SB 1015 — AN ACT ESTABLISHING A PROCESS FOR WAIVING STATE EDUCATION MANDATES FOR CERTAIN SCHOOL DISTRICTS.

General Assembly   RaisedSubstitute Bill No.

1015 January Session, 2017   LCO*_____SB01015ED____032717____* No.AN ACT ESTABLISHING A PROCESS FOR WAIVING STATE EDUCATION MANDATES FOR CERTAIN SCHOOL DISTRICTS.

5205   *05205_______ED_* Referred to Committee on EDUCATION   Introduced by:

  (ED)   AN ACT ESTABLISHING A PROCESS FOR WAIVING STATE EDUCATION MANDATES FOR CERTAIN SCHOOL DISTRICTS.

(NEW) (Effective July 1, 2017) (a) For the school year commencing July 1, 2017, and each school year thereafter, any local or regional board of education for a town (1) whose total equalization aid grant amount for the fiscal year that the town is entitled to receive under the provisions of section 10-262h of the general statutes is less than three per cent of the town's budgeted appropriation for education for such fiscal year, or (2) that declines to receive all equalization aid grant payments, pursuant to subsection (b) of section 10-262i of the general statutes, may request the Commissioner of Education to waive any provision of title 10 of the general statutes over which the State Board of Education has jurisdiction, or any regulation adopted by the state board, except a local or regional board of education shall not request or be granted a waiver of the provisions of part I of chapter 166, chapters 169 and 172, sections 10-14n to 10-14w, inclusive, 10-15, 10-16, 10-16b, 10-76d, 10-186, 10-221a, 10-221d, 10-223e, 10-226a to 10-226h, inclusive, 10-233c and 10-233c10-233d of the general statutes or any requirement of federal law.

(b) The commissioner shall review andeach recommendwaiver approvalrequest ofand eachmay grant such waiver request unless the commissioner determines that such waiver request does not ensure the protection of sound educational practices, the health and safety of students and school personnel, and equal opportunities for learning.

The commissioner shall submit a monthly report to the State Board of Education a report that includes theany waiver requests forgranted whichby the commissionercommissioner. is recommending approval.

(c) (1) The State Board of Education shall review the report submitted by the commissioner pursuant to subsection (b) of this sectionsection. and make a written recommendation for approval or rejection of each innovation waiver request.

SuchThe writtenstate recommendationboard shallmay includerevoke ana explanationwaiver ofgranted by the reasonscommissioner whyif the state board determines that such waiver is suggestingnot approvalbased oron rejectionsound educational practices, endangers the health and safety of suchstudents innovationor waiverschool request.personnel, or compromises equal opportunities for learning.

In(d) consideringThe whether to approve or reject an innovation waiver request under this subsection, the state board shall recommendinclude approvala description of sucheach requestwaiver ifgranted thepursuant stateto boardthis determinessection thatin suchthe requestreport sufficientlysubmitted demonstratesto thatthe suchjoint waiverstanding requestcommittee isof basedthe onGeneral soundAssembly educationalhaving practices,cognizance protectsof thematters healthrelating andto safetyeducation ofpursuant studentsto orsection school10-4 personnel,of andthe ensuresgeneral equalstatutes. opportunities for learning.

(2)(e) TheNot later than January 1, 2019, the state board shall compilesubmit itsa report and any recommendations forconcerning approvalthe continuation of waiverthe requestscommissioner's intoauthority ato reportgrant and,waivers notpursuant laterto thanthis Marchsection fifteenthto the joint standing committee of eachthe schoolGeneral year,Assembly submithaving suchcognizance reportof tomatters therelating Generalto Assembly,education, in accordance with the provisions of section 11-4a of the general statutes.

(3) The state board shall compile its recommendations for rejection of waiver requests into a report and, not later than March fifteenth of each school year, submit such report to the General Assembly, in accordance with the provisions of section 11-4a.

(d) Not later than thirty days following receipt of the report submitted by the State Board of Education, pursuant to subdivision (2) of subsection (c) of this section, the General Assembly may, by joint resolution, disapprove any recommendations of the state board for approval of a waiver request.

If the General Assembly fails to disapprove such recommendations, in whole or in part, within such thirty-day period, such recommendations shall be deemed approved and the waiver request shall be deemed granted.

(e) The commissioner shall notify the local or regional board of education whether a submitted waiver request was granted or rejected.

If a waiver is granted, such waiver shall be valid for the period of time that such board of education is eligible to apply for a waiver under this section.

(f) The commissioner may revoke a waiver if the commissioner finds that the implementation of such waiver is not a sound educational practice, endangers health or safety of students or school personnel, or compromises equal opportunities for learning.

(g) Any local or regional board of education granted a waiver under this section shall (1) submit to the State Board of Education annual progress reports relating to the implementation of the waiver, (2) share, upon request, the results of such implementation with other local or regional boards of education, and (3) if such waiver is successful, provide instruction and training, upon request, to other local and regional boards of education regarding the implementation of such waiver.

(h) Not later than March 15, 2018, and annually thereafter, the commissioner shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the General Assembly containing any recommendations for legislation resulting from the implementation of any waiver request granted under this section.

Section 1 July 1, 2017 New section StatementED ofJoint Purpose:Favorable Subst.

To permit the Commissioner of Education to grant certain school districts waivers from certain state education mandates.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]