shall verify the accuracy of the informational materials and update any informational materials that are incorrect or obsolete.

(e) A public service employer that employs more than ten full-time employees shall:

(1) Provide new employees with the informational materials described in subsection (b) or (c) of this section two weeks after the employee's start date by mail, electronic mail or in-person;

(2) Provide its employees with a copy of the employment certification form upon request of an employee; and

(3) Conspicuously display the fact sheet, described in subdivision (2) of subsection (b) of this section, on its premises.

(f) (1) All complaints received by the Office of Higher Education regarding any alleged violations of the provisions of subsection (e) of this section by a public service employer shall be (A) investigated not later than thirty days after the complaint was made, and (B) made publically available. The Office of Higher Education shall order corrective actions to a public service employer that has violated this section. A public service employer may contest such corrective actions ordered under this subdivision not later than fifteen days after its issuance.

(2) Nothing in this section shall be construed to affect the authority of the Attorney General to bring an action in a court of competent jurisdiction to enforce the provisions of this section.

(P.A. 17-206, S. 1.)

History: P.A. 17-206 effective July 1, 2017.

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Sec. 10a-19l. Health care provider loan reimbursement program. (a) Not later than January 1, 2023, the Office of Higher Education shall establish a health care provider loan reimbursement program. The health care provider loan reimbursement program shall provide loan reimbursement grants to health care providers licensed by the Department of Public Health who are employed full-time as a health care provider in the state.

(b) The executive director of the Office of Higher Education shall (1) develop, in consultation with the Department of Public Health, eligibility requirements for recipients of such loan reimbursement grants, which requirements may include, but need not be limited to, income guidelines, and (2) award at least twenty per cent of such loan reimbursement grants to graduates of a regional community-technical college. The executive director shall consider health care workforce shortage areas when developing such eligibility requirements. A person who qualifies for a loan reimbursement grant shall be reimbursed on an annual basis for qualifying student loan payments in amounts determined by the executive director. A health care provider shall only be reimbursed for loan payments made while such person is employed full-time in the state as a health care provider. Persons may apply for loan reimbursement grants to the Office of Higher Education at such time and in such manner as the executive director prescribes.

(c) The Office of Higher Education may accept gifts, grants and donations, from any source, public or private, for the health care provider loan reimbursement program.

(P.A. 22-118, S. 79.)

History: P.A. 22-118 effective May 7, 2022.

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Sec. 10a-20. (Formerly Sec. 10-327e). Jurisdiction over professional staffs of the state system of higher education. Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the respective professional staffs of the system of higher education shall be under the sole jurisdiction of the respective boards of trustees within available funds. Each constituent board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff.

(P.A. 77-573, S. 14, 30; 77-614, S. 67, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-218, S. 41, 46; P.A. 83-587, S. 16, 96; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 18, 37; P.A. 89-260, S. 11, 41; P.A. 91-256, S. 47, 69; P.A. 11-48, S. 280.)

History: P.A. 77-614 and P.A. 78-303 substituted commissioner of administrative services for personnel policy board; P.A. 82-218 reorganized system of higher education adding provisions re development of personnel guidelines for the central office staffs, effective March 1, 1983; Sec. 10-327e transferred to Sec. 10a-20 in 1983; P.A. 83-587 substituted “Connecticut State University” for “state colleges”; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 88-136 deleted obsolete requirement that the board of governors submit personnel guidelines to the general assembly no later than January 15, 1984; P.A. 89-260 substituted the board of trustees of the community-technical colleges for the boards of trustees of the regional community colleges and state technical colleges; P.A. 91-256 made a technical change; P.A. 11-48 deleted provisions re development of personnel guidelines and establishment of compensation and classification schedules, effective July 1, 2011.

Annotation to former section 10-327e:

Cited. 175 C. 586.

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Sec. 10a-20a. Endowed Chair Investment Fund. (a) The Office of Higher Education may establish and administer a fund to be known as the Endowed Chair Investment Fund. Within the limits of funds available, the office may approve an application, submitted pursuant to subsection (b) of this section, for the establishment of an endowed chair and deposit state funds for such endowed chair to an account within said fund in an amount not less than five hundred thousand dollars.

(b) The Board of Trustees of The University of Connecticut and the Board of Trustees of the Connecticut State University System may submit an application for the establishment of an endowed chair to be supported by a grant of not less than five hundred thousand and not more than one million dollars from the Endowed Chair Investment Fund and a matching nonstate contribution. Applications for endowed chairs shall be accepted on October first and April first in each year in which funds are available. To apply for the state grant, the board of trustees shall notify the office that it has raised a matching nonstate contribution and that it is eligible for a grant of state funds to establish an endowed chair in a specific academic discipline. The board of trustees shall submit for the office's review and approval evidence that the chair will be established in a center of excellence, as defined in subsection (b) of section 10a-25h.

(c) Following approval of an application for an endowed chair by the office, the board of trustees of the institution at which such endowed chair is established shall select candidates to fill such endowed chair and shall develop a budget for expenditures associated with such endowed chair.

(d) Any state funds deposited by the office to the Endowed Chair Investment Fund shall be invested by the State Treasurer, except a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, may request the office to transfer any state funds relating to an approved application for an endowed chair to such duly established foundation for the purpose of investing such state funds in accordance with the provisions of subsection (f) of this section.

(e) Any interest income earned on state funds invested by the State Treasurer pursuant to subsection (d) of this section shall be deposited to the Endowed Chair Investment Fund and, following establishment of an endowed chair under this section shall be allocated annually, upon request, to The University of Connecticut or to the Connecticut State University System, as appropriate, to support the endowed chair. Nonstate matching contributions shall be held by a duly established foundation of The University of Connecticut or the Connecticut State University System and the interest on such contributions shall be used to support the endowed chair.

(f) For the fiscal year ending June 30, 2018, and each fiscal year thereafter, The University of Connecticut or the Connecticut State University System may request, and the office shall transfer, any state funds deposited in the Endowed Chair Investment Fund to a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, for an endowed chair established under this section. Such duly established foundation shall invest such state funds, and any interest income earned on such state funds shall be used to support the endowed chair. Such duly established foundation shall (1) account for such state funds separately from the nonstate matching contributions, (2) hold such state funds as a permanently restricted asset for the endowed chair, and (3) manage such state funds in accordance with the Connecticut Uniform Prudent Management of Institutional Funds Act (UPMIFA), pursuant to sections 45a-535 to 45a-535i, inclusive, and in a manner consistent with such foundation's investment and expenditure policies. No interest income earned from the state funds in any fiscal year shall be used to support the endowed chair when, at the close of the fiscal year, the market value of such state funds is less than the principal value. At the close of the fiscal year, such duly established foundation shall restore the original amount of state funds deposited in the Endowed Chair Investment Fund to a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, at the beginning of the next fiscal year.

(g) The boards of trustees shall submit annual reports, in accordance with the provisions of section 11-4a, to the office and the joint standing committee of the General Assembly having cognizance of matters relating to higher education concerning the management of the endowed chair. For a duly established foundation administering an endowed chair in a manner described in subsection (e) of this section, such report shall include, but not be limited to, the expenditures of the endowed chair. For a duly established foundation administering an endowed chair in a manner described in subsection (f) of this section, such report shall include, but not be limited to, (1) expenditures, (2) the balance of state funds in each of the two previous fiscal years, (3) the balance of nonstate matching contributions in each of the two previous fiscal years, and (4) the amount of interest income earned for the state funds and nonstate matching contributions for the previous fiscal year.

(P.A. 85-565, S. 1, 3; P.A. 88-38, S. 1, 2; P.A. 91-256, S. 48, 69; P.A. 94-245, S. 6, 46; P.A. 97-293, S. 15, 26; P.A. 00-187, S. 24, 75; P.A. 11-48, S. 285; P.A. 12-156, S. 20; P.A. 17-63, S. 7.)

History: P.A. 88-38 deleted requirement in Subsec. (b) that funds be invested through the short term investment fund; P.A. 91-256 made technical changes; P.A. 94-245 amended Subsec. (e) to allow for allocation of interest income “upon request” rather than “annually”; P.A. 97-293 amended Subsec. (a) to substitute “funds available” for “appropriations” and amended Subsec. (c) to change “a grant of five hundred thousand” to “a grant of not less than five hundred thousand and not more than seven hundred fifty thousand”, effective July 8, 1997; P.A. 00-187 increased the maximum amount in Subsec. (c) from $750,000 to $1,000,000, effective July 1, 2000; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced references to Board of Regents for Higher Education with references to Office of Higher Education, effective June 15, 2012; P.A. 17-63 amended Subsec. (a) by adding provision re approval of application, amended Subsec. (b) by replacing provision re investment of state funds by State Treasurer with provisions re application for establishment of endowed chair, amended Subsec. (c) by replacing provisions re application for establishment of endowed chair with provisions re application approval, selection of candidates to fill endowed chair and development of budget for expenditures, amended Subsec. (d) by replacing provisions re approval of state funding, selection of candidates to fill endowed chair and development of budget for expenditures with provisions re investment of state funds by State Treasurer, amended Subsec. (e) by adding provision re investment of state funds by State Treasurer and, adding “annually” re allocation, amended Subsec. (f) by replacing provision re annual reports concerning expenditures with provisions re transfer and investment of state funds, added Subsec. (g) re annual reports, and made technical and conforming changes, effective July 1, 2017.

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Sec. 10a-21. (Formerly Sec. 10-328e). Collective bargaining. Nothing contained in this part shall affect the various bargaining units established pursuant to section 5-275.

(P.A. 77-573, S. 26, 30.)

History: Sec. 10-328e transferred to Sec. 10a-21 in 1983 pursuant to reorganization of higher education system.

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Sec. 10a-22. (Formerly Sec. 10-326h). Contracts with public institutions, independent institutions and licensed postsecondary proprietary schools re cooperative arrangements, cooperative academic programs and planning and evaluation processes. (a) In order to secure for the citizens of Connecticut the additional advantages which would accrue from more efficient use of the educational resources of the state, the Board of Regents for Higher Education and the Office of Higher Education are authorized to enter into contracts involving two or more of the public institutions or any combination of public institutions, independent institutions and licensed postsecondary proprietary schools, with participation involving at least two of these sectors, one of which shall be a public institution. Such contracts shall encourage and promote (1) cooperative arrangements for the joint use of facilities, programs and services, (2) development of cooperative academic programs to meet changing societal needs, and (3) improved planning and evaluation processes related to institutional or programmatic consolidations, retrenchment or phase-out. The board and the office may allocate funds appropriated for the purposes of this section to a participating independent institution, public institution, or licensed postsecondary proprietary school. Participating institutions or schools shall be required to contribute a total amount equal to at least twenty-five per cent of the amount of the contract award, provided the participating institutions shall identify the nature and amount of said contribution requirement in the proposal submitted for consideration in accordance with the provisions of this section. Contracting for activities supported by this section shall be for a period of one year. In special circumstances, activities may be eligible for a second year of support if the applicants can demonstrate the feasibility for continuation of the activity from other funding sources beyond the second year.

(b) For the purposes of this section: (1) A program is defined as a course of study leading to certification, licensure, certificate, or degree at all postsecondary levels; (2) a facility is defined as a building or an area within a building, a group of buildings, a special area, or specialized items of equipment used for educational purposes; (3) a service is defined as a formal activity designed to explore scientific, technological or humanistic problems, to find solutions to contemporary societal problems or to provide selected public service or student service activities; (4) an independent institution is a college or university located in this state which is not included in the Connecticut system of public higher education and whose primary function is other than the preparation of students for religious vocation; and (5) a licensed postsecondary proprietary school is an educational institution so licensed by the Office of Higher Education.

(c) The Board of Regents for Higher Education and Office of Higher Education shall provide continuing evaluation of the effectiveness of such contracts and shall submit on or before February first, annual reports and recommendations to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education. In administering this section, the Board of Regents for Higher Education and Office of Higher Education shall develop and use fiscal procedures designed to insure accountability of public funds.

(P.A. 77-573, S. 17, 30; P.A. 81-212, S. 1, 2; P.A. 82-218, S. 37, 46; 82-314, S. 57, 63; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 21.)

History: P.A. 81-212 restated provisions re cooperative arrangements between postsecondary institutions and added provisions limiting duration of contracts and requiring participating institutions to contribute at least 25% of the contract award; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 82-314 changed official name of education committee; Sec. 10-326h transferred to Sec. 10a-22 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsecs. (a) and (c), effective July 1, 2011; P.A. 12-156 added references to Office of Higher Education in Subsecs. (a) and (c) and replaced “State Board of Education” with “Office of Higher Education” in Subsec. (b)(5), effective June 15, 2012.

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Sec. 10a-22a. (Formerly Sec. 10-7a). Private career schools. Definitions. As used in this section and sections 10a-22b to 10a-22x, inclusive:

(1) “Private career school” means a postsecondary career school operated by a person, board, association, partnership, corporation, limited liability company or other entity offering or advertising vocational instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or fee of whatever nature, including, but not limited to, a hospital-based career school, or any program, school or entity offering postsecondary instruction in barbering, hairdressing and cosmetology or the occupation of esthetician, nail technician or eyelash technician, as such terms are defined in section 20-265a. “Private career school” does not include (A) instruction offered under public supervision and control, (B) instruction conducted by a firm or organization solely for the training of its own employees or members, (C) instruction offered by a school authorized by the General Assembly to confer degrees, or (D) instruction offered in the arts or recreation, including, but not limited to, the training of students to provide such instruction;

(2) “Additional classroom site” means a facility that (A) is geographically located close to the school or branch that oversees the site, such that students must utilize services provided at such school or branch, (B) conducts permanent or temporary educational activities, and (C) offers courses or full programs of study;

(3) “Branch” means a subdivision of a school (A) located at a different facility and geographical site from the school, except for a site that is an additional classroom site as determined by the executive director, or the executive director's designee, and (B) that (i) offers one or more complete programs leading to a diploma or certificate; (ii) operates under the school's certificate of operation; (iii) meets the same conditions of authorization as the school; and (iv) exercises administrative control and is responsible for its own academic affairs;

(4) “Executive director” means the executive director of the Office of Higher Education; and

(5) “Postsecondary career school” means an institution authorized to operate educational programs beyond secondary education.

(P.A. 79-380, S. 1; P.A. 83-501, S. 1, 12; P.A. 93-294, S. 1, 17; P.A. 95-79, S. 19, 189; P.A. 06-150, S. 1; P.A. 11-48, S. 232; P.A. 12-156, S. 22; P.A. 16-44, S. 1; 16-155, S. 1; P.A. 17-139, S. 1; P.A. 19-117, S. 206; P.A. 22-123, S. 11.)

History: P.A. 83-501 clarified definition of “private occupational school” to mean a “person, board, association, partnership, corporation or other entity” rather than a “school” offering instruction; P.A. 93-294 made technical changes, effective July 1, 1993; Sec. 10-7a transferred to Sec. 10a-22a in 1995; P.A. 95-79 redefined “private occupational school” to include limited liability companies, effective May 31, 1995 (Revisor's note: The Revisors editorially placed quotation marks around the term “private occupational school” in the exception); P.A. 06-150 redefined “private occupational school” to include “professional or other” occupation, made conforming and technical changes and defined “additional classroom site”, “Board of Governors”, “branch” and “commissioner” (Revisor's note: In 2009, a reference to “Board of Governors for Higher Education” in Subdiv. (3) was changed editorially by the Revisors to “Board of Governors of Higher Education” for accuracy); P.A. 11-48 amended Subdiv. (3) to replace definition of “Board of Governors” with definition of “board”, amended Subdiv. (4) to replace “commissioner” with “executive director” and amended Subdiv. (5) to replace definition of “commissioner” with definition of “executive director”, effective July 1, 2011; P.A. 12-156 added reference to Secs. 10a-22p to 10a-22y, deleted former Subdiv. (3) re definition of “board”, redesignated existing Subdivs. (4) and (5) as Subdivs. (3) and (4) and redefined “executive director” in redesignated Subdiv. (4), effective June 15, 2012; P.A. 16-44 redefined “private occupational school” in Subdiv. (1), effective July 1, 2016; P.A. 16-155 redefined “private occupational school” in Subdiv. (1) and added Subdiv. (5) defining “postsecondary career school”, effective July 1, 2016; P.A. 17-139 redefined “private occupational school” in Subdiv. (1), effective July 1, 2017; P.A. 19-117 amended Subdiv. (1) by adding reference to cosmetology and occupations of esthetician, nail technician and eyelash technician, effective January 1, 2020; P.A. 22-123 changed references to “private occupational school” to “private career school” and made a technical change, effective July 1, 2022.

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Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as private career school. Application. Evaluation. (a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the executive director a certificate authorizing the occupational instruction to be offered.

(b) Except for initial authorizations, the executive director may accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement. Except for initial authorizations, the executive director may accept programmatic accreditation in satisfaction of the requirements of this section and section 10a-22d with regard to instruction offered by a hospital unless the executive director finds reasonable cause not to rely upon such accreditation.

(c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the executive director, or the executive director's designee, in such manner and on such forms as the executive director, or the executive director's designee, prescribes, an application for a certificate of authorization. Each application for initial authorization shall be accompanied by a nonrefundable application fee made payable to the private career school student protection account. Such application fee shall be in the amount of two thousand dollars for the private career school and two hundred dollars for each branch of a private career school in this state, except that, each application for initial authorization submitted on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be accompanied by a nonrefundable application fee in the amount specified in such regulations. Any application for initial authorization that remains incomplete six months after the date such application was first submitted to the Office of Higher Education shall expire and the office shall not approve such expired application for authorization.

(d) Each person, board, association, partnership, corporation, limited liability company or other entity seeking to offer occupational instruction shall have a net worth consisting of sufficient liquid assets or produce other evidence of fiscal soundness to demonstrate the ability of the proposed private career school to operate, achieve all of its objectives and meet all of its obligations, including those concerning staff and students, during the period of time for which the authorization is sought.

(e) Upon receipt of a complete application pursuant to subsection (c) of this section, the executive director shall cause to be conducted an evaluation of the applicant school. Not later than sixty days (1) after receipt of a complete application for initial authorization, or (2) prior to expiration of the authorization of a private career school applying to renew its certificate of authorization pursuant to section 10a-22d, the executive director, or the executive director's designee, shall appoint an evaluation team, pursuant to subsection (f) of this section, except that on and after the effective date of the regulations adopted pursuant to section 10a-22k, the evaluation team shall be appointed pursuant to such regulations, to conduct such evaluation of the applicant school. The evaluation team shall submit a written report to the executive director recommending authorization or nonauthorization after an on-site inspection. Not later than one hundred twenty days following the completed appointment of the evaluation team, the executive director shall notify the applicant school of authorization or nonauthorization. The executive director may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization, the executive director shall set forth the reasons therefor in writing and the applicant school may request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(f) For purposes of an evaluation of an applicant school, the executive director, or the executive director's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Office of Higher Education, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the executive director within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the executive director within ten business days from the date such challenge is filed, and if the challenge is upheld the executive director shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The executive director, or the executive director's designee, shall not appoint any person to an evaluation team unless the executive director, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the executive director and shall be signed under penalty of false statement. Except for any member of the evaluation team who is a state employee, members may be compensated for their service at the discretion of the executive director and shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.

(g) The evaluation team appointed pursuant to subsection (f) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school thirty days from the date of the report to provide evidence of compliance; and (4) submit to the executive director a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, and termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate; and (I) the school and any branch of the school in this state has a director located at the school or branch who is responsible for daily oversight of the school's or branch's operations. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2; P.A. 07-164, S. 2; 07-166, S. 4, 5; P.A. 08-116, S. 8; P.A. 09-99, S. 1; P.A. 11-48, S. 233, 234; P.A. 12-156, S. 23; P.A. 13-208, S. 64; P.A. 16-155, S. 2; P.A. 17-139, S. 2, 3; P.A. 18-36, S. 1; P.A. 21-45, S. 1; P.A. 22-123, S. 12.)

History: P.A. 83-501 amended Subsec. (b)(8) to provide that financial statement is to be prepared by management of the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased the number of days the state board of education has to make a decision on a challenge from 14 to 45; P.A. 89-251 increased the application fee from $250 to $500; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an evaluation team, added to the team an additional member representing the state board of education, removed the member who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted 10 business days for 14 days as the time within which a challenge shall be filed, substituted the commissioner of education for the state board of education as the person to make decisions on challenges, decreased the number of days to make a decision on a challenge from 45 days to 10 business days, allowed employees of the state or political subdivisions to be members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change “occupational” instruction to instruction “in any form or manner in any trade, or in any industrial, commercial, service, professional or other occupation” and designate part of subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service of process and to increase application fee from $500 to $2,000, payable to private occupational school student protection account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification of authorization or nonauthorization from “within ninety” to “not later than one hundred twenty” days, redesignated existing Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs. (1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include “residential, on-line, home study and correspondence” in Subpara. (A) and change “cancellation” to “termination, withdrawal” in Subpara. (D), and added “commissioner's designee” and made conforming and technical changes throughout section; P.A. 07-164 amended Subsec. (c) to require application for certificate of authorization to include in student enrollment agreement and school catalog a description of requirements for and barriers to employment for each program of occupational instruction and to make a technical change; P.A. 07-166 made technical changes in Subsecs. (a) and (f), effective June 19, 2007; P.A. 08-116 added Subsec. (g) re certificate of authorization application requirements for hospital-based occupational schools, effective July 1, 2008; P.A. 09-99 amended Subsec. (c) by adding references to Subsec. (d) and Sec. 10a-22d(g) in Subdiv. (8) and adding provision re application fee of $200 for each branch in Subdiv. (9), added new Subsec. (d) re applicants' fiscal soundness, redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended redesignated Subsec. (e) by replacing “Board of Governors” with “commissioner” re hearing request, amended redesignated Subsec. (g) by adding Subpara. (I) requiring director to be located at school and any branch, and made conforming and technical changes, effective July 1, 2009; P.A. 11-48 amended Subsec. (f) to replace references to Commissioner of Higher Education with references to executive director and “Board of Governors” with “institutions of public higher education” and amended Subsec. (h) to replace references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (a), (b), (c), (e) and (g), “commissioner” and “commissioner's” were changed editorially by the Revisors to “executive director” and “executive director's”, respectively, to conform with changes made by P.A. 11-48, S. 232); P.A. 12-156 amended Subsec. (f)(1) by replacing “institutions of public higher education” with “Office of Higher Education”, effective June 15, 2012; P.A. 13-208 added Subsec. (i) re instruction in barbering or hairdressing, effective July 1, 2013; P.A. 16-155 amended Subsec. (b) by adding provision re acceptance of programmatic accreditation for instruction offered by a hospital, amended Subsec. (c) by adding provision re nonaccredited school offering instruction in barbering or hairdressing, amended Subsec. (e) by adding provision re appointment of evaluation team and making technical changes, amended Subsec. (f) by adding provision re compensation of members of evaluation team, amended Subsec. (g) by replacing “sixty” with “thirty” and amended Subsecs. (h) and (i) by replacing “instruction” with “postsecondary career instruction”, effective July 1, 2016; P.A. 17-139 amended Subsec. (c)(8) by deleting “offering instruction in barbering or hairdressing and” and amended Subsec. (i) by replacing “promise” with “fee” re program, school or other entity offering postsecondary career instruction, effective July 1, 2017; P.A. 18-36 amended Subsec. (b) by replacing “shall” with “may” and deleting “, unless the executive director finds reasonable cause not to rely upon such accreditation”, and amended Subsec. (c) by adding provision re expiration of incomplete application after 6 months, effective July 1, 2018; P.A. 21-45 amended Subsec. (c)(8) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue”, effective July 1, 2021; P.A. 22-123 amended Subsec. (c) by deleting Subdivs. (1) to (9), inclusive, re application requirements, adding “and on such forms” and allowing application fees to be specified in regulations, amended Subsec. (e) by allowing the evaluation team to be appointed pursuant to regulations and requiring a report be submitted to the executive director, deleted Subsecs. (h) and (i) re hospital-based occupational schools and barber and hairdressing occupational schools and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

See Sec. 10a-22p re disclosure of claim limitation clause in student enrollment contracts.

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Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized or may be denied. Requirements for issuance of certificate. Seizure of letter of credit. Notice of decision. (a) No certificate to operate a private career school shall be authorized by the executive director, or the executive director's designee, if (1) any principal, officer, member or director of the applicant school has acted in a similar capacity for a private career school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness to operate for the period of time for which authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair; (4) the applicant school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation with the executive director; (5) the applicant school fails to satisfactorily meet the criteria set forth in subsection (g) of section 10a-22b, or, on and after the effective date of regulations adopted pursuant to section 10a-22k, the criteria set forth in such regulations; (6) a private career school that has previously closed fails to follow the procedures for school closure under section 10a-22m; or (7) the applicant school does not have a director located at the school and at each of its branches in this state.

(b) The executive director may deny a certificate of authorization if the person who owns or intends to operate a private career school has been convicted in this state, or any other state, of larceny in violation of section 53a-122 or 53a-123; identity theft in violation of section 53a-129b or 53a-129c; forgery in violation of section 53a-138 or 53a-139; or has a criminal record in this state, or any other state, that the executive director reasonably believes renders the person unsuitable to own and operate a private career school. A refusal of a certificate of authorization under this subsection shall be made in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.

(c) No certificate to operate a private career school shall be issued by the executive director pursuant to section 10a-22d until such private career school seeking authorization files with the executive director certificates indicating that the buildings and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement officer within the municipality in which such school is located.

(d) No certificate to operate a new private career school shall be issued by the executive director pursuant to section 10a-22d until such private career school seeking authorization files with the executive director an irrevocable letter of credit issued by a bank with its main office or branch located within this state in the penal amount of forty thousand dollars guaranteeing the payments required of the school to the private career school student protection account in accordance with the provisions of section 10a-22u, except that, any letter of credit issued on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in a penal amount specified in such regulations. The letter of credit shall be payable to the private career school student protection account in the event that such school fails to make payments to the account as provided in subsection (a) of section 10a-22u or in the event the state takes action to reimburse the account for a tuition refund paid to a student pursuant to the provisions of section 10a-22v, provided the amount of the letter of credit to be paid into the private career school student protection account shall not exceed the amounts owed to the account. In the event a private career school fails to close in accordance with the provisions of section 10a-22m, the executive director may seize the letter of credit, which shall be made payable to the private career school protection account.

(e) The executive director shall notify the applicant private career school, by certified mail, return receipt requested of the decision to grant or deny a certificate of authorization not later than sixty days after receiving the written report of the evaluation team appointed pursuant to subsection (e) of section 10a-22b.

(P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17; P.A. 05-60, S. 1; P.A. 06-150, S. 3; P.A. 09-99, S. 2; P.A. 12-156, S. 24; P.A. 16-155, S. 6; P.A. 22-123, S. 13.)

History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit in the penal amount of $10,000 (Revisor's note: The name “Default Assurance Fund” was changed editorially by the Revisors to “Private Occupational School Student Protection Fund” by authority of P.A. 83-150); P.A. 83-501 amended Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July 1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; (Revisor's note: In 1997 references in Subsec. (c) to the “Private Occupational School Student Protection Fund” were replaced editorially by the Revisors with “private occupational school protection account” to conform section with Sec. 10a-22u); P.A. 05-60 amended Subsec. (c) to raise penal amount from $10,000 to $20,000 and to increase the dollar amount and time period required to excuse the letter of credit from $10,000 to $20,000 and from five to eight years, respectively, effective July 1, 2005; P.A. 06-150 amended Subsec. (a) to include “member” in Subdiv. (1) and to add Subdivs. (5) and (6) re criteria for denial of certificate of authorization, added new Subsec. (b) re criteria for denial of certificate of authority based on criminal record, redesignated existing Subsec. (b) as Subsec. (c), redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to eliminate provision re release of letter of credit upon payment by school of $20,000 into private occupational school student protection account and to require verification of evidence of fiscal soundness prior to release, added Subsec. (e) re notification of decision to grant or deny certificate of authority and made conforming and technical changes throughout section; P.A. 09-99 amended Subsec. (a) by adding Subdiv. (7) re director located at school and each branch, amended Subsec. (d) by requiring letter of credit to be issued by an in-state bank, increasing amount of the letter of credit from $20,000 to $40,000 and extending from 8 to 12 the number of years after which the letter of credit is released, and made conforming changes, effective July 1, 2009; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 16-155 amended Subsec. (d) by adding provision re seizure of letter of credit when school fails to close in accordance with statutory provisions, effective July 1, 2016; P.A. 22-123 amended Subsec. (a) to allow criteria for application approval to be set forth in regulations, amended Subsec. (d) to allow the penal amount of a letter of credit to be specified in regulations and to remove the requirement for release of a letter of credit after 12 years, made a conforming change in Subsec. (e) and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, probation, extension. (a) After the initial year of approval and for the next three years of operation as a private career school, renewal of the certificate of authorization shall be required annually.

(b) Following the fourth year of continuous authorization, a renewal of the certificate of authorization, if granted, shall be for a period not to exceed five years and may be subject to an evaluation pursuant to subsection (e) of section 10a-22b, provided no private career school shall operate for more than five additional years from the date of any renewal without the completion of an evaluation pursuant to subsection (e) of section 10a-22b.

(c) Renewal of the certificate of authorization shall be granted only upon (1) payment of a nonrefundable renewal fee to the Office of Higher Education in the amount of two hundred dollars for the private career school and two hundred dollars for each branch of a private career school, except that, any renewal fees paid on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations, (2) submission of any reports or audits, as prescribed by the executive director or the executive director's designee, concerning the fiscal condition of the private career school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the executive director of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization, and (4) a determination that the private career school meets all the conditions of its recent authorization, including, but not limited to, at the discretion of the executive director, evidence that such school is current on its financial obligations and has adequate financial resources to serve its current students, and the filing of documentation with the executive director that the private career school has a passing financial ratio score as required by 34 CFR 668, as amended from time to time.

(d) If the executive director, or the executive director's designee, determines, at any time during a school's authorization period, that such school is out of compliance with the conditions of authorization under sections 10a-22a to 10a-22o, inclusive, and any applicable regulations of Connecticut state agencies, the school may be placed on probation for a period not to exceed one year. If, after the period of one year of probationary status, the school remains out of compliance with the conditions of authorization, the executive director may revoke such school's certificate of authorization to operate as a private career school pursuant to section 10a-22f. During the school's period of probation, the school shall post its probationary certificate of authorization in public view. The Office of Higher Education may publish the school's probationary certificate of authorization status.

(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, inclusive, the executive director may authorize the extension of the most recent certificate of authorization for a period not to exceed sixty days for good cause shown, provided such extension shall not change the date of the original certificate's issuance or the date for each renewal.

(f) After the first year of authorization, each private career school shall pay a nonrefundable annual fee to the private career school student protection account in the amount of two hundred dollars for the private career school and two hundred dollars for each branch of a private career school, except that, any annual fee paid on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations. The annual fee shall be due and payable for each year after the first year of authorization that the private career school and any branch of a private career school is authorized by the executive director to offer career instruction. Such annual fee shall be in addition to any renewal fee assessed under this section.

(g) Each private career school shall keep financial records in conformity with generally accepted accounting principles. An annual financial statement detailing the financial status of the school shall be prepared by school management and reviewed or audited, or, for a nonaccredited school annually receiving less than fifty thousand dollars in tuition revenue, compiled, by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants. A copy of such financial statement shall be filed with the executive director on or before the last day of the fourth month following the end of the school's fiscal year, except in the case of a nationally accredited school recognized by the United States Department of Education, in which case such financial statement shall be due on or before the last day of the sixth month following the end of the school's fiscal year. Only audited financial statements shall be accepted from a nationally accredited school. Upon a nonaccredited school's written request, the executive director may authorize, for good cause shown, a filing extension for a period not to exceed sixty days. No filing extensions shall be granted to a nationally accredited school.

(h) The failure of any private career school to submit an application to the Office of Higher Education for the renewal of a certificate of authorization on or before the date on which it is due may result in the loss of authorization under section 10a-22f. The executive director of said office may deny the renewal of such certificate of authorization if there exists a failure to file such renewal application by the date on which it is due, or the end of any period of extension authorized pursuant to subsection (e) of this section.

(P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294, S. 4, 17; P.A. 06-150, S. 4; P.A. 09-99, S. 3; P.A. 11-48, S. 235; P.A. 12-156, S. 56; P.A. 16-155, S. 3, 4; P.A. 17-139, S. 4; P.A. 21-45, S. 2, 3; P.A. 22-123, S. 14.)

History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every three years with provision that would require annual authorization for a period of three years after which renewal will be for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of additional fees for extension or branch schools in Subsec. (a), added Subsec. (a)(2) re time limit for filing of an application for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295 in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv. (2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995; P.A. 06-150 amended Subsec. (a) to provide for annual renewal of authorization after initial year of operation and next three years and to designate parts of subsection as new Subsecs. (b) and (c), amended said Subsec. (c) to increase annual fee from $100 to $200, require additional fee of $200 for each branch school, require submission of all reports or audits re fiscal condition of school, delete provisions re failure to renew authorization and issuance of probationary authorization and add Subdiv. (4) re criteria for renewal of authorization, added Subsec. (d) re probation and revocation of certificate of authorization, redesignated existing Subsec. (b) as Subsec. (e) and made conforming and technical changes throughout section; P.A. 09-99 amended Subsec. (a) by inserting “renewal of the certificate of”, made conforming changes in Subsec. (b), amended Subsec. (c) by rephrasing provisions re payment of fees for renewal of certificate of authorization in Subdiv. (1), inserting “as prescribed by the commissioner or the commissioner's designee” in Subdiv. (2) and requiring school to have passing financial ratio score, and added Subsec. (f) re payment of annual fee to student protection account and Subsec. (g) re maintenance of financial records, effective July 1, 2009; P.A. 11-48 amended Subsecs. (c) and (d) to replace references to Board of Governors of Higher Education and Department of Higher Education with references to Office of Financial and Academic Affairs for Higher Education and references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (e), (f) and (g), “commissioner” was changed editorially by the Revisors to “executive director” to conform with changes made by P.A. 11-48, S. 232); pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (c) and (d), effective June 15, 2012; P.A. 16-155 amended Subsec. (c) by adding provision re evidence that school is current on rent or mortgage obligations and making technical changes, and amended Subsec. (g) by adding provision re nonaccredited school offering instruction in barbering or hairdressing and annually enrolling fewer than 10 students to file a compiled financial statement, effective July 1, 2016; P.A. 17-139 amended Subsec. (g) by deleting “offering instruction in barbering or hairdressing and” re nonaccredited school, effective July 1, 2017; P.A. 21-45 amended Subsec. (g) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue” and added Subsec. (h) re failure to submit application for renewal of certificate of authorization, effective July 1, 2021; P.A. 22-123 amended Subsec. (b) to change references to Secs. 10a-22b(f) and 10a-22b(g) to Sec. 10a-22b(e), amended Subsec. (c) to allow renewal fees to be specified in regulations and to require schools to have adequate financial resources to serve current students, amended Subsec. (f) to allow the amount of annual fees to be specified in regulations and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22e. (Formerly Sec. 10-7f). Revision of conditions of authorization. (a) During any period of authorization by the executive director to operate as a private career school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, such private career school may request revision of the conditions of its authorization. Such school shall make such request to the executive director, in the manner and on such forms prescribed by the executive director sixty days prior to the proposed implementation date of any intended revision. Such revision shall include, but not be limited to, changes in (1) courses or programs; (2) ownership of the school; (3) name of the school; (4) location of the school's main campus; or (5) location of any of the school's additional classroom sites or branch campuses. A private career school requesting revision of the conditions of its authorization based on a change in ownership of the school shall submit an application and letter of credit pursuant to sections 10a-22b and 10a-22c, accompanied by a nonrefundable change of ownership fee made payable to the private career school student protection account under section 10a-22u in the amount of two thousand dollars for the private career school and two hundred dollars for each branch of a private career school in this state, except that, any ownership fee paid on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations.

(b) The executive director, or the executive director's designee, may, not later than thirty days after receipt of a request to revise the conditions of authorization, issue an order prohibiting any such change if it would constitute a material or substantial deviation from the conditions of authorization.

(c) If the executive director, or the executive director's designee, fails to take action upon a request for revision by the thirtieth day following the proposed implementation date of the intended revision, such request shall be deemed approved, and the private career school's certificate of authorization shall be so revised for the same period as its current authorization.

(P.A. 79-380, S. 6; P.A. 83-501, S. 5, 12; P.A. 93-294, S. 5, 17; P.A. 06-150, S. 5; P.A. 09-99, S. 4; P.A. 12-156, S. 25; P.A. 22-123, S. 15.)

History: P.A. 83-501 added provision requiring 30 days notice prior to any revision in conditions of authorization, including notification of changes in courses or programs, ownership of school, name of school or location of school; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7f transferred to Sec. 10a-22e in 1995; P.A. 06-150 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to make conforming changes, to permit schools to request revision of conditions of authorization 60 days prior to implementation date of proposed revision instead of 30 days prior to intended revision, to permit change in location of school's main campus in Subdiv. (4), and to add Subdiv. (5) to permit change in location of additional classroom sites or branches, amended Subsec. (b) to permit commissioner or designee to issue order prohibiting change not later than 30 days after receipt of request for revision and delete language re appeal of order to Board of Governors, and added Subsec. (c) re approval of request for revision if commissioner or designee fails to act by thirtieth day; P.A. 09-99 amended Subsec. (a) by adding requirements for requesting revision of conditions of authorization based on change in school ownership, effective July 1, 2009; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 22-123 amended Subsec. (a) to allow the amount of ownership fees to be specified in regulations and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization. (a) A certificate of authorization issued to a private career school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, may be revoked by the executive director 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-22o, inclusive, or sections 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 renewal; (4) fails to make a required payment to the private career school student protection account pursuant to section 10a-22u; or (5) fails to submit a complete application for a renewal of a certificate of authorization pursuant to section 10a-22d.

(b) The executive director, or the executive director's designee, shall serve written notice, by certified mail, return receipt requested upon a private career school indicating that revocation of the school's authorization is under consideration and the executive director shall set forth the reasons such revocation is being considered. Not later than forty-five days after mailing such written notice, the executive director, or the executive director's designee, shall hold a compliance conference with the private career school.

(c) If, after the compliance conference, the executive director determines that revocation of the certificate of authorization is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the private career school, which notice shall include, but not be limited to, the date of the revocation.

(d) A private career school aggrieved by the order of the executive director revoking its certificate of authorization pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(P.A. 79-380, S. 7; P.A. 84-176, S. 1, 5; P.A. 86-48, S. 2, 5; P.A. 87-434, S. 2, 5; P.A. 93-294, S. 6, 17; P.A. 96-180, S. 15, 166; 96-244, S. 31, 63; P.A. 06-150, S. 6; P.A. 09-99, S. 5; P.A. 12-156, S. 26; P.A. 21-45, S. 4; P.A. 22-123, S. 16; 22-126, S. 4.)

History: P.A. 84-176 amended Subsec. (b) to clarify that a school aggrieved by a decision may request a hearing within 14 administrative days after “receipt of written notice” of the completion of an administrative review; P.A. 86-48 amended Subsec. (b) to add time limit for giving of written notice of the determination of the administrative review and to substitute the word “days” for “administrative days” (Revisor's note: References in Subsec. (a) to repealed Sec. 10-7e were deleted editorially by the Revisors); P.A. 87-434 specified when the review is to begin and be completed and extended the amount of time to give written notice of the conclusions of the review; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7g transferred to Sec. 10a-22f in 1995; P.A. 96-180 amended Subsec. (a) by substituting “student protection account” for “default assurance fund”, effective June 3, 1996; P.A. 96-244 also amended Subsec. (a) by replacing “default assurance fund” with “private occupational school student protection account”, effective July 1, 1996; P.A. 06-150 amended Subsec. (a) to make technical changes and, in Subdiv. (3), include false statement in application for renewal as basis for revocation of certification of authorization, amended Subsec. (b) to insert “or the commissioner's designee”, require notice of consideration of revocation to be given by certified mail, return receipt requested, delete provisions re administrative review of consideration of revocation and add provision requiring commissioner or commissioner's designee to hold compliance conference with school, added Subsec. (c) re order by commissioner of revocation of authorization and added Subsec. (d) permitting appeal by aggrieved school to Board of Governors; P.A. 09-99 amended Subsec. (d) by replacing “Board of Governors” with “commissioner”; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 21-45 amended Subsec. (a) by adding Subdiv. (5) re failure to submit application for renewed certificate of authorization, effective July 1, 2021; P.A. 22-123 changed “private occupational school” to “private career school” throughout, effective July 1, 2022; P.A. 22-126 amended Subsec. (a) by changing “renewed certificate” to “renewal of a certificate”, effective May 27, 2022.

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Sec. 10a-22g. (Formerly Sec. 10-7h). Additional classroom sites, branch schools and distance learning programs. (a) A private career school which is authorized by the executive director pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, may request authorization to establish and operate additional classroom sites or branch schools, or to offer existing or new programs through a distance learning program, as defined in section 10a-22h, for the purpose of offering the occupational instruction authorized by the executive director, provided the additional classroom site or branch school complies with the provisions of subsection (b) of this section. Such school shall make such request for authorization to operate an additional classroom site or branch school or to offer existing or new programs through a distance learning program, in the manner and on such forms as prescribed by the executive director, at least sixty days prior to the proposed establishment of such additional classroom site or branch school or such distance learning program.

(b) The buildings and premises for such additional classroom site or branch school shall meet all applicable state and local fire and zoning requirements, and certificates attesting the same signed by the local fire marshal and zoning enforcement officer shall be filed with the executive director prior to offering such occupational instruction. The additional classroom site or branch school shall be in compliance with the relevant requirements set forth in subsection (g) of section 10a-22b, or on and after the effective date of the regulations adopted pursuant to section 10a-22k, the requirements set forth in such regulations.

(c) The executive director, or the executive director's designee, not later than thirty days after the proposed date for establishment of a branch school, may issue an order prohibiting any such establishment of a branch school if it would constitute a material or substantial deviation from the conditions of authorization or if the private career school fails to meet the requirements set forth in subsection (b) of this section.

(d) If the executive director, or the executive director's designee, fails to take action upon the request for revision by the thirtieth day after the proposed date for establishment of such additional classroom site or branch school or such distance learning program, such request shall be deemed approved.

(P.A. 79-380, S. 8; P.A. 83-501, S. 6, 12; P.A. 91-295, S. 3, 7; P.A. 93-294, S. 7, 17; P.A. 06-150, S. 7; P.A. 09-99, S. 6; P.A. 12-156, S. 27; P.A. 16-155, S. 5; P.A. 22-123, S. 17.)

History: P.A. 83-501 amended Subsec. (a) requiring evaluation of branch or extension school pursuant to Subsec. (e) of Sec. 10-7b and requiring payment of $50 nonrefundable fee; P.A. 91-295 in Subsec. (a) increased the fee from $50 to $100; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7h transferred to Sec. 10a-22g in 1995; P.A. 06-150 amended Subsec. (a) to permit schools to request authorization to establish and operate additional classroom sites, require that additional classroom sites and branch schools comply with provisions of Subsec. (b), require request for authorization to be made at least 30 days prior to proposed establishment of additional classroom site or branch school and designate part of subsection as new Subsec. (b), amended said Subsec. (b) to make provisions applicable to additional classroom site and branch school, delete provisions requiring that notice of extension or branch operation and course or program of instruction offered be filed with commissioner, increase amount of annual fee from $100 to $200 to be paid into the private occupational school student protection account, redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to permit commissioner or commissioner's designee to issue order prohibiting establishment of branch school not later than 30 days after proposed date for establishment of branch school and to add failure of school to meet requirements of Subsec. (b) as reason for issuing order, added Subsec. (d) re approval of request upon failure of commissioner or commissioner's designee to act on request by thirtieth day after proposed date for establishment of additional classroom site or branch school, and made technical and conforming changes throughout section; P.A. 09-99 amended Subsec. (b) by making a conforming change and deleting requirement re fee paid annually to student protection account, effective July 1, 2009; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 16-155 amended Subsec. (a) by replacing “thirty” with “sixty” in provision re request for authorization to operate additional classroom site or branch school, effective July 1, 2016; P.A. 22-123 amended Subsecs. (a) and (c) to change “private occupational school” to “private career school”, amended Subsecs. (a) and (d) to add references to distance learning programs and amended Subsec. (b) to allow requirements to be set forth in regulations, effective July 1, 2022.

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Sec. 10a-22h. (Formerly Sec. 10-7i). Distance learning program by an out-of-state private career school. Application and approval period. Any out-of-state private career school that seeks to operate a distance learning program in the state shall submit an application to the Office of Higher Education in the form and manner prescribed by the office. Each such private career school shall agree to abide by standards established by the office. The office shall approve or reject such private career school's application in accordance with the standards established by the office. Authorization by the office to operate a distance learning program in the state shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all out-of-state private career schools that are approved by the office. As used in this section, “distance learning program” means a program of study in which lectures are broadcast or classes are conducted by correspondence or over the Internet, without requiring a student to attend in person.

(P.A. 79-380, S. 9; P.A. 91-295, S. 4, 7; P.A. 93-294, S. 8, 17; P.A. 06-150, S. 8; P.A. 11-48, S. 236; P.A. 12-156, S. 28; P.A. 21-45, S. 5; P.A. 22-123, S. 18.)

History: P.A. 91-295 in Subsec. (b) increased the fee from $25 to $50; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7i transferred to Sec. 10a-22h in 1995; P.A. 06-150 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) to require representatives of out-of-state schools not authorized under applicable statutes to file application with Department of Higher Education and to pay nonrefundable fee of $500 into private occupational student protection account; P.A. 11-48 amended Subsec. (b) to replace “Department of Higher Education” with “Office of Financial and Student Affairs for Higher Education” and “commissioner” with “executive director”, effective July 1, 2011 (Revisor's note: In Subsec. (a), “commissioner” was changed editorially by the Revisors to “executive director” to conform with changes made by P.A. 11-48, S. 232); P.A. 12-156 amended Subsec. (b) by replacing “Office of Financial and Student Affairs for Higher Education” with “Office of Higher Education”, effective June 15, 2012; P.A. 21-45 deleted former Subsecs. (a) and (b) re requirement for representative of unauthorized private occupational school to obtain permit to represent the school and added provisions re requirement for out-of-state private occupational school to submit application to operate a distance learning program in the state, effective July 1, 2021; P.A. 22-123 changed “private occupational school” to “private career school” and made a technical change, effective July 1, 2022.

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Sec. 10a-22i. (Formerly Sec. 10-7j). Administrative penalty. (a) The executive director may assess any person, board, partnership, association, corporation, limited liability company or other entity which violates any provision of sections 10a-22a to 10a-22p, inclusive, sections 10a-22u to 10a-22w, inclusive, or regulations adopted pursuant to section 10a-22k, an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation, except that, any administrative penalty assessed on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations.

(b) The executive director shall serve written notice upon a private career school when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty. Not later than forty-five days after mailing such notice to the private career school, the executive director, or the executive director's designee, shall hold a compliance conference with the private career school.

(c) If, after the compliance conference, the executive director determines that imposition of an administrative penalty is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the private career school.

(d) A private career school aggrieved by the order of the executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17; P.A. 06-150, S. 9; P.A. 09-99, S. 7; 09-116, S. 1; P.A. 12-156, S. 29; P.A. 19-87, S. 6; P.A. 22-123, S. 19.)

History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7l, inclusive, and clarifying that the penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted “commissioner” for “state board” in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A. 90-198 in Subsec. (b) increased the number of days for completion of an administrative review from 21 to 45; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from department of education to department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995; P.A. 06-150 amended Subsec. (a) to make conforming changes and include limited liability companies as entities subject to administrative penalty, amended Subsec. (b) to insert “an administrative”, delete provisions re process for administrative review and hearing and add provision requiring compliance conference not later than 45 days after mailing of notice of consideration of administrative penalty, added Subsec. (c) re imposition of administrative penalty after compliance conference and added Subsec. (d) permitting aggrieved school to request hearing before Board of Governors; P.A. 09-99 amended Subsec. (d) by replacing “Board of Governors” with “commissioner”; P.A. 09-116 amended Subsec. (a) by permitting assessment of administrative penalty for violation of regulations adopted pursuant to Sec. 10a-22k; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-22p, effective July 1, 2019; P.A. 22-123 amended Subsec. (a) to allow amount of administrative penalty to be specified in regulations and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22j. (Formerly Sec. 10-7k). Court orders to prevent violations. The executive director, through the Attorney General, may seek an order from the Superior Court to prevent any violation of sections 10a-22a to 10a-22p, inclusive, or sections 10a-22u to 10a-22w, inclusive.

(P.A. 79-380, S. 11; P.A. 93-294, S. 10, 17; P.A. 06-150, S. 10; P.A. 12-156, S. 30; P.A. 19-87, S. 7.)

History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7k transferred to Sec. 10a-22j in 1995; P.A. 06-150 authorized Commissioner of Higher Education, rather than Board of Governors, to prevent violation of specified sections by seeking order from Superior Court through the Attorney General, made technical and conforming changes and deleted provision re injunction in accordance with chapter 916; P.A. 12-156 replaced “commissioner” with “executive director”, effective June 15, 2012; P.A. 19-87 added reference to Sec. 10a-22p, effective July 1, 2019.

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Sec. 10a-22k. (Formerly Sec. 10-7l). Regulations. The Office of Higher Education shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive. Such regulations may prescribe fines, fees or penalties in lieu of the amounts set forth in sections 10a-22b to 10a-22e, inclusive, and sections 10a-22i, 10a-22l, 10a-22m and 10a-224.

(P.A. 79-380, S. 12; P.A. 93-294, S. 11, 17; P.A. 06-150, S. 11; P.A. 11-48, S. 237; P.A. 12-156, S. 31; P.A. 22-123, S. 20.)

History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7l transferred to Sec. 10a-22k in 1995; P.A. 06-150 made technical and conforming changes; P.A. 11-48 replaced “Board of Governors” with “board”, effective July 1, 2011; P.A. 12-156 replaced “board” with “Office of Higher Education”, effective June 15, 2012; P.A. 22-123 added the authority to prescribe fines, fees and penalties in regulations, effective July 1, 2022.

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Sec. 10a-22l. Operation without certificate of authorization. Penalty. Investigation. (a) Any private career school operating without a certificate of authorization required under section 10a-22b or operating an additional classroom site or branch school in violation of section 10a-22g shall be fined not more than five hundred dollars for each day of unauthorized operation, to be paid into the private career student protection account, except that, any fine assessed on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations.

(b) The executive director, or the executive director's designee, may conduct an investigation and, through the Attorney General, maintain an action in the name of the state against any person to restrain or prevent the establishment or operation of an institution that does not have a certificate of authorization.

(P.A. 06-150, S. 12; P.A. 12-156, S. 32; P.A. 22-123, S. 21.)

History: P.A. 12-156 amended Subsec. (b) by replacing references to commissioner with references to executive director, effective June 15, 2012; P.A. 22-123 amended Subsec. (a) to allow the amount of fines to be specified in regulations and to change “private occupational school” to “private career school”, effective July 1, 2022.

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Sec. 10a-22m. School closure. Revocation of certificate of authorization. Seizure of letter of credit. Issuance of certificate of completion. (a) A private career school shall notify the executive director, in writing, at least sixty days prior to closure of such school. The private career school shall provide evidence prior to closing that: (1) All course work is or will be completed by current students at the school; (2) there are no refunds due any students; (3) all student records will be maintained as prescribed in section 10a-22n; (4) final payment has been made to the private career school student protection account; (5) a designation of service form has been filed with the executive director; and (6) the certificate of authorization has been returned to the executive director.

(b) Any private career school that fails to meet the requirements outlined in subsection (a) of this section shall be fined not more than five hundred dollars per day for each day of noncompliance, except that, any fine assessed on and after the effective date of the regulations adopted pursuant to section 10a-22k, shall be in the amount specified in such regulations, and pursuant to subdivision (6) of subsection (a) of section 10a-22c, shall be ineligible to be issued a certificate of authorization upon application to operate a private career school. Funds collected pursuant to this subsection shall be placed in the private career student protection account established pursuant to section 10a-22u.

(c) If the executive director revokes a private career school's certificate of authorization, such school shall comply with the requirements of subsection (a) of this section. Failure to comply shall result in further penalties at the discretion of the executive director.

(d) In the event a private career school fails to meet the requirements set forth in subsection (a) of this section and closes prior to graduating all current students, the executive director may seize the letter of credit filed by the private career school pursuant to subsection (d) of section 10a-22c, and such letter of credit shall be made payable to the private career school student protection account. The executive director may expend funds from the private career school student protection account up to the amount necessary to facilitate a teach-out of any remaining students up to and including the issuance of a certificate of completion pursuant to subsection (e) of this section. For purposes of this subsection and subsection (e) of this section, (1) “teach-out” means the completion of instruction of a course or program of study in which a student was enrolled, provided the teach-out includes instruction of the entire program of study when a course is a part of such program of study, and (2) “certificate of completion” means the credential, documented in writing, that is issued to a student who completes a course or program of study offered by a private career school.

(e) In the event of a private career school closure that fails to meet the requirements set forth in subsection (a) of this section, the executive director may issue a certificate of completion to each student that, in the executive director's determination, has successfully completed the student's course or program of study in which the student was enrolled at the private career school.

(P.A. 06-150, S. 14; P.A. 12-156, S. 33; P.A. 16-155, S. 7; P.A. 22-123, S. 22.)

History: P.A. 12-156 replaced “commissioner” with “executive director”, effective June 15, 2012; P.A. 16-155 added Subsec. (d) re seizure of letter of credit and Subsec. (e) re issuance of certificate of completion, effective July 1, 2016; P.A. 22-123 amended Subsec. (b) to allow fines to be specified in regulations and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22n. Maintenance of school records. (a) A private career school shall maintain, preserve and protect, in a manner approved by the executive director, or the executive director's designee, all school records including, but not limited to: (1) Student or academic transcripts, including, in a separate file, a duplicate copy of the academic transcript of each student who graduated from such school, and a duplicate copy of the academic transcript of each student enrolled at such school that contains the student's name, address, program of study, length of such program of study, grade point average and courses completed; (2) attendance records or other indicators of student progress; (3) copies of individual enrollment agreements or contracts; (4) evidence of tuition payments; and (5) any other documentation as prescribed by the executive director.

(b) The executive director, or the executive director's designee, may at any time during regular business or school hours, with or without notice, visit a private career school. During such visitation, the executive director, or the executive director's designee, may request an officer or director of the school to produce, and shall be provided with immediate access to, such records or information as are required to verify that the school continues to meet the conditions of authorization. If the executive director determines that such private career school has not maintained, preserved or protected school records in accordance with this section, the executive director may assess an administrative penalty on such private career school pursuant to section 10a-22i.

(c) If a school ceases to operate as a private career school, it shall (1) immediately transmit all student or academic transcripts, described in subdivision (1) of subsection (a) of this section, to the executive director, and (2) keep the executive director advised in writing as to the location and availability of all other student records or shall file all such other student records with the executive director.

(d) The executive director shall maintain all records, files and other documents associated with private career schools in a manner consistent with the mission and responsibilities of the Office of Higher Education.

(P.A. 06-150, S. 15; P.A. 11-48, S. 238; P.A. 17-139, S. 5; P.A. 22-123, S. 23.)

History: P.A. 11-48 amended Subsec. (a) to replace “Commissioner of Higher Education” with “executive director”, “commissioner” with “executive director” and “commissioner's” with “executive director's”, effective July 1, 2011 (Revisor's note: In Subsecs. (b) and (c), “commissioner” and “commissioner's” were changed editorially by the Revisors to “executive director” and “executive director's”, respectively, to conform with changes made by P.A. 11-48, S. 232); P.A. 17-139 amended Subsec. (a)(1) by adding provision re duplicate copies of academic transcripts of graduated students and enrolled students, amended Subsec. (b) by adding provision re administrative penalty, amended Subsec. (c) by adding Subdiv. (1) re immediate transmittal of student or academic transcripts to executive director, designating existing provision re advising executive director of student records or filing records with executive director as Subdiv. (2) and amending same to add references to other student records, and added Subsec. (d) re manner of maintaining all records, files and other documents, effective July 1, 2017; P.A. 22-123 changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22o. Enforcement of orders issued by executive director. Investigations by executive director. (a) The executive director, through the Attorney General, may petition the superior court for the judicial district of Hartford for the enforcement of any order issued by the executive director, and for other appropriate relief. The court may issue such orders as are appropriate to aid in enforcement.

(b) The executive director, or the executive director's designee, may conduct any necessary review, inspection or investigation regarding applications for certificates of authorization or possible violations of sections 10a-22a to 10a-22p, inclusive, or any applicable regulations of Connecticut state agencies. In connection with any investigation, the executive director or the executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the executive director may seek relief pursuant to subsection (a) of this section.

(P.A. 06-150, S. 13, 16; P.A. 09-99, S. 8; P.A. 12-156, S. 34; P.A. 19-87, S. 8.)

History: P.A. 09-99 amended Subsec. (a) by deleting “Board of Governors”; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 19-87 amended Subsec. (b) by adding reference to Sec. 10a-22p, effective July 1, 2019.

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Sec. 10a-22p. Disclosure of claim limitation clause in enrollment contracts by private career schools. (a) On and after January 1, 2020, any private career school, as defined in section 10a-22a, that requires any student, as a condition of enrollment, to enter into an agreement that (1) limits participation in a class action against such school, (2) limits any claim the student may have against such school or the damages for such claim, or (3) requires the student to assert any claim against such school in a forum that is less convenient, more costly or more dilatory for the resolution of a dispute than a judicial forum established in the state where the student may otherwise properly bring a claim, shall include in its application to the Office of Higher Education for initial or renewed certificate of authorization pursuant to sections 10a-22b and 10a-22d, a statement (A) disclosing the number of claims made against the school, including claims made against a parent organization or subsidiary of the school, by a student currently or formerly enrolled at the school, (B) describing the nature of the rights asserted, and (C) updating the status of such claims. The school shall submit additional details regarding such claims as the executive director of the Office of Higher Education may require.

(b) The executive director of the Office of Higher Education may deny the application for initial or renewed certificate of authorization of a private career school or consider a private career school ineligible to receive any public funds, including, but not limited to, federal funds administered by the office pursuant to section 10a-45 if (1) such school fails to include the statement required under subsection (a) of this section in its application, or (2) upon review of such statement, the executive director determines that the public policy of protecting the interests of students in the state requires such denial.

(c) The executive director of the Office of Higher Education shall have the authority granted under sections 10a-22i, 10a-22j and 10a-22o to investigate and enforce the provisions of subsections (a) and (b) of this section.

(P.A. 19-87, S. 2; P.A. 22-123, S. 24.)

History: P.A. 19-87 effective July 1, 2019; P.A. 22-123 changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22q. (Formerly Sec. 10-7r). Private career school student benefit account. After each annual determination of the balance of the private career school student protection account required by section 10a-22w, if the balance of the account is more than two million five hundred thousand dollars, the State Treasurer shall transfer to a separate, nonlapsing account within the General Fund, to be known as the private career school student benefit account, three-fourths of the annually accrued interest of said student protection account.

(P.A. 85-607, S. 1; P.A. 86-312, S. 14, 21; P.A. 87-434, S. 4, 5; P.A. 90-198, S. 3, 5; May 9 Sp. Sess. P.A. 02-1, S. 127; P.A. 22-123, S. 25.)

History: P.A. 86-312 changed student benefit “fund” from a special fund to a separate nonlapsing “account” within the general fund; P.A. 87-434 provided that the treasurer transfer funds out of protection fund if the balance in the fund is more than 5% of the annual net tuition income rather than $1,000,000 or more and that no transfers shall cause the balance of the fund to fall below 5% of the annual net tuition income rather than $1,000,000; P.A. 90-198 provided that the treasurer transfer funds out of the protection fund if the balance in the fund is more than 6% of the annual net tuition income rather than 5% and that no transfers shall cause the balance of the fund to fall below 6% of the annual net tuition income rather than 5%; Sec. 10-7r transferred to Sec. 10a-22q in 1995 (Revisor's note: In 1995 the word “School” was added editorially by the Revisors after “Private Occupational” for consistency with Sec. 10a-22u which creates the fund and in 1997 references to “Private Occupational School Student Protection Fund” were replaced editorially by the Revisors with “private occupational school student protection account” to conform section with Sec. 10a-22u); May 9 Sp. Sess. P.A. 02-1 added a provision requiring transfer of a portion of the interest in the protection account if the balance in said account exceeds $2,500,000 and deleted former provisions re maintenance of a balance in the protection account equal to 6% of annual net tuition income, effective July 1, 2002; P.A. 22-123 changed “private occupational school” to “private career school”, effective July 1, 2022.

See Sec. 10a-22u re private occupational school student protection account.

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Sec. 10a-22r. (Formerly Sec. 10-7s). Administration of private career school student benefit account. Advisory committee. Upon the availability of funds to award financial aid grants from the private career school student benefit account, there shall be established an advisory committee to the executive director consisting of seven members appointed by the executive director, including a representative of the private career schools, a representative from the Office of Higher Education and five members chosen from business or industry, state legislators, private career school alumni and the general public. Three of the members first appointed to the committee shall be appointed for a term of three years and four of the members first appointed shall be appointed for a term of two years. Thereafter, all members shall be appointed for a term of two years. The executive director shall administer the private career school student benefit account, established pursuant to section 10a-22u, with the advice of the advisory committee in accordance with the provisions of this section and sections 10a-22s and 10a-22t and may assess the account for all direct expenses incurred in the implementation of this section. The account shall be used to award financial aid grants for the benefit of private career school students. The grants shall be paid to the private career school designated by the grant recipient to be applied against the tuition expenses of such recipient. If the balance of the student protection account is five per cent or less of the annual net tuition income of the schools which make payments to the account pursuant to section 10a-22u, any unallocated funds in the student benefit account shall be transferred to the private career school student protection account.

(P.A. 85-607, S. 2; P.A. 86-48, S. 4, 5; 86-312, S. 15, 21; 86-333, S. 24, 32; P.A. 87-434, S. 3, 5; P.A. 93-294, S. 12, 17; P.A. 11-48, S. 239; P.A. 12-156, S. 56; P.A. 22-123, S. 26.)

History: P.A. 86-48 deleted provision authorizing the use of the fund to procure an indemnity or insurance policy; P.A. 86-312 replaced references to student benefit “fund” with references to student benefit “account”; P.A. 86-333 specified length of terms of members of the committee; P.A. 87-434 allowed the commissioner to assess the fund for all direct expenses incurred in the implementation of the section; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made a technical change, effective July 1, 1993; Sec. 10-7s transferred to Sec. 10a-22r in 1995; (Revisor's note: In 1997 references to “fund” were replaced editorially by the Revisors with references to “account” to conform section with Secs. 10-22q and 10-22u, respectively); P.A. 11-48 replaced “Commissioner of Higher Education” with “executive director” and “Department of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 22-123 added “Upon the availability of funds to award financial aid grants from the private career school student benefit account, there shall be”, added references to sections 10a-22u, 10a-22s and 10a-22t and changed “private occupational school” to “private career school”, effective July 1, 2022.

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Sec. 10a-22s. (Formerly Sec. 10-7t). Duties of executive director of the Office of Higher Education re financial aid grants. The executive director, with the advice of the advisory committee, shall establish the criteria for awarding financial aid grants. Applications for grants shall be submitted on such forms and in such manner as the executive director, with the advice of the advisory committee, shall prescribe. The executive director shall establish policies, with the advice of the advisory committee, for the return of any portion of a financial aid grant, representing tuition of a student, which would otherwise be refundable.

(P.A. 85-607, S. 3; P.A. 88-136, S. 1, 37; P.A. 93-294, S. 13, 17; P.A. 11-48, S. 240.)

History: P.A. 88-136 deleted obsolete provisions re report on policies and practices of private occupational schools due February 15, 1986; P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7t transferred to Sec. 10a-22s in 1995; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director”, effective July 1, 2011.

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Sec. 10a-22t. (Formerly Sec. 10-7u). Payment of grants by Treasurer. The Treasurer shall pay financial aid grants, approved and ordered to be paid by the executive director with the advice of the advisory committee, from the student benefit account.

(P.A. 85-607, S. 4; P.A. 86-312, S. 16, 21; P.A. 12-156, S. 35.)

History: P.A. 86-312 replaced reference to student benefit “fund” with reference to student benefit “account”; Sec. 10-7u transferred to Sec. 10a-22t in 1995; P.A. 12-156 replaced “commissioner” with “executive director”, effective June 15, 2012.

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Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private career school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private career school student protection account within the General Fund. Each private career school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, shall pay to the State Treasurer an amount equal to four-tenths of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that distance learning and correspondence schools authorized in accordance with the provisions of section 10a-22h, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of payment. In addition to amounts received based on tuition, the account shall also contain any amount required to be deposited into the account pursuant to sections 10a-22a to 10a-22o, inclusive. Said account shall be used for the purposes of section 10a-22v. Any interest, income and dividends derived from the investment of the account shall be credited to the account. All direct expenses for the maintenance of the account may be charged to the account upon the order of the State Comptroller. The executive director may assess the account for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the Office of Higher Education.

(b) Payments required pursuant to subsection (a) of this section shall be a condition of doing business in the state and failure to make any such payment within thirty days following the date on which it is due shall result in the loss of authorization under section 10a-22f. Such authorization shall not be issued or renewed if there exists a failure to make any such payment in excess of thirty days following the date on which it is due.

(c) If an audit conducted by the Office of Higher Education determines that a school has paid into the private career school student protection account an amount less than was required, the school shall pay such amount plus a penalty of ten per cent of the amount required to the State Treasurer within thirty days of receipt of notice from the executive director or the executive director's designee of the amount of the underpayment and penalty.

(d) If an audit conducted by the Office of Higher Education determines that a school has paid into the private career school student protection account an amount more than was required, subsequent payment or payments by the school shall be appropriately credited until such credited payment or payments equal the amount of the overpayment.

(P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S. 14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2; May 9 Sp. Sess. P.A. 02-1, S. 128; P.A. 06-150, S. 17; P.A. 09-99, S. 9; P.A. 11-48, S. 241; P.A. 12-156, S. 56; June Sp. Sess. P.A. 15-5, S. 430; P.A. 16-24, S. 1; P.A. 21-45, S. 6; P.A. 22-123, S. 27.)

History: P.A. 78-158 required payment to treasurer of one-half of 1%, rather than 1%, of tuition received, rather than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted “authorized” and “authorization” for “licensed” and “licensure”; P.A. 83-150 changed name from “Proprietary School Default Assurance Fund” to “Private Occupational School Student Protection Fund”, deleted obsolete reference to payments made in 1978 and authorized commissioner of education and department of education rather than state board of education to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, added Subsec. (a)(2) re the fiscal years ending June 30, 1994 and June 30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from “Private Occupational School Student Protection Fund” to “private occupational school student protection account”; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997, increased the limit for personnel and administrative services from $100,000 to $118,000 and made a technical change, effective July 1, 1995; (Revisor's note: In 1997 references in Subsecs. (c) and (d) to “Private Occupational School Student Protection Fund” were changed editorially by the Revisors to “private occupational school student protection account” to conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95); P.A. 97-285 amended Subdiv. (2) of Subsec. (a)(2) to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount from $118,000 to $150,000, to set the limit of the annual interest accrual and to specify that the amount transferred be used for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192 amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase the amount from $150,000 to $170,000, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to add a provision that no additional school assessments shall be made if the resources of the protection account exceed $2,500,000, effective July 1, 2002; P.A. 06-150 amended Subsec. (a) to change internal section references; P.A. 09-99 amended Subsec. (a) by requiring that student protection account contain amounts deposited pursuant to Secs. 10a-22a to 10a-22o, effective July 1, 2009; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director” and replaced “Department of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by changing “one-half” to “four-tenths”, deleting “for accounting, auditing and clerical services”, deleting former Subdiv. (2) re assessment of account for fiscal years ending June 30, 2000, and June 30, 2001, and making a conforming change, effective July 1, 2015; P.A. 16-24 amended Subsec. (a) by adding “distance learning and” and deleting “and home study”, effective July 1, 2016; P.A. 21-45 amended Subsec. (a) by changing statutory reference re authorization of distance learning and correspondence schools from “sections 10a-22a to 10a-22o, inclusive,” to “section 10a-22h”, effective July 1, 2021; P.A. 22-123 made a technical change in Subsec. (c) and changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any student enrolled in a private career school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, who is unable to complete an approved course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may, not later than two years after the date on which such school became insolvent or ceased operations, make application to the executive director for a refund of tuition from the account established pursuant to section 10a-22u to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of distance learning and correspondence schools authorized in accordance with the provisions of section 10a-22h, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the executive director shall determine whether the applicant is unable to complete a course or unit of instruction because of the insolvency or cessation of operation of the school to which tuition has been paid. The executive director may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school shall be deemed to have ceased operation whenever it has failed to complete a course or unit of instruction for which the student has paid a tuition fee and, as a result, the school's authorization has been revoked pursuant to section 10a-22f. If the executive director finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the executive director shall determine the amount of an appropriate refund which shall be equal to the tuition paid for the uncompleted course or unit of instruction. Thereafter the executive director shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment shall be made to the student's parent, parents or legal guardian. In no event shall a refund be made from the student protection account for any financial aid provided to or on behalf of any student in accordance with the provisions of Title IV, Part B of the Higher Education Act of 1965, as amended from time to time. Each recipient of a tuition refund made in accordance with the provisions of this section shall assign all rights to the state of any action against the school or its owner or owners for tuition amounts reimbursed pursuant to this section. Upon such assignment, the state may take appropriate action against the school or its owner or owners in order to reimburse the student protection account for any expenses or claims that are paid from the account and to reimburse the state for the reasonable and necessary expenses in undertaking such action. Any student who falsifies information on an application for tuition reimbursement shall lose his or her right to any refund from the account.

(P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S. 15, 17; P.A. 06-150, S. 18; P.A. 07-164, S. 1; P.A. 09-99, S. 10; P.A. 11-48, S. 242; P.A. 16-24, S. 2; P.A. 17-139, S. 6; P.A. 21-45, S. 7; P.A. 22-123, S. 28.)

History: P.A. 78-158 allowed refunds to extent fund “has reached the level necessary to pay outstanding approved claims”, made special reference to procedure when correspondence and home study schools are involved, deleted reference to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid other school at applicant's request and allowed payment to “persons, agencies or organizations ...” who have paid tuition on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted “authorized” for “licensed”; P.A. 82-406 granted board of education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined “ceased operation” for purposes of making a tuition refund, authorized commissioner rather than state board to make refund determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995; (Revisor's note: In 1997 references to “Student Protection Fund” and “fund” were replaced editorially by the Revisors with references to “student protection account” and “account” to conform section with Sec. 10a-22u); P.A. 06-150 changed internal section references; P.A. 07-164 added provision re student who falsifies information on application for tuition reimbursement shall lose right to refund from student protection account; P.A. 09-99 made a technical change and excluded refund for financial aid provided in accordance with Title IV, Part B of the Higher Education Act of 1965, effective July 1, 2009; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director”, effective July 1, 2011; P.A. 16-24 added “distance learning and” and deleted “and home study”, effective July 1, 2016; P.A. 17-139 replaced “a course” with “an approved course”, added “not later than two years after the date on which such school became insolvent or ceased operations”, and deleted “or a portion of” re amount of appropriate refund, effective July 1, 2017; P.A. 21-45 changed statutory reference re authorization of distance learning and correspondence schools from “sections 10a-22a to 10a-22o, inclusive,” to “section 10a-22h”, effective July 1, 2021; P.A. 22-123 changed “private occupational school” to “private career school”, effective July 1, 2022.

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Sec. 10a-22w. (Formerly Sec. 10-14k). Treasurer to determine balance of account. On or before June thirtieth of each year the State Treasurer shall determine the balance of the account established pursuant to section 10a-22u.

(P.A. 77-440, S. 3; P.A. 78-158, S. 3, 4; P.A. 79-380, S. 15; P.A. 83-150, S. 3, 4; P.A. 84-176, S. 4, 5; P.A. 87-434, S. 1, 5; P.A. 90-198, S. 4, 5; May 9 Sp. Sess. P.A. 02-1, S. 129; P.A. 16-24, S. 3.)

History: P.A. 78-158 replaced provisions concerning reductions of payments based on millions of dollars in fund with provisions for cessation of payments when fund is at or above $1,000,000 until such time as balance falls below $1,000,000 mark, for resumption of payments when necessary and for initial payments by newly-licensed schools; P.A. 79-380 changed dates relating to initial payment schedule; P.A. 83-150 deleted reference to repealed Sec. 10-8; P.A. 84-176 clarified language re payments into the fund to maintain the balance at $1,000,000; P.A. 87-434 substituted October 1, 1987, for October 1, 1977, changed the balance in the fund at which payments cease for certain schools from $1,000,000 or more to “more than five per cent ...” and the balance below which payments are to resume from $1,000,000 to “four per cent ...” and made technical changes accordingly; P.A. 90-198 changed the balance in the fund at which payments cease for certain schools from 5% of the annual net tuition income to 6% and the balance below which payments are to resume from 4% of the annual net tuition income to 5% and made technical changes accordingly; Sec. 10-14k transferred to Sec. 10a-22w in 1995; (Revisor's note: In 1997 references to “fund” were replaced editorially by the Revisors with references to “account” to conform section with Sec. 10a-22u); May 9 Sp. Sess. P.A. 02-1 added provision that if the balance of the account is more than $2,500,000, further payments to the account shall cease until it falls below 5% of such annual net tuition income and deleted former provision which provided for such cessation if the balance in the account was more than 6% of the annual net tuition income of schools, effective July 1, 2002; P.A. 16-24 deleted provisions re State Treasurer to cease payments to account based on balance of account, effective July 1, 2016.

See Sec. 10a-22q et seq. re private occupational school student benefit account and the transfer of annually accrued interest from the private occupational school student protection account to the benefit account.

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Sec. 10a-22x. (Formerly Sec. 10-14l). Regulations. The Office of Higher Education shall adopt such regulations as are necessary to carry out the purposes of this chapter.

(P.A. 77-440, S. 4; P.A. 93-294, S. 16, 17; P.A. 11-48, S. 243; P.A. 12-156, S. 36.)

History: P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14l transferred to Sec. 10a-22x in 1995; P.A. 11-48 replaced “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; P.A. 12-156 replaced “State Board of Education” with “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-22y. Hospital-based occupational schools: Authorization period. Renewal fee. Annual fee. Payment into private occupational school student protection account. Section 10a-22y is repealed, effective July 1, 2022.

(P.A. 08-116, S. 9; P.A. 09-99, S. 11; P.A. 22-123, S. 44.)

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Sec. 10a-22z. Butler Business School and Sawyer School certificates of completion. The Office of Higher Education is authorized to issue certificates of completion to every student who has been determined by said office to have successfully completed such student's course of study at the Butler Business School located in the city of Bridgeport or the Sawyer School located in the town of Hamden and the city of Hartford.

(P.A. 13-1, S. 1.)

History: P.A. 13-1 effective March 8, 2013.

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Secs. 10a-23 and 10a-24. Transfer of functions, powers and duties. Meaning of term “Board of Higher Education”. Sections 10a-23 and 10a-24 are repealed, effective June 15, 2012.

(P.A. 82-218, S. 36, 37, 46; P.A. 83-105, S. 1; 83-587, S. 17, 96; P.A. 84-241, S. 2, 5; P.A. 93-353, S. 23, 52; P.A. 95-212, S. 6, 7; P.A. 11-48, S. 285; P.A. 12-156, S. 63.)

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Sec. 10a-25. Use of term “Department of Higher Education”. Section 10a-25 is repealed.

(P.A. 82-218, S. 38, 46; P.A. 88-136, S. 36, 37.)

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PART Ia

HIGH TECHNOLOGY PROJECTS AND PROGRAMS.
CENTERS OF EXCELLENCE

Sec. 10a-25a. Declaration of policy. It is hereby found and determined that it is in the best interest of the state to encourage, promote, develop and assist the growth or establishment of high technology products and programs which are necessary to provide and maintain employment and tax revenues and that financial assistance to encourage, promote, develop and assist high technology products, techniques, processes and programs, including higher educational and vocational education programs is an important function of the state. It is a matter of legislative determination that state financial assistance in the high technology area is necessary to increase employment and public revenues and therefore the provisions of sections 10a-25b to 10a-25g, inclusive, are in the public interest and for the public benefit and good.

(P.A. 83-492, S. 1, 11.)

See Sec. 32-41b re high technology projects and programs.

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Sec. 10a-25b. Issuance of bonds; use of bond proceeds. (a) The State Bond Commission may authorize the issuance of bonds of the state in one or more series in accordance with the provisions of sections 10a-25a to 10a-25g, inclusive, but not in excess of the aggregate amount of twenty-two million five hundred thousand dollars.

(b) The proceeds of the sale of said bonds, to the extent hereinafter stated, shall be used to encourage, promote, develop and assist high technology products and programs within Connecticut by infusion of financial assistance in situations when such financial aid would not otherwise reasonably be available from other sources as hereinafter stated: (1) For the State Board of Education: High technology equipment for programs in the technical education and career schools, not exceeding two million dollars; (2) for Connecticut Innovations, Incorporated: (A) Matching funds for cooperative high technology research and development projects and programs, not exceeding nine million dollars; (B) financial aid, as defined in subdivision (4) of section 32-34, to public institutions of higher education for high technology projects and programs, not exceeding eleven million five hundred thousand dollars.

(P.A. 83-492, S. 2, 11; P.A. 86-396, S. 16, 25; P.A. 87-405, S. 13, 26; P.A. 88-343, S. 9, 32; P.A. 89-331, S. 12, 30; P.A. 90-297, S. 6, 24; June Sp. Sess. P.A. 91-4, S. 12, 25; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June 5 Sp. Sess. P.A. 97-1, S. 10, 20; P.A. 12-116, S. 87; P.A. 17-237, S. 87.)

History: P.A. 86-396 amended Subsec. (a) to increase bond authorization from $5,500,000 to $10,500,000 and amended Subsec. (b)(2) to increase Subpara. (A) from $1,000,000 to $3,000,000 and to increase Subpara. (B) from $2,500,000 to $5,500,000 P.A. 87-405 amended Subsec. (a) to increase the bond authorization from $10,500,000 to $14,500,00 and amended Subsec. (b)(2) to increase Subpara. (A) from $3,000,000 to $5,000,000 and to increase Subpara. (B) from $5,500,000 to $7,500,000; P.A. 88-343 amended Subsec. (a) to increase the bond authorization from $14,500,000 to $18,500,000 and amended Subsec. (b)(2) to increase Subpara. (A) from $5,000,000 to $7,000,000 and to increase Subpara. (B) from $7,500,000 to $9,500,000; P.A. 89-331 increased the bond authorization from $18,500,000 to $20,500,000, increasing funds for high technology projects and programs by $2,000,000; P.A. 90-297 amended Subsec. (a) to increase the bond authorization from $20,500,000 to $22,500,000 and amended Subsec. (b)(2) to increase Subpara. (A) from $8,000,000 to $9,000,000 and to increase Subpara. (B) from $10,500,000 to $11,500,000; June Sp. Sess. P.A. 91-4 changed “the department of higher education” in Subsec. (b)(2) to “the department of economic development”; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; June 5 Sp. Sess. P.A. 97-1 amended Subsec. (b)(2) to replace reference to Department of Economic and Community Development with Connecticut Innovations Inc. and to change Subpara. (b)(2)(B) from grants to financial aid as defined in Sec. 32-34(4), effective July 31, 1997; pursuant to P.A. 12-116, “vocational-technical schools” was changed editorially by the Revisors to “technical high schools” in Subsec. (b), effective July 1, 2012; P.A. 17-237 amended Subsec. (b) by replacing “technical high schools” with “technical education and career schools”, effective July 1, 2017.

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Sec. 10a-25c. Bond authorization. (a) All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 10a-25a to 10a-25g, inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to said sections, 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 and from time to time renewed. Such bonds shall mature at such time or times not exceeding ten 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.

(b) 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 the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in it discretion, may require.

(P.A. 83-492, S. 3, 11; P.A. 84-546, S. 28, 173.)

History: P.A. 84-546 made technical changes in Subsec. (a).

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Sec. 10a-25d. “State moneys” defined; use of federal, private or other moneys for projects. For the purposes of sections 10a-25a to 10a-25g, inclusive, “state moneys” means the proceeds of the sale of bonds authorized pursuant to said sections or of temporary notes issued in anticipation of the moneys to be derived from the sale of such bonds. Each request filed as provided in subsection (b) of section 10a-25c for an authorization of bonds shall identify the project for which the proceeds of the sale of such bonds are to be used and expended and, in addition to any terms and conditions required pursuant to said subsection (b) of section 10a-25c, shall include the recommendation of the person signing such request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available hereunder for such project. If the request includes a recommendation that some amount of such federal, private or other moneys should be added to such state moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of such bonds, the amount of such federal, private or other moneys then available or thereafter to be made available for costs in connection with such project may be added to any state moneys available or becoming available hereunder for such project and be used for such project. Any other federal, private or other moneys then available or thereafter to be made available for costs in connection with such project upon receipt shall, in conformity with applicable federal and state law, be used by the Treasurer to meet principal of outstanding bonds issued pursuant to sections 10a-25a to 10a-25g, inclusive, or to meet the principal of temporary notes issued in anticipation of the money to be derived from the sale of bonds theretofore authorized pursuant to said sections for the purpose of financing such costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to such project are used to meet principal of such temporary notes or whenever principal of any such temporary notes is retired by application of revenue receipts of the state, the amount of bonds theretofore authorized in anticipation of which such temporary notes were issued and the aggregate amount of bonds which may be authorized pursuant to section 10a-25b shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet principal as hereinabove directed, the amount thereof may be invested by the Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, and shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as the said moneys so invested.

(P.A. 83-492, S. 4, 11; P.A. 84-546, S. 29, 173.)

History: P.A. 84-546 made technical changes to section.

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Sec. 10a-25e. Use of bond proceeds. Any balance of proceeds of the sale of said bonds authorized for any project described in subsection (b) of section 10a-25b in excess of the cost of such project may be used to complete any other project described in said section if the State Bond Commission shall so determine and direct. Any balance of proceeds of the sale of said bonds in excess of the costs of all the projects described in subsection (b) of section 10a-25b shall be deemed appropriated and shall be used for the purposes of retiring such portion of the indebtedness on said bonds as may be retired by the amount of such balance.

(P.A. 83-492, S. 5, 11.)

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Sec. 10a-25f. General obligation bonds. Said bonds issued pursuant to sections 10a-25a to 10a-25g, inclusive, 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.

(P.A. 83-492, S. 6, 11.)

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Sec. 10a-25g. Grants to develop high technology projects and programs. Through Connecticut Innovations, Incorporated the state may provide financial aid, as defined in subdivision (4) of section 32-34, for the development of high technology projects and programs in accordance with the provisions of subdivision (2) of subsection (b) of section 10a-25b. Such funding shall be made in accordance with written procedures adopted by Connecticut Innovations, Incorporated in accordance with the provisions of section 1-121. Until June 30, 1996, Connecticut Innovations, Incorporated may use not more than three per cent of the total amount of any annual bond allocation for high technology projects and programs described in section 10a-25b or this section, for the administration and evaluation of such projects and programs.

(P.A. 83-492, S. 7, 11; P.A. 84-241, S. 2, 5; P.A. 88-360, S. 46, 63; June Sp. Sess. P.A. 91-4, S. 13, 25; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June 5 Sp. Sess. P.A. 97-1, S. 11, 20.)

History: P.A. 84-241 added “of higher education” to board of governors' title; P.A. 88-360 provided that the department of higher education may use not more than 3% of the total amount of any annual bond allocation for the projects and programs for administration and evaluation; June Sp. Sess. P.A. 91-4 changed “the department of higher education” to “the department of economic development” and deleted a reference to the “board of governors of higher education”; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; June 5 Sp. Sess. P.A. 97-1 replaced reference to Department of Economic and Community Development with Connecticut Innovations, Inc., state financial assistance in the form of grants with financial aid as defined in Sec. 32-34(4), regulations with written procedures and made conforming and technical changes, effective July 31, 1997; (Revisor's note: In 2001 a reference to section “10a-25g” was replaced editorially by the Revisors with the words “this section” to conform section with customary statutory usage).

See Secs. 32-41t, 32-41u re cooperative high technology research and development program involving corporations and institutions of higher learning.

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Sec. 10a-25h. Higher education centers of excellence. (a) In order to develop and further encourage excellence in public higher education, the boards of trustees of the constituent units of the state system of higher education, not including Charter Oak State College, are hereby authorized to establish and administer centers to be known as Connecticut higher education centers of excellence. Appropriations to these centers shall be used for the development or enhancement of essential support for academic, research, or public service centers of excellence which have gained or may gain regional and national prominence or for libraries or equipment for present enhancement to existing programs deemed to have potential for excellence with such enhancement.

(b) For the purposes of this section, a center of excellence is defined as a distinctive or potentially distinctive instructional, research or public service program at an institution of a constituent unit of the state system of higher education.

(c) Priority of funding for centers of excellence shall be for those programs which receive matching support, in the form of in-kind or actual funds, from business, industry or federal government sources.

(P.A. 84-368, S. 1, 5; P.A. 86-283, S. 1; P.A. 14-117, S. 9.)

History: Editorial substitution of the word “of” for the word “for” in board of governors' title was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted the boards of trustees of the constituent units for the board of governors of higher education and substituted centers of excellence for fund for excellence in Subsec. (a); P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014.

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Sec. 10a-25i. Appropriation. Solicitation of private funds; disbursement. (a) Annual appropriations not to exceed in total one per cent of the total General Fund appropriation for the preceding year for the constituent units of the state system of higher education shall be made to said constituent units to support centers of excellence recommended for funding pursuant to section 10a-25j. The amount of funds going to any one constituent unit annually shall not exceed one per cent of the General Fund appropriation for such unit in the preceding year.

(b) The constituent units of the state system of higher education, not including Charter Oak State College, are authorized to solicit, receive and maintain funds from private sources to be used for the centers of excellence.

(P.A. 84-368, S. 2, 5; P.A. 86-283, S. 2; P.A. 14-117, S. 5.)

History: Editorial addition of the phrase “of higher education” in references to board of governors was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted “annual appropriations” for “an annual appropriation”, inserted “in total”, and provided that appropriations be made to the constituent units to support centers of excellence rather than to the department of higher education for the fund for excellence in Subsec. (a), and in Subsec. (b) substituted the constituent units for the board of governors and “centers of” for “fund for” excellence and deleted provisions re allocation of private funds; P.A. 14-117 amended Subsec. (b) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014.

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Sec. 10a-25j. Identification of centers of excellence; evaluation of program. The Board of Regents for Higher Education shall, in consultation with representatives of the board of trustees of the constituent units, including faculty, develop guidelines for identifying centers of excellence. Initial proposals for funding centers of excellence shall originate within the constituent units, from faculty, staff or administration. The proposals shall be reviewed and approved by the board of trustees of the constituent unit to ensure that they conform to institutional priorities. The Board of Regents for Higher Education shall select a committee, including faculty and staff representatives from constituent units, to review proposals and make recommendations to the board. The Board of Regents for Higher Education shall: (1) Consider and select proposals; (2) request as part of its consolidated budget, pursuant to section 10a-6, appropriations to support centers of excellence recommended for funding pursuant to this section; and (3) provide for the evaluation of the effectiveness of the centers of excellence in meeting the goals established in subsection (a) of section 10a-25h.

(P.A. 84-368, S. 3, 5; P.A. 86-283, S. 3; P.A. 11-48, S. 285.)

History: Editorial addition of the phrase “of higher education” in references to board of governors was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted the requirement that the board of governors of higher education contract with the constituent units with the requirement that it request appropriations to support centers of excellence and substituted “centers of” for “fund for” excellence; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011.

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Secs. 10a-25k to 10a-25m. Reserved for future use.

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Secs. 10a-25n to 10a-25p. High technology doctoral fellowship program. Eligibility for fellowships. Regulations. Sections 10a-25n to 10a-25p, inclusive, are repealed, effective July 1, 2013.

(P.A. 87-408, S. 1–3, 5; P.A. 88-360, S. 57, 63; P.A. 11-48, S. 285; P.A. 13-240, S. 12.)

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PART II

TUITION CHARGES

Sec. 10a-26. (Formerly Sec. 10-329b). Status of students for purposes of tuition charges. (a) For the purposes of this section, sections 10a-77, 10a-99 and 10a-105, and this part: (1) A “full-time student” means a student who has been registered and who has been accepted for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree or whose course of instruction or credit hour load indicates pursuit toward a degree; (2) “tuition” means a direct charge for institutional programs, which is clearly delineated from any other fees.

(b) In order to defray part of the cost of the higher education institutional programs at the constituent units of the state system of higher education, tuition shall be charged as provided in said sections 10a-77, 10a-99 and 10a-105 for each full-time student or shall be prorated in the case of a student carrying less than seventy-five per cent of the credit hours defined as a full-time load by the institution. Any person enrolled in and paying extension fees for a course in an educational extension program or a summer session shall not be charged tuition for such course.

(c) Fees charged for educational extension programs and for summer school sessions under sections 10a-77, 10a-99 and 10a-105 shall not be deemed to be tuition within the meaning of this section.

(1969, P.A. 812, S. 7–11; June, 1971, P.A. 5, S. 126; P.A. 73-474, S. 8, 9; P.A. 74-120; P.A. 81-468, S. 1, 11; P.A. 82-373, S. 2, 4; P.A. 84-365, S. 1, 12; P.A. 91-256, S. 12, 69; P.A. 92-126, S. 36, 48.)

History: 1971 act amended Subsec. (a) to extend applicability to Secs. 10-38h, 10-108c, 10-116 and 10-119a, to redefine “out-of-state student” in terms of legal address at time of application rather than at time of acceptance or registration and to clarify effect of established status of student, amended Subsec. (b) to substitute “tuition ... as provided in sections 10-38h, 10-108c, 10-116 and 10-119a” for specific sum of $150 per semester, to delete references to “out-of-state” students and to replace “exempt from the payment of tuition under this section” with “charged the same tuition as is payable by a resident of this state”, amended Subsec. (c) to change beginning date for tuition charge from fall semester of 1970-71 college year to semester beginning in January, 1972, and to delete reference to tuition being in addition to fees or differential rates charged during 1969-70 college year and deleted Subsec. (e) re refunds of tuition; P.A. 73-474 amended Subsec. (a) to delete definitions of “constituent unit of the state system of higher education” and “out-of-state student” and to delete provision re status enacted in 1971; P.A. 74-120 amended Subsec. (b) to exempt persons paying extension fees from tuition charge; P.A. 81-468 established tuition funds for The University of Connecticut and The University of Connecticut Health Center, which funds are exempt from requirement that funds received for tuition be deposited to resources of general fund, effective July 1, 1981, and replaced reference to “instructional programs” with reference to “institutional programs”; P.A. 82-373 deleted provision in Subsec. (b) setting tuition for residents of other New England states at rate paid by Connecticut residents under New England Board of Higher Education Compact; Sec. 10-329b transferred to Sec. 10a-26 in 1983; P.A. 84-365 amended Subsecs. (a) and (b) deleting provision re deposit of amounts charged for tuition in general fund; P.A. 91-256 deleted obsolete Subsec. (c) relettered Subsec. (d) as Subsec. (c) and made technical changes; P.A. 92-126 removed references to repealed Sec. 10a-83.

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Sec. 10a-26a. Waiver of tuition and fees for College Connections program and other manufacturing programs. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, the Board of Regents for Higher Education shall waive tuition and fees for students enrolled at Ansonia High School who participate in (1) the College Connections program at Derby High School, or (2) another manufacturing program offered in Ansonia or Derby, and use funds appropriated for purposes of this section to cover the costs of students participating in such programs.

(P.A. 19-117, S. 67; June Sp. Sess. P.A. 21-2, S. 362.)

History: P.A. 19-117 effective June 26, 2019; June Sp. Sess. P.A. 21-2 deleted “in an amount equal to the appropriation for such purpose”, added Subdiv. designator (1), and added Subdiv. (2) re another manufacturing program offered in Ansonia or Derby and provision re use of funds appropriated for purposes of section, effective July 1, 2021.

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Sec. 10a-27. (Formerly Sec. 10-329c). Statement of policy. It is the intent of the legislature that the constituent units in the state system of higher education shall apply uniform rules, as provided in this part, in determining whether students shall be classified as in-state or out-of-state students for tuition purposes.

(P.A. 73-474, S. 1, 9.)

History: Sec. 10-329c transferred to Sec. 10a-27 in 1983 pursuant to reorganization of higher education system.

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Sec. 10a-28. (Formerly Sec. 10-329d). Definitions. For the purposes of this part:

(1) “Institution” means a constituent unit in the state system of higher education;

(2) “Residence” or “reside” denotes continuous and permanent physical presence within this state, provided temporary absence for short periods of time shall not affect the establishment of a residence;

(3) “Domicile” denotes a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain, and to which he expects to return when he leaves without intending to establish a new domicile elsewhere;

(4) “Emancipated person” means a person who has attained the age of eighteen years, and whose parents have entirely surrendered the right to the care, custody and earnings of such person and who no longer are under any legal obligation to support or maintain such person. If any of the aforesaid tests are not met, such person shall be deemed an “unemancipated person”;

(5) “Parent” means a person's father; or if he has no father, his mother; or if one parent has custody of an unemancipated person, the parent having custody; or if there is a guardian or legal custodian of an unemancipated person, then such guardian or legal custodian, provided there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person;

(6) Attendance at a school or schools in this state shall be deemed “continuous” if the person claiming continuous attendance has been enrolled at a school or schools in this state as a full-time student, as such term is defined in section 10a-26.

(P.A. 73-474, S. 2, 9.)

History: Sec. 10-329d transferred to Sec. 10a-28 in 1983 pursuant to reorganization of higher education system.

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Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status. The following shall determine the status of a student:

(1) Every person having such person's domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having such person's domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;

(2) The domicile of an unemancipated person is that of such person's parent;

(3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for such person's spouse and unemancipated children after six consecutive months of residency and, provided such person is not in this state primarily as a full-time student, such person's spouse and unemancipated children may at once be so classified, and may continue to be so classified as long as such person continues such person's domicile in this state;

(4) Any unemancipated person who remains in this state when such person's parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person's attendance at a school or schools in this state shall be continuous;

(5) The spouse of any person who is classified or is eligible for classification as an in-state student shall be entitled to classification as an in-state student;

(6) (A) A member of the armed forces, as defined in section 27-103, who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student.

(B) The spouse of any person who is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The spouse, while in residence after the spouse's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the member of the armed forces is thereafter transferred on military orders;

(7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, (A) while in continuous attendance toward the degree for which the student is currently enrolled, or (B) while in residence after the student's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the student's parent is thereafter transferred on military orders;

(8) A student who is from another state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico shall be classified as an in-state student, if such student (A) attended for three years and graduated from a high school in this state, and (B) was sponsored, housed and supported during attendance at such school by a program, such as the “A Better Chance” program, established as a nonprofit organization that raises charitable funds on the local level for the purpose of giving students who are minority students, are from single parent homes or live in poverty, an opportunity to attend school in a different environment. For purposes of this subdivision, “minority student” means a student whose racial ancestry is defined as other than white by the Bureau of Census of the United States Department of Commerce;

(9) In accordance with 8 USC 1621(d), a person, other than a nonimmigrant alien as described in 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V), shall be entitled to classification as an in-state student for tuition purposes, (A) if such person (i) resides in this state, (ii) attended any educational institution in this state and completed at least two years of high school level education in this state, (iii) graduated from a high school in this state, or the equivalent thereof, and (iv) is registered as an entering student, or is enrolled at a public institution of higher education in this state, and (B) if such person is without legal immigration status, such person files an affidavit with such institution of higher education stating that such person has filed an application to legalize such person's immigration status, or will file such an application as soon as such person is eligible to do so; and

(10) (A) A veteran who lives in this state, regardless of such veteran's state of residence, shall be entitled to classification as an in-state student for tuition purposes only. As used in this subdivision, “veteran” means any person discharged or released, under conditions other than dishonorable, from a period of ninety or more days of active service in the armed forces.

(B) A person who lives in this state, regardless of such person's state of residence, and is entitled to educational assistance pursuant to the Marine Gunnery Sergeant John David Fry Scholarship, 38 USC 3311(b)(8), as amended from time to time, shall be entitled to classification as an in-state student for tuition purposes only.

(C) A person who lives in this state, regardless of such person's state of residence, and is entitled to educational assistance pursuant to the Post-9/11 G.I. Bill, 38 USC 3319, as amended from time to time, through transfer of such assistance by virtue of such person's relationship to a veteran or a member described in 38 USC 3319(b), as amended from time to time, who is serving on active duty, shall be entitled to classification as an in-state student for tuition purposes only.

(P.A. 73-474, S. 3, 9; P.A. 05-110, S. 1; P.A. 06-135, S. 6; 06-196, S. 68; P.A. 11-43, S. 1; P.A. 15-82, S. 1; P.A. 19-172, S. 1; P.A. 22-101, S. 1.)

History: Sec. 10-329e transferred to Sec. 10a-29 in 1983 pursuant to reorganization of higher education system; P.A. 05-110 added new Subdiv. (6) re member of armed forces stationed in this state and redesignated existing Subdiv. (6) as Subdiv. (7), effective July 1, 2005; P.A. 06-135 added Subdiv. (8) re “A Better Chance” program students, effective July 1, 2006; P.A. 06-196 made technical changes in Subdivs. (3) and (4), effective June 7, 2006; P.A. 11-43 added Subdiv. (9) re status of persons, including those without legal immigration status, who reside in this state, attended any educational institution and completed at least 4 years of high school in this state, graduated from a high school in this state and are registered at or enrolled in a public institution of higher education in this state, effective July 1, 2011; P.A. 15-82 amended Subdiv. (9) to replace reference to 8 USC 1101(a)(15) with reference to 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V) and to change high school requirement from 4 years to 2 years, effective July 1, 2015; P.A. 19-172 amended Subdiv. (6) by designating existing provisions re member of armed forces who is stationed in state pursuant to military orders entitled to classification as in-state student as Subpara. (A), and adding Subpara. (B) re spouse of member of armed forces stationed in state pursuant to military orders entitled to classification as in-state student, amended Subdiv. (7) by designating existing provisions re continuous attendance toward degree as Subpara. (A), adding Subpara. (B) re student in residence after acceptance for matriculation at constituent unit of state system of higher education in course of study leading to degree, and made technical changes; P.A. 22-101 amended Subdiv. (6)(A) by adding reference to Sec. 27-103, added Subdiv. (10) re in-state student status for veterans and for persons entitled to certain educational assistance and made technical changes throughout, effective July 1, 2022.

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Sec. 10a-30. (Formerly Sec. 10-329f). Presumptions. Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:

(1) The establishment of a new domicile in this state by an emancipated person has not occurred until he has resided in this state for a period of not less than one year;

(2) No emancipated person shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the governing board of such institution, in the absence of a clear demonstration that he has established domicile in the state;

(3) Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile;

(4) The domicile of any emancipated person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans or otherwise, is that of his parent. Notwithstanding the definition of “parent” contained in subsection (5) of section 10a-28, if such person's parents have separate domiciles, his domicile shall be that of the parent furnishing him the greater financial assistance, or of the parent having the larger income if neither furnishes such assistance; and

(5) A person does not gain or lose in-state status by reason of his presence in any state or country while a member of the armed forces of the United States; provided a member of the armed forces may obtain in-state status for himself and his dependents by establishing his domicile in this state.

(P.A. 73-474, S. 4, 9; P.A. 88-136, S. 19, 37; P.A. 91-174, S. 5, 16.)

History: Sec. 10-329f transferred to Sec. 10a-30 in 1983 pursuant to reorganization of higher education system; P.A. 88-136 deleted the presumption re the domicile of a married woman and renumbered Subdivs. (5) and (6) as (4) and (5); P.A. 91-174 in Subdiv. (1) substituted one year for six months' residency.

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Sec. 10a-31. (Formerly Sec. 10-329g). Guidelines. The Board of Regents for Higher Education shall adopt guidelines by July 1, 1973, applicable to all the constituent units in the state system of higher education that will insure uniform criteria to aid the institutions in determining the tuition status of any student.

(P.A. 73-474, S. 5, 9; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285.)

History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 reorganized system of higher education, replacing board of higher education with board of governors, effective March 1, 1983; Sec. 10-329g transferred to Sec. 10a-31 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011.

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Sec. 10a-32. (Formerly Sec. 10-329h). Authority of institutions. Unless otherwise restricted or prohibited by law, an institution or its governing board may establish quotas, standards for admission, standards for readmission, or other terms and requirements governing persons who are not in-state students for purposes of higher education and nothing contained in this part shall be construed as prohibiting or limiting that right.

(P.A. 73-474, S. 6, 9.)

History: Sec. 10-329h transferred to Sec. 10a-32 in 1983 pursuant to reorganization of higher education system.

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Sec. 10a-33. (Formerly Sec. 10-329i). Agreements with foreign states. The Board of Regents for Higher Education, The University of Connecticut and the Office of Higher Education may enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the reciprocal exchange of students in higher educational institutions in this state and such other states or countries. Such agreements may include provisions for waiver or reduction of nonresident tuition for designated categories of students and may include contractual payments to such other state or country, subject to the availability of appropriations. Such agreements shall have as their purpose the mutual improvement of educational advantages for residents of this state and such other states or countries with whom agreements may be made.

(P.A. 73-474, S. 7, 9; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-587, S. 18, 96; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 37; P.A. 13-240, S. 3.)

History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-329i transferred to Sec. 10a-33 in 1983; P.A. 83-587 substituted board of governors for board of higher education; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 added “and Office of Higher Education”, effective June 15, 2012; P.A. 13-240 added reference to The University of Connecticut and made a technical change, effective July 1, 2013.

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PART III

ACADEMIC DEGREES

Sec. 10a-34. (Formerly Sec. 10-330). Authorization of programs of higher learning or institutions of higher education. Authority to confer degrees. Review of requests and applications. Appeal of denials. (a) For the purposes of this section, (1) “program of higher learning” means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer, including any course offered by dual enrollment; (2) “degree” means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; (3) “institution of higher education” means any person, school, board, association, limited liability company or corporation which is authorized to offer one or more programs of higher learning leading to one or more degrees; (4) “authorization” means the approval by the Office of Higher Education to operate or continue operating a program of higher learning or institution of higher education for subsequent periods, and in such periods to confer specified degrees; (5) “program modification” means (A) a change in a program of higher learning that does not clearly qualify as a new program of higher learning or a nonsubstantive change, including, but not limited to, a new program of higher learning consisting primarily of course work for a previously approved program of higher learning, (B) an approved program of higher learning to be offered at an off-campus location, (C) a change in the title of a degree, or (D) a change in the title of a program of higher learning; and (6) “nonsubstantive change” means (A) a new undergraduate certificate program, within an existing program of higher learning, of not more than thirty semester credit hours that falls under an approved program of higher learning, (B) a new baccalaureate minor of not more than eighteen semester credit hours, (C) a new undergraduate option or certificate program of not more than fifteen semester credit hours, or (D) a new graduate option or certificate program of not more than twelve semester credit hours.

(b) The Office of Higher Education shall establish regulations, in accordance with chapter 54, concerning the requirements for authorization, administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which authorization may be granted, and the costs and procedures of evaluations as provided in subsections (c), (d) and (i) of this section.

(c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the Office of Higher Education in accordance with regulations established by the Office of Higher Education.

(d) The Office of Higher Education shall review all requests and applications for program modifications, nonsubstantive changes and authorizations. The office shall review each application in consideration of the academic standards set forth in the regulations for authorization adopted by said office in accordance with the provisions of subsection (b) of this section. Notwithstanding the provisions of section 10a-34e, any application that is determined by the office to be for (1) a program modification that meets all such academic standards, (2) a nonsubstantive change, or (3) authorization shall be deemed approved, and the office shall notify the institution of such approval, not later than forty-five days from the date the office receives such application without requiring any further action from the applicant.

(e) If the executive director of the Office of Higher Education, or the executive director's designee, determines that further review of an application is needed due at least in part to the applicant offering instruction in a new program of higher learning or new degree level or the financial condition of the institution of higher education is determined to be at risk of imminent closure as a result of a financial screening conducted pursuant to the provisions of section 10a-34h, then the executive director or the executive director's designee shall conduct a focused or on-site review. Such applicant shall have an opportunity to state any objection regarding any individual selected to review an application on behalf of the executive director. For purposes of this subsection and subsection (f) of this section, “focused review” means a review by an out-of-state curriculum expert; and “on-site review” means a full team evaluation by the office at the institution of higher education.

(f) The executive director of the Office of Higher Education, or the executive director's designee, may require (1) a focused or on-site review of any program application in a field requiring a license to practice in Connecticut, and (2) evidence that a program application in a field requiring a license to practice in Connecticut meets the state or federal licensing requirements for such license.

(g) Any application for authorization of a new institution in this state shall be subject to an on-site review upon a determination by the Office of Higher Education that the application is complete and shall be reviewed at the institutional level for each program as described in subsection (b) of this section. Such process shall be completed not later than nine months from the date said office receives the application.

(h) If the Office of Higher Education denies an application for authorization of a program or institution of higher education, the applicant may appeal the denial not later than ten days from the date of denial. The office shall conduct a hearing in accordance with the requirements of chapter 54 to hear such appeal.

(i) No person, school, board, association or corporation shall operate a program of higher learning or an institution of higher education unless it has been authorized by the Office of Higher Education, nor shall it confer any degree unless it has been authorized in accordance with this section. The office shall accept accreditation recognized by the Secretary of the United States Department of Education, in satisfaction of the requirements of this subsection unless the office finds cause not to rely upon such accreditation. If any institution of higher education provides evidence of programmatic accreditation, the office may consider such accreditation in satisfaction of the requirements of this subsection and deem the program at issue in the application for accreditation to be accredited in accordance with this section.

(j) No person, school, board, association or corporation shall use in any way the term “junior college” or “college” or “university” or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher education, or that it may grant academic or professional degrees, unless the institution has been authorized by the office, nor shall it offer any program of higher learning without authorization of the Office of Higher Education.

(k) Authorization of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect unless the Office of Higher Education determines that an institution is at risk of imminent closure as a result of a financial screening conducted pursuant to the provisions of section 10a-34h.

(l) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section and subject to the authority of the State Board of Education to regulate teacher education programs, an independent institution of higher education, as defined in section 10a-173, shall not require approval by the Office of Higher Education for any new programs of higher learning or any program modifications proposed by such institution until June 30, 2023, and for up to fifteen new programs of higher learning in any academic year or any program modifications proposed by such institution on and after July 1, 2023, provided (1) the institution maintains eligibility to participate in financial aid programs governed by Title IV, Part B of the Higher Education Act of 1965, as amended from time to time, (2) the United States Department of Education has not determined that the institution has a financial responsibility score that is less than 1.5 for the most recent fiscal year for which the data necessary for determining the score is available, and (3) the institution has been located in the state and accredited as a degree-granting institution in good standing for ten years or more by a regional accrediting association recognized by the Secretary of the United States Department of Education and maintains such accreditation status. Each institution that is exempt from program approval by the Office of Higher Education under this subsection shall file with the office (A) on and after July 1, 2023, an application for approval of any new program of higher learning in excess of fifteen new programs in any academic year, (B) a program actions form, as created by the office, prior to students enrolling in any new program of higher learning or any existing program subject to a program modification, and (C) not later than July first, and annually thereafter, (i) until June 30, 2024, a list and brief description of any new programs of higher learning introduced by the institution in the preceding academic year and any existing programs of higher learning discontinued by the institution in the preceding academic year, (ii) the institution's current program approval process and all actions of the governing board concerning approval of any new program of higher learning, and (iii) the institution's financial responsibility composite score, as determined by the United States Department of Education, for the most recent fiscal year for which the data necessary for determining the score is available.

(February, 1965, P.A. 330, S. 13; 1967, P.A. 751, S. 12; 1969, P.A. 344; P.A. 73-408; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 10, 48; P.A. 95-79, S. 20, 189; P.A. 07-90, S. 1; P.A. 11-48, S. 245; P.A. 12-156, S. 56; P.A. 13-118, S. 1; 13-247, S. 187; 13-261, S. 12; P.A. 16-36, S. 1; P.A. 17-56, S. 5; 17-191, S. 2; P.A. 18-33, S. 1; P.A. 19-26, S. 1; June Sp. Sess. P.A. 21-2, S. 265; P.A. 22-123, S. 3.)

History: 1967 act amended Subsec. (d) to allow commission to accept regional or national accreditation; Sec. 10-6 transferred to Sec. 10-330 in 1969; 1969 act prohibited operation of program or institution of higher learning “unless it is operated on a nonprofit basis ...” in Subsec. (d); P.A. 73-408 deleted requirement that programs and institutions be operated on nonprofit basis; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-330 transferred to Sec. 10a-34 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 92-126 amended Subsec. (d) to require the board to accept national accreditation, where appropriate, unless the board finds cause not to rely upon such accreditation; P.A. 95-79 redefined “institution of higher learning” to include a limited liability company, effective May 31, 1995; P.A. 07-90 made a technical change in Subsec. (b), deleted former Subsec. (g) re fine for violation and redesignated existing Subsec. (h) as Subsec. (g), effective January 1, 2008; P.A. 11-48 amended Subsec. (a) to replace “Board of Governors of Higher Education” with “State Board of Education”, amended Subsec. (b) to replace “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs”, amended Subsec. (c) to replace “Board of Governors of Higher Education” with “State Board of Education” and “the Office of Financial and Academic Affairs for Higher Education”, and amended Subsecs. (d) and (e) to replace “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (b) and (c), effective June 15, 2012; P.A. 13-118 amended Subsec. (a) to add Subdiv. (1) to (5) designators, replace references to State Board of Education with references to Office of Higher Education in Subdivs. (4) and (5), make technical changes in Subdivs. (3) and (5), and add Subdivs. (6) and (7) re definitions of “program modification” and “nonsubstantive change”, amended Subsec. (b) to replace provision re advisory council for accreditation with provisions re academic review commissions and make technical changes, amended Subsec. (c) to replace “State Board of Education” with “Office of Higher Education”, added new Subsec. (d) re review of all requests and applications for program modifications, nonsubstantive changes, licensure and accreditation, added new Subsec. (e) re further review of an application, added new Subsec. (f) re focused or on-site review of any program application in a health-related field, added new Subsec. (g) re on-site review of application for licensure of a new institution, added new Subsec. (h) re denial of an application for licensure or accreditation, redesignated existing Subsec. (d) as Subsec. (i) and amended same to replace references to State Board of Education with references to Office of Higher Education, authorize Office of Higher Education to consider evidence of programmatic accreditation and accept national accreditation and make technical changes, redesignated existing Subsec. (e) as Subsec. (j) and amended same to replace references to State Board of Education with references to Office of Higher Education and make technical changes, redesignated existing Subsec. (f) as Subsec. (k), and deleted former Subsec. (g) re temporary licensure, effective July 1, 2013; P.A. 13-247 amended Subsec. (b) to change “twenty-five” to “thirty-five” re members, effective July 1, 2013; P.A. 13-261 amended Subsec. (b) to add new Subdivs. (2) and (3) re appointments for the speaker of the House of Representatives and the president pro tempore of the Senate, redesignate existing Subdivs. (2) to (5) as Subdivs. (4) to (7) and make a technical change, effective July 1, 2013; P.A. 16-36 added Subsec. (l) re new programs of higher learning and program modifications by independent institutions of higher education not subject to approval until July 1, 2018, effective July 1, 2016; P.A. 17-56 amended Subsec. (l) to make technical changes, effective June 20, 2017; P.A. 17-191 amended Subsec. (f) by designating existing provision re focused or on-site review of program application as Subdiv. (1) and amending same to replace “health-related field where a license in Connecticut is required to practice in such field” with “field requiring a license to practice in Connecticut”, and adding Subdiv. (2) re evidence that program application requiring license meets state or federal licensing requirements, effective July 1, 2017; P.A. 18-33 amended Subsec. (l) by replacing “new programs of higher learning and program modifications proposed” with “up to twelve new programs of higher learning in any academic year and any program modifications proposed”, replacing “2018” with “2020”, and substantially revising provision re exempt institutions to file with office including by adding new Subparas. (A) and (B), designating existing provisions as Subpara. (C) and redesignating existing Subparas. (A) to (C) as clauses (i) to (iii), effective July 1, 2018; P.A. 19-26 amended Subsec. (l) by deleting “until July 1, 2020,”, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (l) by deleting allowance for independent institutions of higher education to establish up to 12 new programs and any program modifications without approval of Office of Higher Education, adding allowance for any new programs or modifications without approval until June 30, 2023 and up to 15 new programs and any modifications without approval on and after July 1, 2023, adding “on and after July 1, 2023,” and changing 12 to 15 in Subpara. (A), adding “until June 30, 2024,” in Subpara. (C)(i), and making a technical change, effective July 1, 2021; P.A. 22-123 amended Subsec. (a) by redefining “program of higher learning” in Subdiv. (1), deleting former Subdiv. (4) re the definition for “license”, redesignating existing Subdivs. (5) to (7) as Subdivs. (4) to (6) and redefining and changing “accreditation” to “authorization” in new Subdiv. (4), amended Subsec. (b) by removing the requirement for academic review commissions to hear appeals and denials, amended Subsec. (e) by adding provisions re financial screening and making a technical change, amended Subsec. (h) to require appeal hearings in accordance with Ch. 54, amended Subsec. (i) to change “regional” to “recognized by the Secretary of the United States Department of Education” and removing the requirement to accept national accreditation, amended Subsec. (k) by adding provisions re financial screening, and changed references to approval, licensed or accredited to “authorized” throughout, effective July 1, 2022.

See Sec. 10a-34g re disclosure of claim limitation clause in student enrollment contracts.

Annotation to former section 10-330:

Former statute: “Grandfather” clause held unconstitutional. 151 C. 631.

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Sec. 10a-34a. Conferment of degrees without authority. Penalty. (a) The executive director of the Office of Higher Education may assess any person, school, board, association or corporation which violates any provision of section 10a-34, 10a-34g or10a-35 an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.

(b) (1) The executive director of the Office of Higher Education shall serve written notice upon the person, school, board, association or corporation when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty.

(2) Not later than forty-five days after the executive director or the executive director's designee mails notice pursuant to subdivision (1) of this subsection to such person, school, board, association or corporation, the executive director or the executive director's designee shall hold a compliance conference with such person, school, board, association or corporation.

(c) If, after the compliance conference pursuant to subsection (b) of this section, the executive director determines that imposition of the administrative penalty is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the person, school, board, association or corporation.

(d) The person, school, board, association or corporation aggrieved by the order of the executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request, in writing, a hearing before the Office of Higher Education. Such hearing shall be held in accordance with the provisions of chapter 54.

(P.A. 07-90, S. 2; P.A. 11-48, S. 246; P.A. 12-156, S. 56; P.A. 13-118, S. 2; P.A. 19-87, S. 3.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director of the Office of Financial and Academic Affairs for Higher Education” and “executive director”, and, in Subsec. (d), replaced “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (a) and (b), effective June 15, 2012; P.A. 13-118 amended Subsec. (d) to replace “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019.

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Sec. 10a-34b. Injunctive relief. The executive director, through the Attorney General, may seek an order from the Superior Court to prevent any violation of sections 10a-34, 10a-34g and 10a-35 through the use of an injunction in accordance with the provisions of chapter 916.

(P.A. 07-90, S. 3; P.A. 11-48, S. 247; P.A. 19-87, S. 4.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education” with “executive director”, effective July 1, 2011; P.A. 19-87 added reference to Sec. 10a-34g and made technical changes, effective July 1, 2019.

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Sec. 10a-34c. Investigative power. The executive director of the Office of Higher Education may conduct an investigation and, through the Attorney General, maintain an action in the name of the state against any person, school, board, association or corporation to restrain or prevent the establishment or operation of an institution that is not authorized to award degrees by the Office of Higher Education pursuant to the provisions of section 10a-34.

(P.A. 07-90, S. 4; P.A. 11-48, S. 248; P.A. 12-156, S. 56; P.A. 13-118, S. 3; P.A. 22-123, S. 5.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education, or the commissioner's designee” with “executive director of the Office of Financial and Academic Affairs for Higher Education” and “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 13-118 replaced “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 22-123 removed “licensed, accredited or”, effective July 1, 2022.

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Sec. 10a-34d. Petitioning of court for enforcement of order. The Office of Higher Education, through the Attorney General, may petition the superior court for the judicial district of Hartford for the enforcement of any order issued by the office or the executive director, and for other appropriate relief. The court may issue such orders as are appropriate to aid in enforcement.

(P.A. 07-90, S. 5; P.A. 11-48, S. 249; P.A. 12-156, S. 56.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Board of Governors of Higher Education or the Commissioner of Higher Education” with “Office of Financial and Academic Affairs for Higher Education” and replaced “commissioner” with “executive director”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-34e. Review, inspection or investigation of applications for licensure or accreditation or violations. Teach-outs. Closure plans. (a) The Office of Higher Education may conduct any necessary review, inspection or investigation regarding applications for authorization or possible violations of this section, sections 10a-34 to 10a-34d, inclusive, section 10a-34g or any applicable regulations of Connecticut state agencies. In connection with any investigation, the executive director or the executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the executive director may seek relief pursuant to section 10a-34d.

(b) If the executive director of the Office of Higher Education determines that an institution of higher education that is not regionally accredited is exhibiting financial and administrative indicators that such institution is in danger of closing, the executive director may require such institution to facilitate a teach-out, as defined in section 10a-22m, provided the executive director and such institution previously discussed a teach-out that ensures that current students of such institution are able to complete their programs without significant impact.

(c) (1) Not later than January 1, 2022, each independent institution of higher education shall submit to the Office of Higher Education a closure plan, which shall include, but need not be limited to, (A) how such institution will respond to a natural disaster, pandemic, data security threat or other catastrophic event that impacts the operations of such institution, and (B) how such institution will manage student records, provide a continuity of education for enrolled students and administer student financial aid and refunds. An independent institution of higher education that is regionally accredited may comply with the requirements of this subsection by submitting to said office the same closure plan that the institution submitted to the regional accreditation agency. If an independent institution of higher education updates its closure plan, then such institution shall submit such updated closure plan not later than thirty days after the governing board of such institution approves such updated closure plan.

(2) On an after July 1, 2023, upon receiving a summary from the Office of Higher Education that an independent institution of higher education has been determined to be at risk of imminent closure as a result of a financial screening conducted pursuant to the provisions of section 10a-34h, the governing board of such institution shall update its closure plan to include plans for the following: (A) Providing notice of impending closure to relevant stakeholders of the institution, including, but not limited to, enrolled students, applicants for admission, recent graduates, faculty, staff and surrounding communities, (B) disseminating information regarding the rights and responsibilities of student borrowers, (C) managing the institution's finances, accreditation status and any compliance issues with federal or state financial aid programs, and (D) refunding student deposits and paying the cost of student record maintenance through means such as the provision of a bond with surety or a letter of credit in an amount sufficient to meet the costs of such refunds and costs.

(d) Any independent institution of higher education that plans to close permanently shall submit a written notice to the Office of Higher Education not later than thirty days after the governing board of such institution authorizes such closure. Such written notice shall include, but need not be limited to, (1) the planned date of termination of operations; (2) the planned date and location for the transfer of student records; (3) the name and address of the organization that will receive and maintain student records; (4) the name and contact information of the designated office or official who will manage transcript requests; (5) the arrangement for the continued education of enrolled students through the facilitation of a teach-out, as defined in section 10a-22m, or other means; (6) evidence of communication with the United States Department of Education regarding the management of student refunds, state or federal grants and scholarships and state loans; and (7) if such institution is regionally accredited, evidence of communication with the regional accreditation agency regarding such closure.

(P.A. 07-90, S. 6; P.A. 11-48, S. 250; P.A. 12-156, S. 56; P.A. 17-191, S. 1; P.A. 19-87, S. 5; P.A. 21-45, S. 8; P.A. 22-123, S. 6.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education, or the commissioner's designee,” with “Office of Financial and Academic Affairs for Higher Education” and replaced “commissioner” with “executive director”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 17-191 designated existing provisions re conducting review, inspection or investigation as Subsec. (a) and added Subsec. (b) re teach-out requirement, effective July 1, 2017; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019; P.A. 21-45 added Subsecs. (c) and (d) re filing of closure plans and written notice of plans to close permanently, effective July 1, 2021; P.A. 22-123 amended Subsec. (a) by changing “licensure or accreditation” to “authorization” and amended Subsec. (c) by designating existing provisions as new Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding new Subdiv. (2) re risk of imminent closure as a result of financial screening, effective July 1, 2022.

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Sec. 10a-34f. Regulations. The Office of Higher Education shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-34a to 10a-34e, inclusive.

(P.A. 07-90, S. 7; P.A. 11-48, S. 251; P.A. 12-156, S. 56.)

History: P.A. 07-90 effective July 1, 2007; P.A. 11-48 replaced “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-34g. Disclosure of claim limitation clause in enrollment contracts by for-profit institutions of higher education. (a) On and after January 1, 2020, any for-profit institution of higher education licensed to operate in the state that requires any student, as a condition of enrollment, to enter into an agreement that (1) limits participation in a class action against such institution, (2) limits any claim the student may have against such institution or the damages for such claim, or (3) requires the student to assert any claim against such institution in a forum that is less convenient, more costly or more dilatory for the resolution of a dispute than a judicial forum established in the state where the student may otherwise properly bring a claim, shall include in its application to the Office of Higher Education for authorization pursuant to section 10a-34, a statement (A) disclosing the number of claims made against the institution, including claims made against a parent organization or subsidiary of the institution, by a student currently or formerly enrolled at the institution, (B) a description of the nature of the rights asserted, and (C) the status of such claims. The institution shall submit additional details regarding such claims as the executive director of the Office of Higher Education may require.

(b) The executive director of the Office of Higher Education may deny the application for initial or renewed license or accreditation of a for-profit institution of higher education or consider a for-profit institution of higher education ineligible to receive any public funds, including, but not limited to, federal funds administered by the office pursuant to section 10a-45 if (1) such institution fails to include the statement required under subsection (a) of this section in its application, or (2) upon review of such statement, the executive director determines that the public policy of protecting the interests of students in the state requires such denial. Notwithstanding the provisions of subsection (i) of section 10a-34, the executive director may deny the accreditation of an institution of higher education, for the purposes of this subsection, by refusing to accept or withdrawing any previous acceptance of regional accreditation made under subsection (i) of said section.

(c) The executive director of the Office of Higher Education shall have the authority granted under sections 10a-34a, 10a-34b and 10a-34e to investigate and enforce the provisions of subsections (a) and (b) of this section.

(P.A. 19-87, S. 1; P.A. 22-123, S. 7.)

History: P.A. 19-87 effective July 1, 2019; P.A. 22-123 amended Subsec. (a) to change “initial or renewed institutional licensure or accreditation” to “authorization”, effective July 1, 2022.

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Sec. 10a-34h. (Note: This section is effective July 1, 2023.) Financial screening of independent institutions of higher education. (a) For the purposes of this section:

(1) “Accrediting agency” means an accrediting association recognized by the Secretary of the United States Department of Education,

(2) “At risk of imminent closure” means a determination made by the Office of Higher Education as a result of an annual financial screening that an independent institution of higher education is at risk of being unable to continue operations or substantially fulfill its obligations to enrolled and admitted students for the balance of the current and subsequent academic year, and

(3) “Financial screening” means a review and evaluation of financial information for the purpose of determining whether the financial status of an institution of higher education indicates that such institution may be at risk of imminent closure.

(b) The Office of Higher Education shall enter into a memorandum of understanding with one or more accrediting agencies to conduct an annual financial screening of each independent institution of higher education in the state. If an independent institution of higher education does not complete an annual financial screening with an accrediting agency, such financial screening shall be conducted by the office in the form and manner prescribed by the executive director of said office. The office may determine that an independent institution of higher education is at risk of imminent closure through (1) a financial screening conducted by the office, or (2) acceptance by the office of such determination made by an accrediting agency. Upon determining that an independent institution of higher education is at risk of imminent closure, the office shall submit a summary of the reasons for such determination to such institution.

(c) Upon receiving a summary from the Office of Higher Education that an independent institution of higher education has been determined to be at risk of imminent closure, such institution shall submit to the office, in the form and manner prescribed by the executive director of said office, (1) notice of any known financial liability or risk, (2) any information necessary to accurately determine and monitor the institution's financial status and risk of imminent closure, and (3) an updated closure plan approved by the governing board of such institution pursuant to subsection (c) of section 10a-34e.

(d) If any independent institution of higher education in the state fails to comply with the requirements of this section, the executive director of the Office of Higher Education may request the suspension of any state funding designated for such institution, establish a date to suspend or revoke such institution's degree-granting authority or impose such other penalties the executive director deems appropriate.

(e) No financial information or record submitted to the Office of Higher Education pursuant to this section shall be deemed a public record for the purposes of the Freedom of Information Act, as defined in section 1-200, and shall not be subject to disclosure under the provisions of section 1-210.

(P.A. 22-123, S. 4.)

History: P.A. 22-123 effective July 1, 2023.

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Sec. 10a-35. (Formerly Sec. 10-331). Grant of authority prior to July 1, 1935. Degree void, when. No person, school, board, association or corporation which, prior to July 1, 1935, was granted authority to confer any standard academic, professional or graduate degree and which did not, prior to July 1, 1935, exercise such authority shall confer any such degree until it is determined by the Office of Higher Education that its organization and equipment are such that it is fully competent to meet the degree standards set and maintained by similar institutions. Any degree granted in violation of the provisions of this section shall be null and void. Any person, school, board, association or corporation which violates any provision of this section shall be fined not more than one thousand dollars.

(1949 Rev. S. 1342; 1951, S. 881d; February, 1965, P.A. 330, S. 14; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 252; P.A. 12-156, S. 56; P.A. 13-118, S. 17.)

History: Sec. 10-7 transferred to Sec. 10-331 in 1969; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-331 transferred to Sec. 10a-35 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 11-48 replaced “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs for Higher Education and approved by the State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 13-118 eliminated requirement re approval by State Board of Education, effective July 1, 2013.

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Sec. 10a-35a. Authority over establishment of new academic programs. (a) Notwithstanding sections 10a-34 to 10a-35, inclusive, the Board of Regents for Higher Education shall have the authority, in accordance with the provisions of said sections and the standards set forth in any regulations promulgated thereunder, to (1) review and approve recommendations for the establishment of new academic programs for the universities within the Connecticut State University System, the regional community-technical colleges and Charter Oak State College, and (2) until June 30, 2024, report all new programs and program changes to the Office of Higher Education.

(b) Notwithstanding sections 10a-34 to 10a-35, inclusive, the Board of Trustees for The University of Connecticut shall (1) have the authority, in accordance with the provisions of said sections and the standards set forth in any regulations promulgated thereunder, to review and approve recommendations for the establishment of new academic programs at the university, and (2) until June 30, 2024, report all new programs and program changes to the Office of Higher Education.

(P.A. 11-48, S. 253; 11-61, S. 108; P.A. 13-118, S. 6; P.A. 14-91, S. 1; 14-117, S. 6; June Sp. Sess. P.A. 21-2, S. 267.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 added “in this state” re public institutions of higher education, effective July 1, 2011; P.A. 13-118 designated existing provisions as Subsec. (a) and amended same to replace reference to public institutions of higher education with “the state colleges within the Connecticut State University System, the regional community-technical colleges and the Board for State Academic Awards” and make technical changes and added Subsec. (b) re authority of the Board of Trustees for The University of Connecticut to review and approve new academic programs and report new programs and program changes, effective July 1, 2013; P.A. 14-91 amended Subsec. (a) to delete former Subdivs. (1) to (3) re authority over academic degrees, add provision re standards set forth in regulations and add new Subdivs. (1) and (2) re authority over establishment of new academic programs, and amended Subsec. (b)(1) to add provision re review and approval in accordance with cited sections and standards set forth in regulations and add “at the university”, effective July 1, 2014; P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014 (Revisor's note: In Subsec. (a), a reference to “the Board for State Academic Awards” added by P.A. 14-91 was changed editorially by the Revisors to “Charter Oak State College” to conform with changes made by P.A. 14-117); June Sp. Sess. P.A. 21-2 amended Subsecs. (a)(2) and (b)(2) by adding “until June 30, 2024,”, effective July 1, 2021.

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Sec. 10a-35b. Credential database. (a) As used in this section:

(1) “Credential” means a documented award issued by an authorized body, including, but not limited to, a (A) degree or certificate awarded by an institution of higher education, private career school or provider of an alternate route to certification program approved by the State Board of Education for teachers, (B) certification awarded through an examination process designed to demonstrate acquisition of designated knowledge, skill and ability to perform a specific job, (C) license issued by a governmental agency which permits an individual to practice a specific occupation upon verification that such individual meets a predetermined list of qualifications, and (D) documented completion of an apprenticeship or job training program; and

(2) “Credential status type” means the official status of a credential which is either active, deprecated, probationary or superseded.

(b) Not later than January 1, 2023, the executive director of the Office of Higher Education, in consultation with the advisory council established pursuant to subsection (c) of this section, shall create a database of credentials offered in the state for the purpose of explaining the skills and competencies earned through a credential in uniform terms and plain language. In creating the database, the executive director shall utilize the minimum data policy of the New England Board of Higher Education's High Value Credentials for New England initiative, the uniform terms and descriptions of Credentials Engine's Credential Transparency Description Language and the uniform standards for comparing and linking credentials in Credential Engine's Credential Transparency Description Language-Achievement Standards Network. At a minimum, the database shall include the following information for each credential: (1) Credential status type, (2) the entity that owns or offers the credential, (3) the type of credential being offered, (4) a short description of the credential, (5) the name of the credential, (6) the Internet web site that provides information relating to the credential, (7) the language in which the credential is offered, (8) the estimated duration for completion, (9) the industry related to the credential which may include its code under the North American Industry Classification System, (10) the occupation related to the credential which may include its code under the standard occupational classification system of the Bureau of Labor Statistics of the United States Department of Labor or under The Occupational Information Network, (11) the estimated cost for earning the credential, and (12) a listing of online or physical locations where the credential is offered.

(c) There is established an advisory council for the purpose of advising the executive director of the Office of Higher Education on the implementation of the database created pursuant to subsection (b) of this section. The advisory council shall consist of (1) representatives from the Office of Workforce Strategy, Office of Higher Education, Office of Policy and Management, Labor Department, Department of Education, Connecticut State Colleges and Universities, The University of Connecticut and independent institutions of higher education, and (2) the Chief Data Officer, or such officer's designee. The Chief Workforce Officer, the Chief Data Officer and the executive director of the Office of Higher Education, or their designees, shall be cochairpersons of the advisory council and shall schedule the meetings of the advisory council.

(d) Not later than July 1, 2024, and annually thereafter, each regional workforce development board, community action agency, as defined in section 17b-885, institution of higher education, private career school, provider of an alternate route to certification program approved by the State Board of Education, and provider of a training program listed on the Labor Department's Eligible Training Provider List shall submit information, in the form and manner prescribed by the executive director of the Office of Higher Education, about any credential offered by such institution, school or provider for inclusion in the database created pursuant to subsection (b) of this section. Such information shall include, but need not be limited to, the data described in subdivisions (1) to (12), inclusive, of subsection (b) of this section, except an institution of higher education may omit the data required pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section if such data is not applicable to a credential offered by such institution.

(e) Nothing in this section shall be construed to require any state agency or department to submit credential information to the database created pursuant to subsection (b) of this section.

(f) The Labor Department may, in consultation with the advisory council established pursuant to subsection (c) of this section, require any program sponsor of a preapprenticeship or apprenticeship program registered with the department to submit information about such program to the Office of Higher Education for inclusion in such database.

(June Sp. Sess. P.A. 21-2, S. 264; P.A. 22-123, S. 31.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021; this section was originally published as Sec. 10a-34h in the 2022 Supplement to the General Statutes; P.A. 22-123 changed “private occupational school” to “private career school” throughout, effective July 1, 2022.

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Sec. 10a-35c. Credentials of value. Report re in-demand credentials. (a) The Office of Workforce Strategy, established pursuant to section 4-124w, shall, in consultation with the Chief Data Officer, the Board of Trustees of The University of Connecticut, the Board of Regents for Higher Education, the Labor Commissioner, the Commissioner of Education, the executive director of the Office of Higher Education or any other stakeholder as identified by the Chief Workforce Officer, establish standards for designating certain credentials, as defined in section 10a-34h, as credentials of value. Such standards may include, but need not be limited to, meeting the workforce needs of employers in the state, completion rates, net cost, whether the credential transfers to or stacks onto another credential of value, average time to completion, types of employment opportunities available upon completion and earnings upon completion. The Office of Workforce Strategy shall not require the submission of an application or any other information from a provider of a credential for such credential to be designated a credential of value.

(b) Not later than September 1, 2022, and every two years thereafter until September 1, 2028, the Chief Workforce Officer shall submit to the Board of Regents for Higher Education, the Governor and, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to commerce and higher education and employment advancement a report on (1) credentials, as defined in section 10a-34h, and skills that are in demand in the labor market and that lead to quality jobs, and (2) models and examples of associate degree programs that result in students earning an industry-recognized credential within twelve months from enrollment and is a pathway to one or more bachelor's degree programs.

(June Sp. Sess. P.A. 21-2, S. 206, 207.)

History: June Sp. Sess. P.A. 21-2, S. 206 and 207 codified by the Revisors as Subsecs. (a) and (b), effective July 1, 2021; this section was originally published as Sec. 10a-34i in the 2022 Supplement to the General Statutes.

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PART IV

INDEPENDENT COLLEGES

(1969, P.A. 627, S. 1, 2, 5, 6; 1972, S.A. 53, S. 16–22; P.A. 73-551, S. 1–4; P.A. 75-574, S. 1; P.A. 76-410, S. 1, 4; P.A. 77-573, S. 24, 30; P.A. 80-326; P.A. 82-218, S. 37, 46; 82-314, S. 58, 63; P.A. 83-197, S. 1–9; P.A. 84-241, S. 2, 5; 84-365, S. 8, 12; P.A. 85-477, S. 1–4; P.A. 87-450, S. 3–6, 17; P.A. 88-252, S. 4, 6; P.A. 90-147, S. 1, 2, 20; P.A. 91-208, S. 2, 11; 91-256, S. 49, 50, 69; P.A. 92-126, S. 11, 48; P.A. 94-180, S. 1–3, 17; P.A. 01-89, S. 1, 2; P.A. 05-245, S. 52; Nov. 24 Sp. Sess. P.A. 08-1, S. 6; P.A. 11-6, S. 65; 11-48, S. 260–264, 285; P.A. 12-156, S. 38, 56; June 12 Sp. Sess. P.A. 12-2, S. 56; P.A. 13-3, S. 97; 13-247, S. 389.)

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(P.A. 83-288, S. 1–5; P.A. 84-241, S. 2, 5; P.A. 87-450, S. 16, 17; P.A. 90-147, S. 18, 20.)

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Sec. 10a-42g. Amount for need-based undergraduate student financial aid. Section 10a-42g is repealed, effective July 1, 2013.

(P.A. 87-450, S. 2, 17; P.A. 94-180, S. 4, 17; P.A. 11-48, S. 265; P.A. 12-156, S. 56; P.A. 13-247, S. 389.)

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Sec. 10a-42h. Confidential student data or records provided to local or regional board of education or state department or agency by independent institution of higher education. When any independent institution of higher education provides, upon request, student data or records containing information that is confidential under federal or state law to a local or regional board of education or any department or agency of the state, including, but not limited to, the Board of Regents for Higher Education, The University of Connecticut, the Office of Higher Education and the Labor Department, in accordance with such federal or state law and pursuant to the terms of a written agreement with such board, department or agency, such independent institution of higher education shall not be held liable for any breach of confidentiality, use, retention, or destruction of such student data or records that results from the actions or omissions of such board, department, or agency or of any person providing access to such student data or records obtained by such board, department or agency. For purposes of this section, confidential student data or records includes, but is not limited to, personally identifiable information, as defined in the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as from time to time amended, at 34 CFR 99.3.

(P.A. 13-118, S. 23.)

History: P.A. 13-118 effective July 1, 2013.

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PART V

MISCELLANEOUS

Sec. 10a-43. (Formerly Sec. 10-332). Postsecondary education certificate. Section 10a-43 is repealed, effective July 1, 2013.

(February, 1965, P.A. 330, S. 12; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 13-240, S. 12.)

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Sec. 10a-44. (Formerly Sec. 10-334). Granting of funds to United Student Aid Funds, Inc. Section 10a-44 is repealed.

(February, 1965, P.A. 361, S. 15; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 39, 46; P.A. 83-587, S. 19, 96; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 36, 37.)

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Sec. 10a-44a. Availability of price and revision information re college textbooks. Each publisher of college textbooks shall make available to a prospective purchaser of the publisher's products who is a member of the faculty of an institution of higher education (1) the price at which the publisher would make the products available to the store on the campus of such institution that would offer such products to students, and (2) the history of revisions for such products, if any. For purposes of this section, “products” means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a prospective purchaser is teaching a course, including supplemental items, both when sold together with, or separately from, a textbook.

(P.A. 06-103, S. 1; P.A. 07-166, S. 6; P.A. 08-116, S. 3.)

History: P.A. 06-103 effective July 1, 2006; P.A. 07-166 made a technical change, effective June 19, 2007; P.A. 08-116 made a technical change, effective May 27, 2008.

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Sec. 10a-44b. Credit card marketing to students enrolled at a public institution of higher education. Board of Regents to adopt policies. (a) For purposes of this section, “marketing” means any activity attended and facilitated by an agent or employee of a credit card issuer when such activity is designed to offer a credit card to students enrolled at a public institution of higher education in this state, but does not include (1) activities that are open to the general public or accessible by populations that include the general public, such as advertisements in posters, newspapers, magazines, television, radio or Internet or other similar activities; or (2) activities or merchandising conducted within the physical boundaries of a financial services business located on or within a campus of a public institution of higher education.

(b) On or before January 1, 2010, the Board of Regents for Higher Education shall adopt policies regulating the marketing practices of credit card issuers on the campuses of public institutions of higher education. Such policies shall (1) require credit card issuers to register with the public institution of higher education before conducting any marketing activities on the campus of the institution; (2) require such registered issuers, at least once each year in which the issuers are engaged in marketing credit cards on the campus of the institution, to appear in person at a location that is open to all students of the institution for the purpose of providing educational information and answering questions, and require the institution to advertise such appearance; (3) prohibit credit card issuers from marketing to undergraduate students during the orientation and class registration periods; (4) require credit card issuers that engage in marketing practices at public institutions of higher education to distribute credit card management education materials along with any marketing materials; (5) prohibit public institutions of higher education from disclosing identifying information of undergraduate students at such institutions to credit card issuers unless such institutions have provided such students with notice of and the opportunity to opt out of such disclosure in accordance with the regulations adopted by the United States Department of Education pursuant to the Family Educational Records and Privacy Act, 20 USC 1232g, as amended from time to time; (6) prohibit employees of such public institutions of higher education from marketing credit cards to students; (7) restrict the time and place in which credit card marketing may occur; and (8) prohibit the use of gifts and incentives in such marketing at intercollegiate athletic events.

(P.A. 09-167, S. 1; P.A. 11-48, S. 285.)

History: P.A. 09-167 effective July 1, 2009; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (b), effective July 1, 2011.

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Sec. 10a-44c. Guidelines for programs to reduce cost of textbooks and educational resources. The Office of Higher Education and the constituent units of the state system of higher education, as defined in section 10a-1, may each establish guidelines that encourage institutions of higher education in this state to implement programs that reduce the cost of textbooks and other educational resources for students.

(P.A. 17-130, S. 1.)

History: P.A. 17-130 effective January 1, 2018.

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Sec. 10a-44d. Connecticut Open Educational Resource Coordinating Council. Members. Duties. Reports. (a) For the purposes of this section:

(1) “Open educational resource” means a college level resource made available on an Internet web site to be used by students, faculty and members of the public on an unlimited basis at a cost lower than the market value of the printed textbook or other educational resource, including full courses, course materials, modules, textbooks, streaming videos, tests, software and other similar teaching, learning and research resources that reside in the public domain or have been released under a creative commons attribution license that permits the free use and repurposing of such resources;

(2) “Creative commons attribution license” means a copyright crediting the author of a digital work product that allows for the free use and distribution of such work product; and

(3) “High-impact course” means a course of instruction for which open educational resources would make a significant positive financial impact on the students taking the course due to the number of students taking the course or the market value of the printed textbook or other educational resources required for such course.

(b) There is established the Connecticut Open Educational Resource Coordinating Council, which shall be part of the Executive Department. The executive director of the Office of Higher Education shall appoint the members of the council which shall consist of the following: (1) A state-wide coordinator, who shall collaborate with all institutions of higher education to promote open educational resources and administer grants; (2) one faculty member, one administrator and one staff member from The University of Connecticut; (3) one faculty member, one administrator and one staff member from the regional community-technical college system; (4) one faculty member, one administrator and one staff member from Charter Oak State College; (5) one faculty member, one administrator and one staff member from the Connecticut State University System; (6) one faculty member, one administrator and one staff member from the independent institutions of higher education; and (7) one student from any public or independent institution of higher education in the state. All initial appointments to the council shall be made not later than September 1, 2019, and shall expire on August 30, 2022, regardless of when the initial appointment was made. Any member of the council may serve more than one term.

(c) The state-wide coordinator appointed by the executive director of the Office of Higher Education shall serve as the chairperson of the council. The chairperson shall schedule the first meeting of the council, which shall be held not later than October 1, 2019. The administrative staff of the Office of Higher Education shall serve as administrative staff of the council.

(d) Appointed members of the council shall serve for three-year terms which shall commence on the date of appointment, except as provided in subsection (b) of this section. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled by the executive director of the Office of Higher Education. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term. A majority of the council shall constitute a quorum for the transaction of any business. The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.

(e) The council shall perform the following functions:

(1) Identify high-impact courses for which open educational resources will be developed, converted or adopted;

(2) Establish a program of competitive grants for faculty members of institutions of higher education in the state for the development, conversion or adoption of open educational resources for high-impact courses with any funds identified by the council and within available appropriations;

(3) Accept, review and approve competitive grant applications, provided any faculty member who is approved for a competitive grant shall license such open educational resources through a creative commons attribution license;

(4) Administer a standardized review and approval process for the development, conversion or adoption of open educational resources; and

(5) Promote strategies for the production, use and access of open educational resources.

(f) The council shall meet quarterly, or as often as deemed necessary by a majority of the council.

(g) Not later than February 1, 2022, and annually thereafter, the council shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education regarding (1) the number and percentage of high-impact courses for which open educational resources have been developed, (2) the degree to which institutions of higher education promote the use and access to open educational resources, (3) the amount of grants awarded by the council and the number of open educational resources developed by grant recipients, and (4) its recommendations for any amendments to the general statutes necessary to develop open educational resources.

(P.A. 19-117, S. 147; P.A. 21-132, S. 13.)

History: P.A. 19-117 effective July 1, 2019; P.A. 21-132 amended Subsec. (g) by changing “January 1, 2021” to “February 1, 2022” effective July 1, 2021.

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Sec. 10a-45. (Formerly Sec. 10-334b). Receipt and expenditure of federal funds. The Board of Regents for Higher Education and the Office of Higher Education may serve as the agency of the state with respect to any federal program under any Act of Congress or administrative ruling pursuant thereto pertaining to higher education, and, in such capacity, may apply for, accept and expend funds allocated or payable to the state for state, local and other expenditures, may establish and administer or supervise the administration of any state-wide plan which is now or may hereafter be required as a condition for receipt of federal funds and may take such other action as may be reasonable and necessary to fulfill the purposes of the federal requirements.

(1967, P.A. 585, S. 2; P.A. 73-281, S. 1, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 39.)

History: P.A. 73-281 specified “commission” as commission for higher education; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-334b transferred to Sec. 10a-45 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 added “and the Office of Higher Education”, effective June 15, 2012.

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Sec. 10a-46. (Formerly Sec. 10-334c). Governor may assign certain programs to other agencies. Notwithstanding the power granted to said Board of Regents for Higher Education or Office of Higher Education by section 10a-45, the Governor may, if in his judgment it is more appropriate for a particular federal program or programs pertaining to higher education to be administered by an agency other than said board or office, designate any commissioner, officer or agency of the state, or any group or committee of commissioners or officers of the state, to serve as the sole agency of the state in performing the functions enumerated in the preceding section, and any such agency so designated by the Governor may perform said functions.

(1967, P.A. 585, S. 3; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 12-156, S. 60.)

History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-334c transferred to Sec. 10a-46 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 added references to Office of Higher Education, effective June 15, 2012.

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Sec. 10a-47. (Formerly Sec. 10-334d). Excepted federal programs. Sections 10a-45 to 10a-48, inclusive, shall not be interpreted to apply to any federal program under which funds are payable by grant, contract or otherwise to any specific institution of higher education and where the federal legislation, or administrative ruling pursuant thereto, authorizing or appropriating funds for such program does not require administrative action by the state as a condition to the determination to pay or the payment of such funds.

(1967, P.A. 585, S. 4; P.A. 73-281, S. 2, 7; P.A. 85-613, S. 97, 154; P.A. 13-240, S. 8.)

History: P.A. 73-281 extended applicability to include Secs. 10-324 and 10-324f and deleted reference to repealed Sec. 10-334a; Sec. 10-334d transferred to Sec. 10a-47 in 1983 pursuant to reorganization of higher education system; P.A. 85-613 made technical change, deleting reference to Sec. 10-324(c); P.A. 13-240 removed reference to Secs. 10a-48a, 10-48b and 10a-49, effective July 1, 2013.

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Sec. 10a-48. (Formerly Sec. 10-334e). Community service programs. Connecticut Campus Compact for Student Community Service. (a) The Office of Higher Education shall, in addition to its other powers and duties and in consultation with the Connecticut Campus Compact for Student Community Service established pursuant to subsection (c) of this section, provide for a comprehensive, coordinated and state-wide system of college and university community service programs designed to assist in the identification and solution of community problems in urban, suburban and rural areas, and, as a part thereof, shall (1) identify problems, matters or areas relevant to the interests and welfare of the citizens of the state which it deems should be made the subject of community service programs, (2) support community service programs regarding such problems, matters or areas through any public or private institution of higher education in the state, through any combination of such institutions, and through any joint, collective, regional, representative or other organization established by such institutions or by professional staff members designated by such institutions, (3) provide an information service about community service programs in institutions of higher education in the state, (4) publish such documents as will, in its judgment, further its activities, and (5) in consultation with institutions of higher education in the state, develop a plan to improve the integration of student community service programs with academic course offerings and submit the plan to the joint standing committee of the General Assembly having cognizance of matters relating to education not later than June 30, 1991.

(b) The office may expend its appropriations and receipts received for the purpose of initiating and supporting community service programs by means of contracts, grants or other arrangements which it deems effective and appropriate, provided nothing in this section or section 10a-48a shall prevent the Office of Higher Education from accepting volunteer services or receiving and expending federal or private funds for purposes of this section and section 10a-48a.

(c) There is established a Connecticut Campus Compact for Student Community Service to review opportunities and initiatives for, and develop plans to encourage and support, student community service programs at institutions of higher education in the state or which involve cooperation and coordination among such institutions. The compact shall be composed of the chief executive officer or president of each public and independent institution of higher education in the state and the executive director of the Office of Higher Education, or their designees. On or before October 1, 1989, and at least annually thereafter, the executive director of the Office of Higher Education shall convene the members of the compact.

(1967, P.A. 585, S. 6, 7; P.A. 73-281, S. 3, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 89-40, S. 1, 2; P.A. 90-339, S. 1, 6; P.A. 91-208, S. 3, 11; P.A. 96-88, S. 4, 9; P.A. 11-48, S. 285; P.A. 12-156, S. 40.)

History: P.A. 73-281 substituted commission for higher education for Connecticut commission on aid to higher education in Subsec. (a) and substituted “received for the purpose of initiating and supporting” for “to initiate and support”; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-334e transferred to Sec. 10a-48 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 89-40 added new Subsec. (c) establishing a campus compact for student community service and provided in Subsec. (a) that the board of governors of higher education consult with the compact in providing a state-wide system of community service programs; P.A. 90-339 added Subsec. (a)(5) re plan to improve integration of student community service programs with academic course offerings; P.A. 91-208 in Subsec. (b) added provision for acceptance of volunteer services and for receiving and expending federal and private funds; P.A. 96-88 deleted provision in Subsec. (a)(4) that publication of documents by board shall not be subject to provisions of repealed Sec. 4a-68, effective July 1, 1996; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education”, and “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 12-156 replaced references to Board of Regents for Higher Education with references to Office of Higher Education and replaced references to president of Board of Regents for Higher Education with references to executive director of Office of Higher Education, effective June 15, 2012.

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Sec. 10a-48a. Student community service fellowship program. There is established within the Office of Higher Education a student community service fellowship program to develop community service leadership and activities for students at institutions of higher education in the state. For each fiscal year in which funds are appropriated the program shall provide a fellowship or fellowships. Fellowships shall be awarded for one academic year, except that fellowships to undergraduate students shall be awarded on a semester basis. Fellowship recipients shall work throughout the state to develop and coordinate programs in which students provide community service, train students who are providing or are interested in providing community service, be responsible for publicizing opportunities for students to provide community service, work with faculty and administrators at institutions of higher education in the state to promote student community service and assist in the implementation of the provisions of section 10a-48. To be eligible for a fellowship pursuant to this subsection, an applicant's residence shall be as defined in section 10a-28.

(P.A. 88-252, S. 1, 6; P.A. 90-339, S. 2, 6; P.A. 91-208, S. 4, 11; P.A. 11-48, S. 254; P.A. 12-156, S. 56; P.A. 13-247, S. 177.)

History: P.A. 90-339 deleted Subsec. (b) and (c) designations and added new Subsec. (b) re coordinator for student community service; P.A. 91-208 in Subsec. (a) removed provision limiting fellowships to “two” language specifying that one fellowship be for an undergraduate or recent graduate of an institution of higher education in the state and one fellowship be for a faculty member or administrator of such an institution; P.A. 11-48 amended Subsec. (a) to replace “Department of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsec. (a), effective June 15, 2012; P.A. 13-247 deleted former Subsec. (b) re coordinator for student community service and deleted Subsec. (a) designator, effective July 1, 2013.

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Sec. 10a-48b. Grants for participation in the federal National and Community Service Trust Program. The Office of Higher Education may, within the limits of available appropriations, provide grants on a competitive basis to public and nonprofit service entities seeking to participate in the federal National and Community Service Trust Program pursuant to 42 USC 12501 et seq., in order to assist such service entities in meeting federal matching fund requirements for service placements, provided no grant shall exceed one-half of the federally unreimbursed cost to the service entity for providing such placements. Applications for grants pursuant to this section shall be made at such time and in such manner as the executive director of the Office of Higher Education prescribes.

(P.A. 94-107, S. 1, 2; P.A. 11-48, S. 285; P.A. 12-156, S. 41.)

History: P.A. 94-107 effective July 1, 1994; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Commissioner of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education” and “president of the Board of Regents for Higher Education”, respectively, effective July 1, 2011; P.A. 12-156 replaced reference to Board of Regents for Higher Education with reference to Office of Higher Education and replaced reference to president of Board of Regents for Higher Education with reference to executive director of Office of Higher Education, effective June 15, 2012.

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Sec. 10a-49. (Formerly Sec. 10-334f). Advisory committee on federal matters. Section 10a-49 is repealed, effective July 1, 2013.

(P.A. 73-281, S. 5, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 11-48, S. 285; P.A. 13-240, S. 12.)

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Sec. 10a-50. (Formerly Sec. 10-334g). Absence of students due to religious beliefs. No person shall be expelled from or refused admission as a student to an institution of higher education for the reason that he is unable, because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day, to attend classes or to participate in any examination, study or work requirements on such particular day or days or at such time of day. Any student in an institution of higher education who is unable, because of such reason, to attend classes on a particular day or days or at a particular time of day shall be excused from any examination or any study or work assignments on such particular day or days or at such particular time of day. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school because of such reason an equivalent opportunity to make up any examination, study or work requirements which he has missed because of such absence on any particular day or days or at any particular time of day. No special fees of any kind shall be charged to the student for making available to such student such equivalent opportunity. No adverse or prejudicial effects shall result to any student because of his availing himself of the provisions of this section. For the purposes of this section, “institution of higher education” means any of the schools comprising the state system of higher education, as defined in section 10a-1.

(P.A. 75-367, S. 1; P.A. 14-122, S. 85.)

History: Sec. 10-334g transferred to Sec. 10a-50 in 1983 pursuant to reorganization of higher education system; P.A. 14-122 made a technical change.

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Sec. 10a-51. (Formerly Sec. 10-334h). Child care centers. (a) The board of trustees of any constituent unit of the state system of higher education may allocate funds from its General Fund appropriation for any expenses incurred in connection with the operation of a child care center utilized in the instructional program of such constituent unit.

(b) The board of trustees of any such constituent unit may authorize the charging of a fee or schedule of fees to any person using any child care center operated by such constituent unit.

(P.A. 75-444; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 37, 48; P.A. 11-48, S. 285; P.A. 13-240, S. 4.)

History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-334h transferred to Sec. 10a-51 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 92-126 removed a reference in Subsec. (b) to repealed Sec. 10a-83; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (b), effective July 1, 2011; P.A. 13-240 amended Subsec. (b) to delete provisions re approval by Board of Regents for Higher Education and deposit of fees in auxiliary services fund, effective July 1, 2013.

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Sec. 10a-52. (Formerly Sec. 10-328c). Use of the term “Commission for Higher Education”. Section 10a-52 is repealed, effective July 1, 1993.

(P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-105, S. 2; P.A. 84-241, S. 3, 5; P.A. 85-613, S. 24, 154; P.A. 93-353, S. 51, 52.)

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Sec. 10a-53. (Formerly Sec. 10-328d). Transfer of functions. Section 10a-53 is repealed, effective June 15, 2012.

(P.A. 77-573, S. 25, 30; P.A. 82-218, S. 37, 46; P.A. 85-613, S. 119, 154; P.A. 12-156, S. 63.)

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Sec. 10a-54. Learning disabilities program. The Board of Regents for Higher Education shall establish, within available appropriations, a program at appropriate institutions within the state system of higher education, as determined by the Board of Regents for Higher Education to increase accessibility and provide support services for students with disabilities, including identifiable learning disabilities, as defined in subdivision (13) of section 10-76a, who attend or plan to attend such institutions. The board shall encourage and within available funds provide grants to support the coordination of efforts to improve accessibility, programs and services for students with disabilities throughout public higher education and between public and independent institutions of higher education in the state.

(P.A. 86-297, S. 1, 2; P.A. 92-126, S. 44, 48; P.A. 96-146, S. 11, 12; P.A. 98-168, S. 9, 26; P.A. 11-48, S. 285.)

History: P.A. 92-126 added language concerning accessibility for disabled students and removed a list of requirements for the program; P.A. 96-146 made a technical change, effective July 1, 1996; P.A. 98-168 made a technical change, effective July 1, 1998; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011.

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Sec. 10a-55. Campus crime and security: Definitions. For purposes of this section and sections 10a-55a to 10a-55c, inclusive, and section 5 of public act 90-259*:

(1) “Institution of higher education” means a constituent unit of the state system of higher education, as defined in section 10a-1, or an independent institution of higher education, as defined in subsection (a) of section 10a-173.

(2) “Housing” means all residence halls and sorority and fraternity residences owned or under the control of an institution of higher education.

(3) “Employee” means a person who is employed by an institution of higher education and is not a student at such institution.

(P.A. 90-259, S. 1, 6; P.A. 14-65, S. 8.)

*Note: Section 5 of public act 90-259 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 14-65 redefined “institution of higher education” in Subdiv. (1), effective July 1, 2014.

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Sec. 10a-55a. Uniform campus crime and safety incident reports. Emergency response plans. (a) Each institution of higher education shall annually prepare a uniform campus crime and safety incident report concerning crimes committed and accidents occurring in the immediately preceding calendar year within the geographical limits of the property owned or under the control of such institution. The portions of such report concerning criminal offenses shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or sections 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h. The state police, local police departments and special police forces established pursuant to section 10a-156b shall cooperate with institutions of higher education in preparing such reports. Institutions with more than one campus shall prepare such reports for each campus.

(b) Each annual report prepared pursuant to subsection (a) of this section shall include (1) the number of full-time equivalent students, (2) the number of full-time equivalent employees, (3) the number of students and employees residing in campus housing, (4) for any accident that occurred during the immediately preceding calendar year within the geographical limits of the property owned or under the control of an institution of higher education, including, but not limited to, campuses or dormitories in another country owned or under the control of an institution of higher education for the purposes of an international studies or international exchange program, (A) the number of such accidents that resulted in serious physical injury, as defined in section 53a-3, and (B) the number of such accidents that resulted in death, and (5) for each category of criminal offense, the number of incidents reported and the crime rate. The crime rate shall be equal to the number of incidents reported divided by the total number of full-time equivalent students and employees.

(c) On or before October 1, 2007, each institution of higher education and private career school, as defined in section 10a-22a, shall have an emergency response plan. On or before October 1, 2007, and annually thereafter, each institution of higher education and private career school shall submit a copy of its emergency response plan to (1) the Commissioner of Emergency Services and Public Protection, and (2) local first responders. Such plan shall be developed in consultation with such first responders and shall include a strategy for notifying students and employees of the institution or school and visitors to such institution or school of emergency information.

(d) Each institution of higher education shall notify, in writing, each person who submits an application for admission to the institution, each new employee at the time of employment and all students and employees annually at the beginning of each academic year of the availability of the report prepared pursuant to subsection (a) of this section and shall, upon request, provide the most recent report to any such applicant, employee or student.

(P.A. 90-259, S. 2; P.A. 92-83, S. 1; P.A. 07-208, S. 3; P.A. 11-48, S. 285; 11-51, S. 154; P.A. 14-11, S. 1; P.A. 16-15, S. 27; P.A. 19-189, S. 1; P.A. 21-184, S. 1; P.A. 22-123, S. 32.)

History: P.A. 92-83 added sexual assault offenses to those required to be reported; P.A. 07-208 added new Subsec. (c) re emergency response plans and redesignated existing Subsec. (c) as Subsec. (d), effective July 1, 2007; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education” in Subsec. (a), effective July 1, 2011; P.A. 11-51 amended Subsec. (c)(1) by replacing “Commissioners of Public Safety and Emergency Management and Homeland Security” with “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 14-11 amended Subsec. (a) by changing the annual reporting deadline from September 1 to October 1 and adding stalking and family violence to the list of reportable crimes, effective July 1, 2014; P.A. 16-15 amended Subsec. (a) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 19-189 amended Subsec. (a) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019” and made a technical change; P.A. 21-184 amended Subsec. (a) by deleting “On or before October 1, 1991, and annually thereafter, each” and “in such manner as the president of the Connecticut State Colleges and Universities shall prescribe”, adding reference to safety incident and criminal offenses re report and requiring report to include accidents, and amended Subsec. (b) by adding new Subdiv. (4) re reporting of accidents that result in serious physical injury and death and redesignating existing Subdiv. (4) as Subdiv. (5), and made technical and conforming changes, effective July 1, 2021; P.A. 22-123 amended Subsec. (c) by changing “private occupational school” to “private career school”, effective July 1, 2022.

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Sec. 10a-55b. Administrators not to interfere with filing of complaints concerning certain crimes. No administrator of an institution of higher education shall interfere with the right of a student or employee of such institution to file a complaint with the state police, local police department or special police force established pursuant to section 10a-156b concerning crimes committed within the geographical limits of the property owned or under the control of such institution.

(P.A. 90-259, S. 3, 6.)

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Sec. 10a-55c. Information concerning security policies and procedures. (a) Each institution of higher education shall maintain information concerning current security policies and procedures which shall include, but need not be limited to, the following:

(1) The identification of the administrative office responsible for security on the campus;

(2) A description of authority of any special police force established pursuant to section 10a-156b, or security personnel, including their relationship with state and local police authorities;

(3) Procedures for students, employees and other persons to report crimes, incidents of sexual harassment, or emergencies occurring on campus and policies concerning the institution's response to such reports, including procedures for informing victims of the outcome of any campus investigation or disciplinary proceeding resulting from the victim's complaint;

(4) A statement of policy regarding the possession, use and sale of alcoholic beverages and controlled substances, as defined in subdivision (9) of section 21a-240;

(5) A statement of policy regarding the possession and use of weapons on campus;

(6) A statement of policy regarding sexual harassment; and

(7) For each institution of higher education which maintains housing, policies concerning the identification and admission of visitors, other than campus employees and students, to such housing and the type and frequency of programs designed to inform residents of such housing concerning housing security and enforcement procedures.

(b) Each institution of higher education shall notify, in writing, each person who submits an application for admission to such institution and each new employee at the time of employment of the availability of the information described in subsection (a) of this section and upon request shall provide such information to any such applicant or new employee. Annually at the beginning of each academic year, each institution shall provide such information to all students and employees. Institutions with more than one campus shall provide such information for each campus.

(c) For purposes of this section “sexual harassment” means with respect to an individual enrolled at an institution of higher education, any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature by an agent or employee of an institution of higher education when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic success, (2) submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's academic performance or creating an intimidating or hostile educational environment.

(P.A. 90-259, S. 4, 6; P.A. 92-83, S. 2, 3.)

History: P.A. 92-83 amended Subsec. (a) to add sexual harassment in Subdiv. (3) and to require procedures for informing victims of the outcome of investigations or disciplinary proceedings, and to insert new Subdiv. (6) requiring policy re sexual harassment, renumbering former Subdiv. (6) accordingly, and added Subsec. (c) defining “sexual harassment”.

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Sec. 10a-55d. Definitions. For purposes of sections 10a-55e to 10a-55h, inclusive, and 10a-80c:

(2) “Green jobs” means jobs in which green technology is employed and may include the occupation codes identified as green jobs by the United States Bureau of Labor Statistics and any codes identified as green jobs by the Labor Department and the Department of Economic and Community Development.

(P.A. 10-156, S. 7; June Sp. Sess. P.A. 21-2, S. 235.)

History: June Sp. Sess. P.A. 21-2 deleted reference to Sec. 31-3oo, effective July 1, 2021.

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Sec. 10a-55e. Sharing of equipment for students in green jobs program or course of study re green jobs. Each technical education and career school and public institution of higher education shall develop, in such manner as the Commissioner of Education and president of the Connecticut State Colleges and Universities prescribe, agreements to share equipment required for students participating in green jobs certificate or degree programs or enrolled in a course of study concerning green jobs, including, but not limited to, solar photovoltaic installation.

(P.A. 10-156, S. 3; P.A. 12-116, S. 87; 12-156, S. 42; P.A. 16-15, S. 28; P.A. 17-237, S. 88.)

History: Pursuant to P.A. 12-116, “regional vocational-technical school” was changed editorially by the Revisors to “technical high school”, effective July 1, 2012; P.A. 12-156 replaced reference to Commissioner of Higher Education with reference to president of Board of Regents for Higher Education, effective June 15, 2012; P.A. 16-15 replaced “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 17-237 replaced “technical high school” with “technical education and career school”, effective July 1, 2017.

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Sec. 10a-55f. Development of career ladders and lattices in green technology industry. Public institutions of higher education, in consultation with the regional workforce development boards, shall support any efforts to develop career ladders and lattices in the green technology industry, particularly for those workers who gained entry into such fields as a result of funds made available pursuant to the American Recovery and Reinvestment Act of 2009.

(P.A. 10-156, S. 4; P.A. 21-40, S. 11.)

History: P.A. 21-40 made a technical change.

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Sec. 10a-55g. Publication of career ladder in green technology industry. Not later than July 1, 2020, the Office of Higher Education and the Labor Department shall each publish on their respective Internet web sites the career ladder for jobs in the green technology industry established and updated by the Office of Workforce Strategy in accordance with section 31-3rr and an inventory of green jobs related equipment used by technical education and career schools and institutions of higher education.

(P.A. 10-156, S. 5; P.A. 11-48, S. 285; P.A. 12-116, S. 87; P.A. 17-63, S. 5; 17-237, S. 89; P.A. 19-35, S. 20; June Sp. Sess. P.A. 21-2, S. 236.)

History: Pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-116, “regional vocational-technical schools” was changed editorially by the Revisors to “technical high schools”, effective July 1, 2012; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 30, 2017; P.A. 17-237 replaced “technical high schools” with “technical education and career schools” and made a technical change, effective July 1, 2017; P.A. 19-35 added “Not later than July 1, 2020,” replaced provision re consultation with Department of Education with reference to Labor Department, deleted provision re annual preparation, deleted provision re list of every green jobs course and program, added provision re career ladder for jobs in green technology industry, added reference to Sec. 31-3rr and made a technical change, effective July 1, 2019; June Sp. Sess. P.A. 21-2 replaced “Office of Workforce Competitiveness” with “Office of Workforce Strategy”, effective July 1, 2021.

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Sec. 10a-55h. Collaborative efforts of public institutions of higher education re green technology industry. Staff of the Center for Clean Energy Engineering at The University of Connecticut and the Institute of Sustainable Energy at Eastern Connecticut State University shall meet at least quarterly to discuss possible ways to collaborate on green technology and green jobs initiatives. Staff of other public institutions of higher education and centers affiliated with such institutions of higher education that focus on clean or sustainable energy and that are located within the same geographic regions shall meet to develop collaborative efforts with regard to the green technology industry.

(P.A. 10-156, S. 6.)

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Sec. 10a-55i. Higher Education Consolidation Committee. (a) There is established a Higher Education Consolidation Committee which shall be convened by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education or such chairpersons' designee, who shall be a member of such joint standing committee. The membership of the Higher Education Consolidation Committee shall consist of the higher education subcommittee on appropriations and the chairpersons, vice chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations. The Higher Education Consolidation Committee shall establish a meeting and public hearing schedule for purposes of receiving updates from (1) the Board of Regents for Higher Education on the progress of the consolidation of the state system of higher education pursuant to this section, section 4-9c, subsection (g) of section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection (a) of section 7-608, subsection (a) of section 10-9, section 10-155d, subdivision (15) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-17d and 10a-22a, subsection (f) of section 10a-22b, subsections (c) and (d) of section 10a-22d, sections 10a-22h and 10a-22k, subsection (a) of section 10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-22x and 10a-34 to 10a-35a, inclusive, subsection (a) of section 10a-48a, sections 10a-71 and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88, subsection (a) of section 10a-89, subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a-168a, and (2) the Board of Regents for Higher Education and The University of Connecticut on the program approval process for the constituent units. The Higher Education Consolidation Committee shall convene its first meeting on or before September 15, 2011, and meet not less than once every two months.

(b) The Office of Higher Education shall enter into a memorandum of understanding with the Office of Legislative Management providing that up to one hundred thousand dollars appropriated to said Office of Higher Education shall be used by the Higher Education Consolidation Committee to hire a consultant to assist said committee in fulfilling its duties.

(P.A. 11-48, S. 231; P.A. 12-156, S. 43; P.A. 13-247, S. 178, 186; 13-261, S. 11; 13-299, S. 8; June Sp. Sess. P.A. 21-2, S. 196; P.A. 22-118, S. 191; 22-123, S. 41.)

History: P.A. 11-48 effective July 1, 2011; P.A. 12-156 amended Subsec. (b) to replace reference to Office of Financial and Academic Affairs for Higher Education with reference to Office of Higher Education and make a technical change, effective June 15, 2012; P.A. 13-247 amended Subsec. (a) to delete references to Secs. 10a-37(e), 10a-38 to 10a-40, 10a-42, 10a-42g, 10a-163a, 10a-164a and 10a-170, and to move Subdiv. (1) designator and require report from the Board of Regents for Higher Education and The University of Connecticut on the program approval process, effective July 1, 2013; P.A. 13-261 amended Subsec. (a) to add Subdiv. (2) re program approval process and add Subdiv. (1) designator, effective July 1, 2013; P.A. 13-299 amended Subsec. (a) to make a technical change and delete references to Secs. 4d-90(a) and 10a-55i, effective July 1, 2013; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to delete reference to Secs. 10a-6a(a) and 10a-6b, effective June 23, 2021; P.A. 22-118 amended Subsec. (a) to replace reference to Sec. 10-183b(14) with reference to Sec. 10-183b(15), effective July 1, 2022; P.A. 22-123 amended Subsec. (a) by removing a reference to Sec. 10a-22b(h), effective July 1, 2022.

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Sec. 10a-55j. Tracking of state-assigned student identifiers. Each public institution of higher education and each independent institution of higher education that receives state funding shall track the state-assigned student identifiers, that are assigned by the Department of Education to public school students, of all in-state students of such institution until such students graduate from or terminate enrollment at such institution.

(P.A. 11-48, 285; 11-70, S. 14; P.A. 13-122, S. 4; 13-240, S. 2.)

History: P.A. 11-70 effective August 31, 2011; pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 13-122 replaced requirement that Board of Regents for Higher Education be responsible for tracking state-assigned student identifiers with requirement that public and independent institutions of higher education track such identifiers, deleted reference to unique identifiers and made technical and conforming changes, effective July 1, 2013; P.A. 13-240 deleted reference to Board of Regents for Higher Education and made a technical change, effective July 1, 2013.

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Sec. 10a-55k. Disclosure to student athletes recruited by institutions of higher education. (a) For purposes of this section:

(1) “Athletic program” means any intercollegiate athletic program of an institution of higher education in this state that recruits student athletes by soliciting them to apply to, enroll in or attend such institution for purposes of participating in intercollegiate sporting programs, events, contests or exhibitions at such institution.

(2) “NCAA” means the National Collegiate Athletic Association or its successor.

(3) “Student athlete” means an individual who attends an elementary, middle or secondary school program of education or an institution of higher education and participates in any interscholastic athletic program in this state, whether or not such individual receives scholarship funds for such individual's athletic participation.

(b) Commencing January 1, 2012, an institution of higher education that offers athletic scholarships shall provide a hyperlink entitled “Student Athletes' Right to Know” on the front page of its official athletic Internet web site, which shall be linked to a web page containing all of the following information:

(1) Athletic scholarship information, including, but not limited to:

(A) The most recent cost of attendance expenses as published by the institution of higher education's financial aid office for the academic year and for the summer school session.

(B) The sum of expenses identified in subparagraph (A) of this subdivision that are prohibited from inclusion in a full grant-in-aid athletic scholarship pursuant to the NCAA's rules and regulations.

(C) The policy of the institution of higher education's athletic program regarding whether student athletes will receive athletic scholarships for summer school sessions, and, if so, whether such scholarships are proportional to athletic scholarships received during the regular academic year.

(D) The full grant-in-aid athletic scholarship payment received by all student athletes who live on campus during the academic year and off campus during summer school session.

(E) The following information relating to NCAA scholarship rules: (i) A verbal commitment is not binding on either the student athlete or the institution; (ii) the National Letter of Intent is a binding agreement between a prospective student athlete and an institution of higher education in which the institution agrees to provide a prospective student athlete, who is admitted to the institution and is eligible for financial aid under NCAA rules, athletics aid for one academic year in exchange for the prospective student athlete's agreement to attend the institution for one academic year; (iii) the National Letter of Intent must be accompanied by an institutional financial aid agreement; and (iv) if the prospective student athlete signs the National Letter of Intent but does not enroll at that institution for a full academic year, such student athlete may be subject to specific penalties, including loss of a season of eligibility and a mandatory residence requirement.

(F) The policy of the institution of higher education regarding whether or not such institution may choose to sign more recruited student athletes than it has available athletic scholarships and the consequences to the athletic scholarship opportunities of recruited and current student athletes in such situations.

(2) Athletic scholarship renewal information, including, but not limited to:

(A) The NCAA's policy regarding scholarship duration.

(B) The policy of the institution of higher education's athletic program concerning the renewal or nonrenewal of an athletic scholarship, including circumstances in which a student athlete in good standing suffers a temporary or permanent sports-related injury, there is a change in coaching, or a student athlete's athletic performance is deemed to be below expectations.

(3) Athletically related medical expenses information, including, but not limited to:

(A) The NCAA's policy regarding whether athletic programs are mandated to pay for athletically related medical expenses.

(B) The policy of the institution of higher education's athletic program regarding whether such program will pay for a student athlete's athletically related medical expenses, including deductibles, copayments and coinsurance, or any such medical expenses that exceed any maximum insurance coverage limits.

(C) The policy of the institution of higher education's athletic program regarding who is required to pay for any required athletically related insurance premiums for student athletes who do not have insurance coverage.

(D) The duration of time the institution of higher education's athletic program will continue to pay for athletically related medical expenses after a student athlete's athletic eligibility expires.

(E) Whether or not an athletic program's medical policy covers expenses associated with attaining a second medical opinion for an athletically related injury from a physician who is not associated with the athletic program, and whether the athletic program provides coverage for services provided by such a physician.

(4) Athletic release information, including, but not limited to:

(A) The NCAA's policy regarding whether an athletic program may refuse to grant an athletic release to a student athlete who wishes to transfer to another institution of higher education.

(B) The policy of the postsecondary educational institution's athletic program regarding whether it may refuse to grant an athletic release for a student athlete who wishes to transfer to another institution of higher education.

(c) Commencing January 1, 2012, an institution of higher education that provides, by any delivery method, written material regarding its athletic program to a student athlete shall include in such materials a direct link to such institution's Internet web page, where the student athlete shall have access to the “Student Athletes' Right to Know” hyperlink and all of the information regarding the institution's athletic scholarship program as provided in subsection (b) of this section.

(P.A. 11-92, S. 1.)

History: P.A. 11-92 effective July 1, 2011.

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Sec. 10a-55l. Automatic external defibrillator requirements for institutions of higher education athletic departments. (a) Not later than January 1, 2013, the athletic department of each institution of higher education shall develop and implement a policy consistent with this section concerning the availability and use of an automatic external defibrillator during intercollegiate sport practice, training and competition.

(b) Each athletic department of an institution of higher education shall (1) (A) provide and maintain in a central location that is not more than one-quarter mile from the premises used by the athletic department at least one automatic external defibrillator, as defined in section 19a-175, and (B) make such central location known and accessible to employees and student-athletes of such institution of higher education during all hours of intercollegiate sport practice, training and competition, (2) ensure that at least one licensed athletic trainer or other person who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association is on the premises used by the athletic department during all hours of intercollegiate sport practice, training and competition, (3) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (4) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator. As used in this section, “the premises used by the athletic department” means those premises that are used for intercollegiate sport practice, training or competition and may include, but need not be limited to, an athletic building or room, gymnasium, athletic field or stadium; and “intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

(P.A. 12-197, S. 16.)

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(1) “Affirmative consent” means an active, clear and voluntary agreement by a person to engage in sexual activity with another person;

(2) “Awareness programming” means institutional action designed to inform the campus community of the affirmative consent standard used pursuant to subdivision (1) of subsection (b) of this section, and communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at or disclosed to each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

(3) “Bystander intervention” means the act of challenging the social norms that support, condone or permit sexual assault, stalking and intimate partner violence;

(4) “Institution of higher education” means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state, but shall not include Charter Oak State College for purposes of subsections (c) and (f) of this section and sections 10a-55n to 10a-55p, inclusive;

(5) “Intimate partner violence” means any physical or sexual harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family violence as designated under section 46b-38h;

(6) “Primary prevention programming” means institutional action and strategies intended to prevent sexual assault, stalking and intimate partner violence before it occurs by means of changing social norms and other approaches, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

(7) “Sexual assault” means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;

(8) “Stalking” means stalking under section 53a-181c, 53a-181d or 53a-181e; and

(9) “Uniform campus crime report” means a campus crime report prepared by an institution of higher education pursuant to section 10a-55a.

(b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report one or more policies regarding sexual assault, stalking and intimate partner violence. Such policy or policies shall include provisions for:

(1) Informing students and employees that, in the context of an alleged violation of the policy or policies regarding sexual assault and intimate partner violence, (A) affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, (B) affirmative consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity, (C) it is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity, (D) it shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student or employee reporting or disclosing the alleged violation consented to the sexual activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because such student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication, and (E) the existence of a past or current dating or sexual relationship between the student or employee reporting or disclosing the alleged violation and the responding student or employee, in and of itself, shall not be determinative of a finding of affirmative consent;

(2) Detailing the procedures that students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence may follow after the commission of such assault, stalking or violence, regardless of where such incidences occurred, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault, stalking or violence;

(3) Providing students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence both concise, written contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and concise information, written in plain language, concerning the rights of such students and employees to (A) notify law enforcement of such assault, stalking or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence;

(4) Notifying such students and employees of any reasonably available options for and available assistance from such institution in changing academic, living, campus transportation or working situations in response to sexual assault, stalking or intimate partner violence;

(5) Honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r;

(6) Disclosing a summary of such institution's student investigation and disciplinary procedures, including clear statements advising that (A) a student or employee who reports or discloses being a victim of sexual assault, stalking or intimate partner violence shall have the opportunity to request that an investigation begin promptly, (B) the investigation and any disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual assault, stalking and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault, stalking or violence, (C) both the student or employee who reports or discloses the alleged assault, stalking or violence and the student responding to such report or disclosure (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault, stalking or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both the student or employee reporting or disclosing the alleged assault stalking or violence and such responding student are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, (E) the institution of higher education shall not disclose the identity of any party to an investigation or disciplinary proceeding, except as necessary to carry out the investigation or disciplinary proceeding or as permitted under state or federal law, (F) a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, and (G) a student or employee who reports or discloses the alleged assault, stalking or violence shall not be subject to disciplinary action by the institution of higher education for violation of a policy of such institution concerning the use of drugs or alcohol if (i) the report or disclosure was made in good faith, and (ii) the violation of such policy did not place the health or safety of another person at risk;

(7) Disclosing a summary of such institution's employee investigation and disciplinary procedures, including clear statements advising that a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity; and

(8) Disclosing the range of sanctions that may be imposed following the implementation of such institution's student and employee disciplinary procedures in response to such assault, stalking or violence.

(c) Each institution of higher education shall provide (1) annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of affirmative consent in sexual relationships, information concerning the reporting of incidences of such assaults, stalking and violence and strategies for bystander intervention and risk reduction; and (2) ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.

(d) Each institution of higher education may provide the option for any student or employee of such institution who is the victim of a sexual assault, stalking or intimate partner violence to report or disclose such assault, stalking or violence to such institution anonymously. Each such institution shall notify any such student or employee of the institution's obligations under state or federal law, if any, to (1) investigate or address such assault, stalking or violence and (2) assess whether the report triggers the need for a timely warning or emergency notification, as described in 34 CFR 668.46(e), which obligations, in limited circumstances, may result in the learning of such victim's identity.

(e) Each institution of higher education shall provide concise notification, written in plain language, to each student and employee of such institution who reports or discloses having been the victim of sexual assault, stalking or intimate partner violence, immediately upon receiving a report or disclosure of such assault, stalking or violence, of such student's or employee's rights and options under such institution's policy or policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section.

(f) Not later than October 1, 2015, and annually thereafter, each institution of higher education shall report to the joint standing committee of the General Assembly having cognizance of matters relating to higher education, in accordance with the provisions of section 11-4a, concerning, for the immediately preceding calendar year, (1) a copy of its most recent policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section, or any revisions thereto, (2) a copy of its most recent concise written notification of the rights and options of a student or employee who reports or discloses an alleged violation of its sexual assault, stalking and intimate partner violence policy or policies required pursuant to subsection (e) of this section, (3) the number and type of sexual assault, stalking and intimate partner violence prevention, awareness and risk reduction programs at the institution, (4) the type of sexual assault, stalking and intimate partner violence prevention and awareness campaigns held by the institution, (5) the number of incidences of sexual assault, stalking and intimate partner violence reported or disclosed to such institution, (6) the number of confidential or anonymous reports or disclosures to the institution of sexual assault, stalking and intimate partner violence, (7) the number of disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, (8) the final outcome of all disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, including, but not limited to, the outcome of any appeals of such final outcome, to the extent reporting on such outcomes does not conflict with federal law, and (9) on a biennial basis, the summary results of the sexual misconduct climate assessment conducted by the institution pursuant to section 10a-55s.

(g) Nothing in this section shall be interpreted to prohibit Charter Oak State College from providing, either in person or electronically, optional sexual assault, stalking and intimate partner violence prevention and awareness programming for all students and employees of said college.

(h) Nothing in this section shall be interpreted as requiring an institution of higher education to adopt, verbatim, the definition of “affirmative consent” set forth in subsection (a) of this section, provided the institution of higher education, in the exercise of its sole authority to adopt a definition of “affirmative consent”, uses a definition of “affirmative consent” that has the same meaning as or a meaning that is substantially similar to the definition set forth in subsection (a) of this section.

(P.A. 12-78, S. 1; P.A. 14-11, S. 2; 14-217, S. 163, 164; P.A. 16-106, S. 1; P.A. 19-189, S. 2; P.A. 21-81, S. 1, 4.)

History: P.A. 12-78 effective July 1, 2012; P.A. 14-11 amended Subsec. (a) by adding new Subdiv. (2) defining “bystander intervention” and Subdiv. (7) defining “stalking”, redesignating existing Subdivs. (2) to (6) as Subdivs. (3) to (5) and (8) and redefining “awareness programming”, “institution of higher education”, “intimate partner violence”, and “primary prevention programming” therein, amended Subsec. (b) by adding stalking to crimes for which policies are required, requiring policies to address employees of the institution and incidences that occur off-campus, requiring annual training for official conducting disciplinary proceedings, and making technical changes, amended Subsec. (c) by requiring that institutions provide annual programming regardless of budgetary resources and that such programming include stalking, and added Subsec. (d) re anonymous reporting or disclosing, Subsec. (e) re notification of victim's rights and options and Subsec. (f) re institutions reporting to the General Assembly, effective July 1, 2014; P.A. 14-217 redefined “institution of higher education” in Subsec. (a)(3) and added Subsec. (g) re Charter Oak State College providing optional prevention and awareness programming, effective July 1, 2014; P.A. 16-106 amended Subsec. (a) by adding new Subdiv. (1) defining “affirmative consent”, redesignating existing Subdiv. (1) re awareness programming as Subdiv. (2) and amending same to redefine “awareness programming”, and redesignating existing Subdivs. (2) to (8) as Subdivs. (3) to (9), amended Subsec. (b) re adoption and disclosure of sexual assault policies by adding new Subdiv. (1) re informing students and employees re affirmative consent, redesignating existing Subdivs. (1) to (4) as Subdivs. (2) to (5), redesignating existing Subdiv. (5) re summary of institution's student disciplinary procedures as Subdiv. (6) and amending same by replacing references to “victim” with references to “student or employee who reports or discloses being a victim”, replacing “accused” with “student responding to such report or disclosure”, adding references to investigation and adding Subpara. (F) re affirmative consent, redesignating existing Subdiv. (6) re summary of institution's employee disciplinary procedures as Subdiv. (7) and amending same to add provisions re affirmative consent, and redesignating existing Subdiv. (7) re range of sanctions as Subdiv. (8), amended Subsec. (e) by adding “reports or discloses having”, added Subsec. (h) re adoption of definition of “affirmative consent”, and made technical and conforming changes, effective July 1, 2016; P.A. 19-189 amended Subsec. (a)(5) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019”; P.A. 21-81 amended Subsec. (a) by adding reference to Secs. 10a-55r and 10a-55s, amended Subsec. (b) by changing “such assault, stalking or violence” to “sexual assault, stalking or intimate partner violence” in Subdivs. (4) and (6) and further amended Subdiv. (6) by adding Subpara. (G) re not subjecting student or employee who reports sexual assault, stalking or intimate partner violence to disciplinary action for violation of drug or alcohol policy, and amended Subsec. (f) by adding Subdiv. (9) re summary results of sexual misconduct climate assessment, effective July 1, 2021.

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Sec. 10a-55n. Campus resource team. (a) Not later than January 1, 2015, each institution of higher education shall establish a campus resource team responsible for and with representatives from each of its campuses. The campus resource team shall consist of individuals selected by the president of each institution of higher education, including, but not limited to, (1) the institution's Title IX coordinator and chief student affairs officer, or their designees, (2) not less than one member from its (A) administration, (B) counseling services office, (C) health services office, (D) women's center, (E) special police force, campus police force or campus safety personnel, (F) faculty, (G) senior and mid-level staff, (H) student body, (I) residential life office, and (J) judicial hearing board, provided such entities exist on campus, and (3) any other individuals designated by the president.

(b) Not later than January 1, 2015, the president of each institution of higher education shall invite at least one individual from each of the following to serve on its campus resource team: (1) A community-based sexual assault crisis service center; (2) a community-based domestic violence agency; and (3) the criminal justice system within the judicial district in which such institution of higher education is located, including, but not limited to, members of the state police and local police department and prosecutors employed by the Division of Criminal Justice.

(c) Each institution of higher education shall ensure that every member of the campus resource team is educated in (1) the awareness and prevention of sexual assault, stalking and intimate partner violence, and communicating with and providing assistance to any student or employee of the institution who is the victim of such assault, stalking or violence; (2) the sexual assault, stalking and intimate partner violence policies of such college or institution; (3) the provisions of Title IX of the Elementary and Secondary Education Act of 1972, 20 USC 1681 et seq., and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC 1092(f); (4) victim-centered response and the role of community-based sexual assault victim advocates; (5) the role and functions of each member on such campus resource team for the purpose of ensuring a coordinated response to reported incidences of sexual assault, stalking and intimate partner violence, as such terms are defined in section 10a-55m; and (6) communicating sensitively and compassionately with the victims of such assault, stalking or violence, including, but not limited to, an awareness of responding to victims with diverse cultural backgrounds, and providing services to or assisting in locating services for such victims. For purposes of this subsection, “victim-centered response” means a systematic focus on the needs and concerns of a victim of sexual assault, stalking or intimate partner violence that (A) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner, (B) ensures an understanding of how trauma affects victim behavior, (C) maintains victim safety, privacy and, where possible, confidentiality, and (D) recognizes that victims are not responsible for the assault, stalking or violence committed against them.

(d) Not later than July 1, 2015, the campus resource team shall review the sexual assault, stalking and intimate partner violence policies adopted by its institution of higher education in accordance with section 10a-55m and recommend to such institution protocols in accordance with such policies for providing support and services to any student or employee who reports being the victim of sexual assault, stalking or intimate partner violence. Such team shall meet not less than once per semester to review such protocols and ensure that they are updated as necessary.

(P.A. 14-11, S. 3.)

History: P.A. 14-11 effective July 1, 2014.

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Sec. 10a-55o. Memorandum of understanding with community-based sexual assault crisis service center and domestic violence agency. Not later than January 1, 2015, each institution of higher education shall enter into and maintain a memorandum of understanding with at least one community-based sexual assault crisis service center and at least one community-based domestic violence agency for purposes of (1) ensuring that any student or employee of such institution who reports or discloses being the victim of sexual assault, stalking or intimate partner violence can access free and confidential counseling and advocacy services, either on or off campus, and (2) establishing a partnership with such service center and agency, including, but not limited to, (A) involvement of the institution's campus resource team, and (B) trainings between the institution and such service center and agency to ensure the understanding of each other's role in responding to reports and disclosures of sexual assault, stalking and intimate partner violence against students and employees of the institution and the institution's protocols for providing support and services to such students and employees, developed pursuant to section 10a-55m.

(P.A. 14-11, S. 4; P.A. 15-63, S. 4.)

History: P.A. 14-11 effective July 1, 2014; P.A. 15-63 made a technical change, effective June 19, 2015.

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Sec. 10a-55p. Education of Title IX coordinator and special police force or campus safety personnel in awareness and prevention of sexual assault, stalking and intimate partner violence and in trauma-informed response. (a) Each institution of higher education shall ensure that its Title IX coordinator and members of its special police force, campus police force or campus safety personnel employed by such institution of higher education are educated in the awareness and prevention of sexual assault, stalking and intimate partner violence, and in trauma-informed response.

(b) For purposes of this section, “trauma-informed response” means a response involving an understanding of the complexities of sexual assault, stalking and intimate partner violence through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impact of trauma, understanding the behavior of perpetrators and conducting an effective investigation on behalf of victims who have suffered trauma.

(P.A. 14-11, S. 5.)

History: P.A. 14-11 effective July 1, 2014.

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Sec. 10a-55q. Training of first responders in awareness and prevention of sexual assault, stalking and intimate partner violence and in trauma-informed response. (a) Members of state and local police departments who act as first responders to any reports of sexual assault, stalking or intimate partner violence at an institution of higher education shall receive training in the awareness and prevention of sexual assault, stalking and intimate partner violence and in trauma-informed response.

(P.A. 14-11, S. 6.)

History: P.A. 14-11 effective July 1, 2014.

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Sec. 10a-55r. Council on Sexual Misconduct Climate Assessments. Membership. Duties. (a) There is established a Council on Sexual Misconduct Climate Assessments, which shall be part of the Legislative Department. The council shall have the following powers and duties: (1) Develop a list of data points to be collected by institutions of higher education through student responses to sexual misconduct climate assessments. Such data points shall include, but not be limited to, data regarding (A) student awareness of institutional policies and procedures related to sexual assault, stalking and intimate partner violence, (B) if a student reported sexual assault, stalking or violence to an institution of higher education or law enforcement, the response to and results of such report, and (C) student perceptions of campus safety; (2) recommend one or more sexual misconduct climate assessments that collect the data points identified by the council; (3) recommend guidelines for the implementation of such assessments, which shall include, but need not be limited to, procedures for (A) achieving a high rate of response to such assessments to ensure statistically accurate survey results, (B) protecting the confidentiality of respondents to such assessments, and (C) receiving responses to such assessments from as broad and diverse a segment of the student population as possible; and (4) perform such other acts as may be necessary and appropriate to carry out the duties described in this section.

(b) The council shall consist of the following members:

(1) The cochairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement;

(2) One appointed by the speaker of the House of Representatives, who has expertise in the development and design of sexual misconduct climate assessments;

(3) One appointed by the president pro tempore of the Senate, who has expertise in statistics, data analytics or econometrics related to higher education assessments;

(4) One appointed by the minority leader of the House of Representatives, who shall be a representative of the Victim Rights Center of Connecticut;

(5) One appointed by the minority leader of the Senate, who shall be a Title IX coordinator at an institution of higher education in the state;

(6) The Commissioner of Public Health, or the commissioner's designee;

(7) The president of The University of Connecticut, or the president's designee;

(8) Two designated by the Board of Regents for Higher Education, one of whom represents the Connecticut State University System and one of whom represents the regional community-technical college system;

(9) One designated by the Connecticut Conference of Independent Colleges, who represents the independent institutions of higher education in the state;

(10) Three designated by the Connecticut Alliance to End Sexual Violence, one of whom is a victim of sexual assault or intimate partner violence who resides in a rural community in the state, one of whom is a victim of sexual assault or intimate partner violence who resides in an urban community in the state and at least one of whom is a person who is black, indigenous or a person of color;

(11) One designated by the Connecticut Coalition Against Domestic Violence, who is a victim of intimate partner violence;

(12) One designated by True Colors, Inc., who identifies as lesbian, gay, bisexual, transgender or a queer;

(13) The staff director of the Every Voice Coalition of Connecticut, or the staff director's designee; and

(14) Three students, designated by the Every Voice Coalition of Connecticut, one of whom is enrolled at a public institution of higher education, one of whom is enrolled at an independent institution of higher education and at least one of whom is a person who is black, indigenous or a person of color.

(c) Any member of the council appointed or designated under subsection (b) of this section may be a member of the General Assembly.

(d) All initial appointments to the council shall be made not later than sixty days after July 1, 2021, and shall terminate on June 30, 2026, regardless of when the initial appointment or designation was made. Any member of the council may serve more than one term.

(e) The cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education shall jointly select the chairperson of the council from among the members of the council. The chairperson of the council shall schedule the first meeting of the council, which shall be held not later than sixty days after July 1, 2021.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to higher education shall serve as administrative staff of the council.

(g) Members of the council who are appointed or designated shall serve for four-year terms, which shall commence on the date of appointment, except as provided in subsection (d) of this section. Members shall continue to serve until their successors are appointed or designated.

(h) Any vacancy shall be filled by the appointing or designating authority not later than thirty days after the vacancy occurs. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term.

(i) A majority of the council shall constitute a quorum for the transaction of any business.

(j) The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.

(k) The council shall meet as often as deemed necessary by the chairperson or a majority of the council. Any appointed or designated 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 the council.

(l) Not later than January 1, 2022, and every two years thereafter, the council shall submit, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education and to each institution of higher education in the state the (1) list of data points developed by the council, and (2) recommended sexual misconduct climate assessments and guidelines for the implementation of such assessments.

(P.A. 21-81, S. 2; June Sp. Sess. P.A. 21-2, S. 125.)

History: P.A. 21-81 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (b)(1) by adding “and ranking members” and Subsecs. (d) and (e) by substituting “July 1, 2021,” for “the effective date of this section”, effective July 1, 2021.

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Sec. 10a-55s. Sexual misconduct climate assessments. (a) On or before March 1, 2024, and every two years thereafter, each institution of higher education in the state shall conduct a sexual misconduct climate assessment that collects the data points developed by the Council on Sexual Misconduct Climate Assessments, pursuant to section 10a-55r, and distribute such assessment to each enrolled student in accordance with the guidelines recommended by said council. An institution may use any sexual misconduct climate assessment, including, but not limited to, one recommended by the council or developed by an institution of higher education or a national association, provided such assessment collects all of the data points developed by the council.

(b) Each institution of higher education shall include with the sexual misconduct climate assessment a statement that (1) the identity of assessment respondents shall be confidential, (2) students should not disclose personally identifying information with their assessment responses, and (3) no assessment responses may be used as a basis of disciplinary action or legal proceeding.

(c) Not later than six months after the distribution of the sexual misconduct climate assessment pursuant to subsection (a) of this section, and every two years thereafter, each institution of higher education in the state shall post on its Internet web site (1) the campus-level results of the sexual misconduct climate assessment, (2) its uniform campus crime report prepared pursuant to section 10a-55a, and (3) an Internet link to the report submitted to the joint standing committee of the General Assembly having cognizance of matters relating to higher education pursuant to subsection (f) of section 10a-55m.

(P.A. 21-81, S. 3; P.A. 22-123, S. 43.)

History: P.A. 21-81 effective July 1, 2021; P.A. 22-123 amended Subsec. (a) by extending the deadline from March 1, 2023, to March 1, 2024, effective May 27, 2022.

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Sec. 10a-55t. Policy re availability and use of opioid antagonists on campus required. (a) Not later than January 1, 2020, the president of each institution of higher education in the state shall (1) develop and implement a policy consistent with subsection (b) of this section concerning the availability and use of opioid antagonists, as defined in section 17a-714, by students and employees of the institution, (2) submit such policy to the Department of Consumer Protection for approval, and (3) upon approval of the department, post such policy on the institution's Internet web site.

(b) The policy of each institution of higher education concerning the availability and use of opioid antagonists shall (1) designate a medical professional or public safety professional to oversee the purchase, storage and distribution of opioid antagonists on each of its campuses, (2) identify the location or locations on each of its campuses where the opioid antagonists are stored, which location or locations shall be made known and accessible to students and employees of such institution, (3) require maintenance of the supply of opioid antagonists in accordance with the manufacturer's guidelines, and (4) require a representative of the institution to call 911 or notify a local emergency medical services provider prior to, during or as soon as practicable after each use of an opioid antagonist on the institution's campus that is reported to the institution or observed by a medical professional or public safety professional, unless the person to whom the opioid antagonist was administered has already received medical treatment for his or her opioid-related drug overdose.

(P.A. 19-191, S. 7.)

History: P.A. 19-191 effective July 1, 2019.

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Sec. 10a-55u. Uniform financial aid information to be provided to prospective students. Each institution of higher education, as defined in section 10a-55, and for-profit institution of higher education licensed to operate in this state shall provide uniform financial aid information to every prospective student who has been accepted for admission to such institution. Each institution shall provide such information prior to such institution's enrollment deadline for purposes of providing each student with sufficient time to make an informed decision about enrollment. Each institution shall use the financial aid shopping sheet developed by the Consumer Financial Protection Bureau and the United States Department of Education pursuant to the Higher Education Opportunity Act, P.L. 110-315, to provide such information.

(P.A. 13-95, S. 1.)

History: P.A. 13-95 effective July 1, 2014; this section was originally published as Sec. 10a-55n in the 2014 Supplement to the General Statutes.

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Sec. 10a-55v. Go Back to Get Ahead program. (a) There is established a Go Back to Get Ahead program, administered by the Board of Regents for Higher Education, for the purpose of encouraging individuals who previously enrolled in an associate's or bachelor's degree program, but left such program prior to its completion or who received an associate's degree and seek to advance their educational attainment, to return to an institution of higher education to earn a degree.

(b) Subject to the guidelines established by the Board of Regents for Higher Education, the Go Back to Get Ahead program shall provide, within available resources, an incentive of up to three free three-credit courses necessary for the completion of an associate's or bachelor's degree to any resident of this state who previously enrolled in an associate's or bachelor's degree program at any public or independent institution of higher education, who either (1) left such program prior to completing it, or (2) received an associate's degree and seeks to enroll in a bachelor's degree program, and who has not attended any institution of higher education for at least eighteen months as of June 30, 2014. Said program shall be limited to individuals who enroll, not later than September 30, 2016, in an associate's or bachelor's degree program at a state college within the Connecticut State University System, a regional community-technical college or Charter Oak State College.

(P.A. 14-217, S. 176.)

History: P.A. 14-217 effective July 1, 2014.

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Sec. 10a-55w. Information re transfer and articulation programs. (a) The Office of Higher Education shall publish on its Internet web site, links to the existing transfer and articulation programs developed between the Connecticut state colleges and universities and The University of Connecticut. Each institution within the jurisdiction of the constituent units shall include on its Internet web site a link to the Office of Higher Education's Internet web site and provide information regarding such transfer and articulation programs. Each institution of higher education in this state, receiving federal funding pursuant to the Higher Education Act of 1965, shall provide on its Internet web site a link to the institution's most recent institutional profile provided on the National Center for Education Statistic's Integrated Postsecondary Education Data System Internet web site.

(b) The Connecticut State Colleges and Universities shall provide any student who has been accepted for admission to an institution within the jurisdiction of the regional community-technical college system with information about the existing transfer and articulation programs between the regional technical-community colleges and four-year public institutions of higher education.

(c) Not later than January 1, 2018, and annually thereafter, the Connecticut State Colleges and Universities and The University of Connecticut shall each submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education. Such report shall analyze the existing transfer and articulation programs utilized by students who attended a regional technical-community college and who transferred to a four-year public institution of higher education, including, but not limited to, (1) enrollment of transfer students, (2) the average number of credits accepted by the four-year public institution, and (3) graduation rates of transfer students.

(P.A. 17-229, S. 1; P.A. 18-103, S. 2.)

History: P.A. 17-229 effective January 1, 2018; P.A. 18-103 made a technical change in Subsec. (a), effective July 1, 2018.

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Sec. 10a-55x. Campus mental health coalitions. Assessment of mental health services and programs. (a) As used in this section and sections 10a-55y to 10a-55aa, inclusive, and section 7 of public act 21-132*:

(1) “Services” or “mental health services” means counseling, therapy, rehabilitation, crisis intervention or emergency services for the screening, diagnosis or treatment of mental illness;

(2) “Programs” or “mental health programming” means education, outreach, research or training initiatives aimed at students for the prevention of mental illness, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, conferences or other campus events; and

(3) “Institution of higher education” means any institution of higher education in the state, but does not include Charter Oak State College or any institution of higher education that solely provides programs of higher learning through its Internet web site.

(b) Not later than January 1, 2022, each institution of higher education shall establish a campus mental health coalition with representatives from each of its campuses. The campus mental health coalition shall consist of individuals appointed by the president of each institution of higher education, who are reflective of the demographics of the student body at such institution, including, but not limited to, at least one member from such institution's (1) administration, (2) counseling services office, if any, (3) health services office, if any, (4) senior and mid-level staff, (5) student body, (6) residential life office, if any, (7) faculty, and (8) any other individuals designated by the president, including, but not limited to, a community provider of mental health services.

(c) Each institution of higher education shall ensure that every member of the campus mental health coalition is educated about the (1) mental health services and programs offered at each campus by such institution, (2) role and function of the campus mental health coalition at such institution, and (3) protocols and techniques to respond to student mental illness that have been developed with consideration given to the students' race, cultural background, sexual orientation, gender identity, religion, socio-economic status or status as a veteran or service member of the armed forces of the United States.

(d) Each campus mental health coalition shall (1) conduct an assessment of the presence of mental health services and programs offered by the institution of higher education, except such assessment shall not be required for an institution of higher education that is accredited by the International Accreditation of Counseling Services or another nationally or regionally recognized accrediting body for mental health services, (2) review the results of such assessment and develop a plan to address any weaknesses in such services and programs offered by the institution, and (3) review and recommend improvements to (A) the variety of mental health services available to students at the institution, including, but not limited to, on-campus services, telehealth services provided in accordance with section 19a-906, or any services offered through community-based mental health care providers or emergency mobile psychiatric service providers, (B) the comprehensiveness of mental health services available to students, and (C) the campus-wide policies and procedures regarding student mental health adopted pursuant to section 10a-55aa.

(P.A. 21-132, S. 3.)

*Note: Section 7 of public act 21-132 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 21-132 effective July 1, 2021.

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Sec. 10a-55y. Campus mental health coalition training workshops. The executive director of the Office of Higher Education and the Commissioner of Mental Health and Addiction Services, in consultation with an epidemiologist or other specialist with expertise in mental health issues at institutions of higher education, may jointly offer training workshops for the campus mental health coalitions established pursuant to section 10a-55x regarding best practices for the assessment and provision of mental health services and programming at institutions of higher education.

(P.A. 21-132, S. 4.)

History: P.A. 21-132 effective July 1, 2021.

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Sec. 10a-55z. Memorandum of understanding for provision of mental health services. Not later than January 1, 2022, any institution of higher education that lacks resources on campus for the provision of mental health services to students shall enter into and maintain a memorandum of understanding with at least one community-based mental health care provider or, in consultation with the Department of Mental Health and Addiction Services, with an emergency mobile psychiatric service provider for the purpose of providing students access to mental health services on or off campus and assistance to institutions in developing mental health programming.

(P.A. 21-132, S. 5.)

History: P.A. 21-132 effective July 1, 2021.

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Sec. 10a-55aa. Student mental health policies and procedures. Not later than January 1, 2022, the governing board of each institution of higher education shall adopt, and update as necessary, campus-wide policies and procedures regarding student mental health. Such policies and procedures shall include, but not be limited to, (1) the types of mental health services and mental health programming available to students each academic year, (2) protocols for leaves of absence that can be applied for medical reasons, and (3) the resources available for crisis response, imminent danger and psychiatric hospitalization.

(P.A. 21-132, S. 6.)

History: P.A. 21-132 effective July 1, 2021.

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Sec. 10a-55bb. Inclusion of 9-8-8 National Suicide Prevention Lifeline number on student identification cards by public institutions of higher education. Each public institution of higher education under the jurisdiction of the Board of Regents for Higher Education shall include the 9–8–8 National Suicide Prevention Lifeline number on each student identification card that is distributed to a student at the institution after said lifeline has been operational in the state for three hundred sixty-six days.

(P.A. 22-47, S. 29.)

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Secs. 10a-55cc to 10a-55dd. Reserved for future use.

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Sec. 10a-55ee. Food insecurity survey, programs and services. (a) As used in this section, (1) “food insecurity” or “food insecure” means the lack of financial resources needed to consistently access enough food for an active and healthy life, and (2) “fruit and vegetable incentive program” means a program that offers participants matching funds to purchase fruits and vegetables in any increment relative to the cost of such fruits and vegetables.

(b) Not later than March 1, 2023, and biennially thereafter, each public institution of higher education in the state shall administer a survey to each student enrolled at such institution for the purpose of collecting data on the number of students who are food insecure and the causes of and reasons for such food insecurity. Such survey shall include, but need not be limited to, questions regarding a student's (1) demographic background, including age, race, ethnicity, gender identity, marital status, income, education and employment; (2) specific barriers to food access; and (3) awareness or use of community or institutional resources to address food insecurity and any barriers to accessing such resources.

(c) Not later than October 1, 2023, and biennially thereafter, each public institution of higher education shall evaluate any services and programs offered by such institution to address the needs of food-insecure students. Based on the results of the survey administered pursuant to subsection (b) of this section, each institution shall amend any existing services or programs or establish a new service or program to address the needs of food-insecure students. Such service or program may include, but not be limited to, (1) assistance and support for students to enroll in the supplemental nutrition assistance program pursuant to the federal Food and Nutrition Act of 2008, or any other state or federal program for nutrition assistance or financial aid, including programs for families, if such program is applicable to the student; (2) providing low-cost food or meal plan options on campus; (3) allowing students additional meals through additional card swipes on meal plans; (4) providing financial assistance or other financial student aid; (5) establishing or expanding a food pantry on campus; or (6) initiating a fruit and vegetable incentive program, or making such program available to students through agreement with a community nonprofit organization or governmental agency that provides such program. When amending or establishing any service or program pursuant to this subsection, each institution shall have the goal of providing such service or program to not less than ten per cent of the number of students identified as being food insecure in the survey administered pursuant to subsection (b) of this section.

(d) Not later than January 1, 2024, and biennially thereafter, each public institution of higher education in the state shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education, regarding any food insecurities among the students at such institution, including, but not limited to, (1) results from the survey administered pursuant to subsection (b) of this section, (2) services or programs to address the needs of food insecure students, including any amendments made to such services or programs pursuant to subsection (c) of this section, and (3) the number of students who utilized such services or programs during the preceding two years.

(P.A. 22-101, S. 4.)

History: P.A. 22-101 effective July 1, 2022.

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Sec. 10a-55ff. Information regarding the supplemental nutrition assistance program. Each public institution of higher education shall annually notify students by any means of communication, including, but not limited to, electronic mail, regarding the supplemental nutrition assistance program pursuant to the federal Food and Nutrition Act of 2008, as amended from time to time, including, but not limited to, (1) the qualification requirements for such program, (2) the application procedure for such program, and (3) where to obtain assistance in completing an application for such program.

(P.A. 22-101, S. 7.)

History: P.A. 22-101 effective July 1, 2022.

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Sec. 10a-56. Student athlete compensation through an endorsement contract or employment. Representation. Policies and limitations. (a) As used in this section:

(1) “Student athlete” means a student enrolled at an institution of higher education who participates in an intercollegiate athletic program;

(2) “Intercollegiate athletic program” means a program at an institution of higher education for sports played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics;

(3) “Compensation” means the receipt, whether directly or indirectly, of any cryptocurrency, money, goods, services, other item of value, in-kind contributions and any other form of payment or remuneration;

(4) “Endorsement contract” means a written agreement under which a student athlete is employed or receives compensation for the use by another party of such student athlete's person, name, image or likeness in the promotion of any product, service or event;

(5) “Sports agent” means a duly licensed person who negotiates or solicits a contract on behalf of a student athlete in accordance with the Sports Agent Responsibility and Trust Act, 15 USC 7801, et seq., as amended from time to time;

(6) “NCAA” has the same meaning as provided in section 10a-55k;

(7) “Institutional marks” means the name, logo, trademarks, mascot, unique colors, copyrights and other defining insignia of an institution of higher education;

(8) “Institution of higher education” means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state;

(9) “Official team activities” means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the institution of higher education and other team-organized activities, including, but not limited to, individual photograph sessions, news media interviews and other related activities as specified by the institution of higher education; and

(10) “Prohibited endorsements” means receipt of compensation by, or employment of, a student athlete for use of the student athlete's person, name, image or likeness in association with any product, category of companies, brands or types of endorsement contracts that the institution of higher education prohibits endorsing by policy.

(b) On or after January 1, 2022, or the date on which an institution of higher education in the state adopts or updates its policy in accordance with subdivision (3) of subsection (f) of this section, whichever is earlier, any student athlete who is enrolled at such institution of higher education may earn compensation through an endorsement contract or employment in an activity that is unrelated to any intercollegiate athletic program and obtain the legal or professional representation of an attorney or sports agent through a written agreement, provided such student athlete complies with the policy or policies adopted by his or her institution of higher education regarding student athlete endorsement contracts and employment activities.

(c) Each institution of higher education shall adopt one or more policies regarding student athlete endorsement contracts, employment activities and the use of institutional marks. Such policy or policies shall include provisions for: (1) Requiring a student athlete to disclose and submit a copy to his or her institution of higher education of each endorsement contract, written agreement for employment and representation agreement executed by the student athlete; (2) prohibiting a student athlete from entering into an agreement that conflicts with the provisions of any agreement to which the institution of higher education is a party, provided such institution shall disclose to the student athlete or the student athlete's attorney or sports agent the provisions of the agreement that are in conflict; (3) prohibiting a student athlete's performance of the endorsement contract or employment activity from interfering with any official team activities or academic obligations; and (4) identifying any prohibited endorsements.

(d) No provision of this section shall be construed to (1) require an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA to compensate a student athlete for use of his or her name, image or likeness; (2) require a student athlete or any other person to compensate an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA for a student athlete's endorsement contract or employment activity that is in accordance with the provisions of subsection (b) of this section; (3) qualify any scholarship that a student athlete receives from an institution of higher education as compensation; (4) qualify a student athlete as an employee of an institution of higher education; (5) require an institution of higher education to take any action in violation of the Discrimination Based on Sex and Blindness Act, 20 USC 1681, et seq., as amended from time to time; (6) prohibit a student athlete from engaging in an employment activity that entails coaching or performing a sport, provided such activity is not related to any intercollegiate athletic program; (7) prohibit an institution of higher education from using a student athlete's name, image or likeness in connection with official team activities; or (8) require an institution of higher education to allow a student athlete to use or consent to the use of any institutional marks.

(e) No athletic association or conference, including, but not limited to, the NCAA, on the basis of a student athlete's endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (1) prohibit or prevent an institution of higher education or its intercollegiate athletic program from participating in intercollegiate sports, (2) restrict or revoke a student athlete's eligibility to participate in an intercollegiate athletic program, (3) prohibit or prevent a student athlete from earning compensation from such endorsement contract or employment activity, or (4) prohibit or prevent a student athlete from representation by a duly licensed attorney or sports agent.

(f) (1) No institution of higher education, on the basis of a student athlete's endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (A) prohibit or prevent such student athlete from earning compensation from such endorsement contract or employment activity, (B) prohibit or prevent such student athlete from representation by a duly licensed attorney or sports agent, or (C) restrict or revoke such student athlete's eligibility for a scholarship or to participate in the intercollegiate athletic program at such institution.

(2) Notwithstanding section 1-210 with respect to public institutions of higher education, no institution of higher education shall disclose any record of the compensation received by a student athlete from an endorsement contract or employment activity entered into or engaged in pursuant to subsection (b) of this section unless the institution receives the written consent of the student athlete for each disclosure.

(3) Not later than January 1, 2022, the governing board of each institution of higher education shall adopt or update its policies, as necessary, to carry out the purposes of this section.

(g) No provision of subsections (d) and (f) of this section shall be construed to prevent an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA, from prohibiting a student athlete's participation in an intercollegiate athletic program, revoking a student athlete's eligibility for a scholarship or taking any other punitive or legal action if such student athlete's endorsement contract, employment activity or representation by an attorney or sport agent does not comply with the provisions of subsection (b) of this section.

(h) No student athlete may receive compensation for use of such student athlete's name, image or likeness as an inducement to attend, enroll in or continue attending a specific institution of higher education or intercollegiate athletic program.

(P.A. 21-132, S. 14; June Sp. Sess. P.A. 21-2, S. 146; P.A. 22-11, S. 1.)

History: P.A. 21-132 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsecs. (b) and (f)(3) by changing “September 1, 2021” to “January 1, 2022” and added Subsec. (h) re prohibition on receiving compensation as inducement to attend or enroll in an institution of higher education, effective July 1, 2021; P.A. 22-11 amended Subsec. (c) by adding “and the use of institutional marks”, deleting former Subdiv. (3) re a prohibition on the use of institutional marks and redesignating existing Subdivs. (4) and (5) as Subdivs. (3) and (4) and amended Subsec. (d) by adding Subdiv. (8) re the use of institutional marks, effective July 1, 2022.

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Sec. 10a-57. Higher education trends. Report. The executive director of the Office of Higher Education shall report on or before March 1, 2013, and annually thereafter, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations and the budgets of state agencies on state, regional and national trends regarding Connecticut higher education, including, but not limited to, expenditures, funding, enrollment, faculty and staff positions, cost sharing and student financial aid. The Office of Higher Education shall collect such data and information as it deems necessary for the development of such annual report.

(P.A. 12-10, S. 1; 12-156, S. 56.)

History: P.A. 12-10 effective July 1, 2012; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012.

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Secs. 10a-57a to 10a-57c. Certificate programs: Definitions. Certificate programs: Submission, collection and compilation of data. Certificate programs: One-page fact sheet. Sections 10a-57a to 10a-57c, inclusive, are repealed, effective July 1, 2021.

(P.A. 16-44, S. 2, 4, 5; June Sp. Sess. P.A. 21-2, S. 494.)

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Sec. 10a-57d. Certificate programs: Uniform naming convention. Tuition review. Report. (a) The Board of Regents for Higher Education, under the direction of its chief academic officer, shall establish a working group comprised of deans of continuing education programs, or their designees, at the regional community-technical colleges to review all of the noncredit sub-baccalaureate certificate programs offered by each regional community-technical college for purposes of designing a uniform naming convention for such programs. Not later than January 1, 2019, the working group shall design the uniform naming convention to enable students to distinguish between noncredit certificate programs with similar yet varied requirements within the same field of study. Any programs that vary shall be uniformly designated with indications of different, enhanced or more demanding requirements.

(b) Not later than February 1, 2019, and periodically thereafter as prescribed by the Board of Regents for Higher Education, the working group shall review the tuition of uniformly named noncredit sub-baccalaureate certificate programs leading to the same qualifications to determine if any cost variations in the tuition and fees for such program are reasonable.

(c) Not later than March 1, 2019, the president of the Connecticut State Colleges and Universities shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education regarding the uniform naming convention designed pursuant to subsection (a) of this section and the determination made from the tuition review required under subsection (b) of this section.

(P.A. 16-44, S. 6; P.A. 17-56, S. 3.)

History: P.A. 16-44 effective July 1, 2016; P.A. 17-56 amended Subsec. (c) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective June 20, 2017.

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Sec. 10a-57e. Certificate programs: Student data review. Section 10a-57e is repealed, effective July 1, 2021.

(P.A. 16-44, S. 7; June Sp. Sess. P.A. 21-2, S. 494.)

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Sec. 10a-57f. Participation in the nation-wide state authorization reciprocity agreement. Application process for in-state participating institutions and out-of-state nonparticipating institutions. Authority of Attorney General. (a) Not later than January 1, 2017, the Office of Higher Education shall enter into a multistate or regional reciprocity agreement for purposes of enabling the state and Connecticut institutions of higher education to participate in a nation-wide state authorization reciprocity agreement (1) establishing uniform standards for distance learning programs across states, and (2) eliminating the need for a state participating in the state authorization reciprocity agreement to assess the quality of a distance learning program offered by an out-of-state institution of higher education through the participating state's authorization, licensing and accreditation process. Notwithstanding the provisions of part III of this chapter and upon the Office of Higher Education entering into the multistate or regional reciprocity agreement, an out-of-state institution of higher education that participates in the state authorization reciprocity agreement may operate a distance learning program in the state in accordance with the uniform standards.

(b) Any Connecticut institution of higher education that seeks to participate in the nation-wide state authorization reciprocity agreement under subsection (a) of this section shall submit an application with the Office of Higher Education on a form prescribed by the office. The office shall approve or reject the institution's application in accordance with the terms of such agreement. Authorization by the office to participate in such agreement shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all Connecticut institutions of higher education that participate in such agreement. The fee schedule shall be graduated based on the number of full-time equivalent students at each Connecticut institution of higher education.

(c) Any out-of-state institution of higher education that does not participate in the nation-wide, state authorization reciprocity agreement and seeks to operate a distance learning program in the state shall submit an application to the Office of Higher Education on a form prescribed by the office. Each institution shall agree to abide by standards, similar to those in the nation-wide, state authorization reciprocity agreement and established by the office. The office shall approve or reject the institution's application in accordance with the standards established by the office. Authorization by the office to operate a distance learning program in the state shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all out-of-state institutions of higher education that do not participate in the nation-wide, state authorization reciprocity agreement and are approved by the office. The fee schedule shall be graduated based on the number of full-time equivalent students enrolled at each out-of-state institution of higher education.

(d) Nothing in subsection (a) of this section shall be construed to affect the authority of the Attorney General to enforce the provisions of chapter 735a or Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time.

(P.A. 16-120, S. 1; P.A. 19-174, S. 1.)

History: P.A. 16-120 effective July 1, 2016; P.A. 19-174 added new Subsec. (c) re applications for out-of-state nonparticipating institutions and redesignated existing Subsec. (c) as Subsec. (d), effective January 1, 2020.

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Sec. 10a-57g. Connecticut Preschool through Twenty and Workforce Information Network. (a) As used in this section:

(1) “Connecticut Preschool through Twenty and Workforce Information Network” or “CP20 WIN” means the Preschool through Twenty and Workforce Information Network maintained in the state.

(2) “Data definitions” means the plain language descriptions of data elements.

(3) “Data dictionary” means a listing of the names of a set of data elements, their definitions and additional meta-data that does not contain any actual data, but provides information about the data in a data set.

(4) “Data elements” mean units of information that are stored or accessed in any data system, such as a student identification number, course code or cumulative grade point average.

(5) “Meta-data” means the information about a data element that provides context for that data element, such as its definition, storage location, format and size.

(6) “Participating agency” means the Connecticut State Colleges and Universities, Department of Education, Labor Department, the Office of Early Childhood, The University of Connecticut, the Connecticut Conference of Independent Colleges or any entity that has executed an enterprise memorandum of understanding for participation in the CP20 WIN and has been approved for participation pursuant to the terms of the enterprise memorandum of understanding.

(7) “Preschool through Twenty and Workforce Information Network” or “P20 WIN” means a state data system for the purpose of matching and linking longitudinally data of state agencies and other organizations to inform policy and practice for education, workforce and supportive service efforts, including, but not limited to, the purpose of conducting audits and evaluations of federal and state education programs.

(8) “Enterprise memorandum of understanding” means a foundational multiparty agreement that sets forth the details of how data is shared and the respective legal rights and responsibilities of each party within the data sharing process, by which the same foundational agreement may be used for new agencies to sign on to the data sharing process and without having to re-sign as agencies sign on or off of such agreement.

(b) There is established a Connecticut Preschool through Twenty and Workforce Information Network. The purpose of the CP20 WIN is to establish processes and structures governing the secure sharing of critical longitudinal data across participating agencies through implementation of the standards and policies of the Preschool through Twenty and Workforce Information Network.

(c) The CP20 WIN shall be governed by an executive board that shall provide oversight of such network. Said executive board shall include, but need not be limited to, the chief executive officer of each participating agency, or their respective designees, the Chief Workforce Officer, or the officer's designee, and the Secretary of the Office of Policy and Management, or the secretary's designee. The duties of the executive board shall be to:

(1) Advance a vision for the CP20 WIN including a prioritized research agenda with support from the Office of Policy and Management.

(2) Convene as needed to respond to issues from the data governing board.

(3) Identify and work to secure resources necessary to sustain CP20 WIN funding.

(4) Support system implementation, maintenance and improvement by advocating for the CP20 WIN in regard to policy, legislation and resources.

(5) Advocate and support the state's vision for the CP20 WIN.

(6) Have overall fiscal and policy responsibility for the CP20 WIN.

(7) Ensure that, in any circumstances in which public funds or resources are to be jointly utilized with those from private entities, such arrangements are governed by appropriate agreements approved by the Attorney General.

(8) Establish a data governing board to establish and implement policies related to cross-agency data management, including, but not limited to, data confidentiality and security in alignment with the vision for CP20 WIN and any applicable law. In establishing such policies, the data governing board shall consult with the Office of Policy and Management, in accordance with the provisions of section 4-67n and other applicable statutes and policies.

(d) The executive board established pursuant to this section may appoint advisory committees to make recommendations on data stewardship, data system expansion and processes, and such other areas that will advance the work of CP20 WIN.

(e) On or before January 1, 2022, and annually thereafter, the Chief Workforce Officer may, in consultation with the Chief Data Officer and the Labor Commissioner, submit to the administrator of CP20 WIN a request for data and analysis of such data for the purposes of assessing performance and outcomes of the state's workforce system. Such data and analysis request shall be completed by the administrator of CP20 WIN not later than August 15, 2022, and annually thereafter.

(P.A. 17-207, S. 4; June Sp. Sess. P.A. 21-2, S. 250.)

History: P.A. 17-207 effective July 11, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding new Subdiv. (8) defining “enterprise memorandum of understanding”, redefining “participating agency” and “P20 WIN”, and deleting former Subdiv. (8) defining “P20 WIN Data Request Management Procedure”, amended Subsec. (c) by replacing certain agency members with provision re chief executive officer of each participating agency or respective designees and Chief Workforce Officer or officer's designee, replacing “Planning Commission for Higher Education” with “Office of Policy and Management” in Subdiv. (1) and replacing “enforce” with “implement” in Subdiv. (8), and added Subsec. (e) re data and analysis request from Chief Workforce Officer to assess the state's workforce system, effective July 1, 2021.

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Secs. 10a-58 to 10a-60. Reserved for future use.

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