Substitute House Bill No. 5562
AN ACT ESTABLISHING THE OFFICE OF EARLY CHILDHOOD, EXPANDING OPPORTUNITIES FOR EARLY CHILDHOOD EDUCATION AND CONCERNING DYSLEXIA AND SPECIAL EDUCATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (Effective from passage) Not later than January 1, 2015, the Department of Education shall add "SLD - Dyslexia" under "Specific Learning Disabilities" in the "Primary Disability" section of the individualized education program form used by planning and placement teams for the provision of special education and related services to children requiring special education and related services.
Sec. 2. Subsection (f) of section 10-145a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(f) On and after July 1, 2006, any program of teacher preparation leading to professional certification shall include, as part of the curriculum, instruction in literacy skills and processes that reflects current research and best practices in the field of literacy training. Such instruction shall (1) be incorporated into requirements of student major and concentration, and (2) on and after July 1, 2015, include the detection and recognition of, and evidence-based interventions for, students with dyslexia.
Sec. 3. Subparagraph (D) of subdivision (8) of subsection (a) of section 10-76d of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(D) Immediately upon the formal identification of any child as a child requiring special education and at each planning and placement team meeting for such child, the responsible local or regional board of education shall inform the parent or guardian of such child or surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil of (i) the laws relating to special education, (ii) the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to special education, including the right of a parent, guardian or surrogate parent to withhold from enrolling such child in kindergarten, in accordance with the provisions of section 10-184, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education. If such parent, guardian, surrogate parent or pupil does not attend a planning and placement team meeting, the responsible local or regional board of education shall mail such information to such person.
Sec. 4. (NEW) (Effective from passage) (a) There is established an Office of Early Childhood. The office shall be under the direction of the Commissioner of Early Childhood, whose appointment shall be made by the Governor. Such appointment shall be in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act. The commissioner shall be responsible for implementing the policies and directives of the office. The commissioner shall have the authority to designate any employee as his or her agent to exercise all or part of the authority, powers and duties of the commissioner in his or her absence. Said office shall be within the Department of Education for administrative purposes.
(b) The office shall be responsible for:
(1) The delivery of services to young children and their families to ensure optimal health, safety and learning for each young child;
(2) Developing and implementing the early childhood information system, in accordance with the provisions of section 7 of this act;
(3) Developing and reporting on the early childhood accountability plan, in accordance with the provisions of section 8 of this act;
(4) Implementing a communications strategy for outreach to families, service providers and policymakers;
(5) Not later than September 1, 2014, beginning a state-wide longitudinal evaluation of the school readiness program examining the educational progress of children from prekindergarten programs to grade four, inclusive;
(6) Developing, coordinating and supporting public and private partnerships to aid early childhood initiatives;
(7) Developing and implementing a state-wide developmentally appropriate kindergarten assessment tool that measures a child's level of preparedness for kindergarten, but shall not be used as a measurement tool for program accountability;
(8) Creating a unified set of reporting requirements for the purpose of collecting the data elements necessary to perform quality assessments and longitudinal analysis;
(9) Comparing and analyzing data collected pursuant to reporting requirements created under subdivision (8) of this subsection with the data collected in the state-wide public school information system, pursuant to section 10-10a, as amended by this act, of the general statutes, for population-level analysis of children and families;
(10) Continually monitoring and evaluating all early care and education and child development programs and services, focusing on program outcomes in satisfying the health, safety, developmental and educational needs of all children, while retaining distinct separation between quality improvement services and child day care licensing services;
(11) Coordinating home visitation services across programs for young children;
(12) Providing information and technical assistance to persons seeking early care and education and child development programs and services;
(13) Assisting state agencies and municipalities in obtaining available federal funding for early care and education and child development programs and services;
(14) Providing technical assistance to providers of early care and education programs and services to obtain licensing and improve program quality;
(15) Establishing a quality rating and improvement system developed by the office that covers home-based, center-based and school-based early child care and learning;
(16) Maintaining an accreditation facilitation initiative to assist early childhood care and education program and service providers in achieving national standards and program improvement;
(17) Consulting with the Early Childhood Cabinet, established pursuant to section 10-16z of the general statutes, as amended by this act, and the Head Start advisory committee, established pursuant to section 10-16n of the general statutes, as amended by this act;
(18) Ensuring a coordinated and comprehensive state-wide system of professional development for providers and staff of early care and education and child development programs and services;
(19) Providing families with opportunities for choice in services including quality child care and community-based family-centered services;
(20) Integrating early childhood care and education and special education services;
(21) Promoting universal access to early childhood care and education;
(22) Ensuring nonduplication of monitoring and evaluation;
(23) Performing any other activities that will assist in the provision of early care and education and child development programs and services;
(24) Developing early learning and development standards to be used by early care and education providers; and
(25) Developing and implementing a performance-based evaluation system to evaluate licensed child day care centers, in accordance with the provisions of section 17b-749f of the general statutes, as amended by this act.
(c) The Office of Early Childhood may enter into memoranda of agreement with and accept donations from nonprofit and philanthropic organizations to accomplish the purposes of this section.
(d) The Office of Early Childhood shall constitute a successor department, in accordance with the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes, to (1) the Department of Education with respect to sections 8-210, 10-16n, 10-16p to 10-16s, inclusive, 10-16u, 10-16w, 10-16aa, 17b-749a, 17b-749c and 17b-749g to 17b-749i, inclusive, of the general statutes, as amended by this act; (2) the Department of Social Services (A) with respect to sections 17b-12, 17b-705a, 17b-730, 17b-733 to 17b-736, inclusive, 17b-738, 17b-739, 17b-749, 17b-749d to 17b-749f, inclusive, 17b-749j, 17b-749k, 17b-750 to 17b-751a, inclusive, 17b-751d and 17b-751e of the general statutes, as amended by this act, and (B) for the purpose of administering the child care development block grant pursuant to the Child Care and Development Block Grant Act of 1990; and (3) the Department of Public Health (A) with respect to sections 10a-194c, 12-634, 17a-28, 17a-101 and 19a-80f of the general statutes, as amended by this act, (B) for the purpose of regulating child day care services pursuant to sections 19a-77, 19a-79, 19a-80, 19a-82 and 19a-84 to 19a-87e, inclusive, of the general statutes, as amended by this act, (C) for the purpose of the conduct of regulation of youth camps, pursuant to sections 19a-420 to 19a-434, inclusive, of the general statutes, as amended by this act, and (D) for the purpose of administering the Maternal, Infant, and Early Childhood Home Visiting Program authorized under the Patient Protection and Affordable Care Act of 2010, P. L. 111-148.
Sec. 5. Section 4-5 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner on Aging, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans' Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services, the Commissioner of Early Childhood and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
Sec. 6. Section 10-16bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) On and after July 1, 2013, there shall be a coordinated system of early care and education and child development. The coordinated system of early care and education and child development shall consist of comprehensive and aligned policies, responsibilities, practices and services for young children and their families, including prenatal care and care for children from birth to eight years of age, inclusive, to ensure optimal health, safety and learning for each child, and that are in accordance with the plan developed by the planning director pursuant to section 10-16cc.
(b) The coordinated system of early care and education and child development shall (1) create a unified set of reporting requirements for the programs described in subdivision (1) of subsection (b) of section 10-16cc, for the purpose of collecting the data elements necessary to perform quality assessments and longitudinal analysis; (2) compare and analyze the data collected pursuant to reporting requirements created under subdivision (1) of this subsection with the data collected in the state-wide public school information system, pursuant to section 10-10a, for population-level analysis of children and families; (3) develop and update appropriate early learning standards and assessment tools for children from birth to five years of age, inclusive, that are age and developmentally appropriate and that are aligned with existing learning standards as of July 1, 2013, and assessment tools for students in grades kindergarten to twelve, inclusive; (4) continually monitor and evaluate all early childhood education and child care programs and services, focusing on program outcomes in satisfying the health, safety, developmental and educational needs of all children; (5) develop indicators that assess strategies designed to strengthen the family through parental involvement in a child's development and education, including children with special needs; (6) increase the availability of early childhood education and child care programs and services and encourage the providers of such programs and services to work together to create multiple options that allow families to participate in programs that serve the particular needs of each family; (7) provide information and technical assistance to persons seeking early childhood education and child care programs and services; (8) assist state agencies and municipalities in obtaining available federal funding for early childhood education and child care programs and services; (9) provide technical assistance and consultation to licensed providers of early childhood education and child care programs and services and assist any potential provider of such programs and services in obtaining the necessary licensure and certification; (10) incorporate the quality rating and improvement system developed by the Department of Education that covers home-based, center-based and school-based early child care and learning; (11) maintain a system of accreditation facilitation to assist early childhood education and child care programs and services in achieving national standards and program improvement; (12) create partnerships between state agencies and philanthropic organizations to assist in the implementation of the coordinated system of early care and education and child development; (13) align the system's policy and program goals with those of the Early Childhood Education Cabinet, pursuant to section 10-16z, and the Head Start advisory committee, pursuant to section 10-16n; (14) ensure a coordinated and comprehensive state-wide system of professional development for providers of early childhood education and child care programs and services; (15) develop family-centered services that assist families in their communities; (16) provide families with opportunities for choice in services including quality child care; (17) integrate early childhood education and special education services; (18) emphasize targeted research-based interventions; (19) organize services into a coherent system; (20) coordinate a comprehensive and accessible delivery system for early childhood education and child care services; (21) focus on performance measures to ensure that services are accountable, effective and accessible to the consumer; (22) promote universal access to early childhood care and education; (23) ensure nonduplication of monitoring and evaluation; (24) encourage, promote and coordinate funding for the establishment and administration of local and regional early childhood councils that implement local and regional birth-to-eight systems; and (25) perform any other activities that will assist in the provision of early childhood education and child care programs and services. ]
[(c) The coordinated system of early care and education and child development] The Office of Early Childhood shall collaborate with local and regional early childhood councils [to implement the coordinated system of] in the implementation of early care and education and child development programs at the local level. Such early childhood councils shall: (1) Develop and implement a comprehensive plan for an early childhood system for the community served by such early childhood council, (2) develop policy and program planning, (3) encourage community participation by emphasizing substantial parental involvement, (4) collect, analyze and evaluate data with a focus on program and service outcomes, (5) allocate resources, and (6) perform any other functions that will assist in the provision of early childhood programs and services. Such early childhood councils may enter into memoranda of agreement with the local or regional school readiness council, described in section 10-16r, of the town or region served by such early childhood council to perform the duties and functions of a school readiness council, in accordance with the provisions of [said] section 10-16r, as amended by this act, or if no such local or regional school readiness council exists for the town or region of such early childhood council, perform the duties and functions of a school readiness council, in accordance with the provisions of section 10-16r, as amended by this act.
[(d) The coordinated system of early care and education and child development may enter into memoranda of agreement with and accept donations from nonprofit and philanthropic organizations to accomplish the purposes of this section. ]
Sec. 7. (NEW) (Effective from passage) (a) The Office of Early Childhood shall develop and implement an early childhood information system. Such early childhood information system shall facilitate and encourage the sharing of data between and among early childhood service providers by tracking (1) the health, safety and school readiness of all young children receiving early care and education services from (A) any local or regional board of education, (B) school readiness program, as defined in section 10-16p of the general statutes, as amended by this act, or (C) any program receiving public funding, in a manner similar to the system described in section 10-10a, as amended by this act, of the general statutes, (2) the characteristics of the existing and potential workforce serving such children, (3) the characteristics of such programs serving such children, and (4) data collected, if any, from the preschool experience survey, described in section 86 of this act.
(b) Any local or regional board of education, school readiness program, or any child day care center as described in subdivision (1) of subsection (a) of section 19a-77, as amended by this act, of the general statutes and licensed by the Department of Public Health or the Office of Early Childhood, shall ensure that all children and all staff in a school under the jurisdiction of such board, program or center are entered into the early childhood information system.
Sec. 8. (NEW) (Effective from passage) (a) Not later than December 31, 2015, the Office of Early Childhood shall develop, in consultation with the Early Childhood Cabinet, established pursuant to section 10-16z, as amended by this act, of the general statutes, an early childhood accountability plan. Such plan shall (1) identify and define appropriate population indicators and program and system performance measures of the health, safety and readiness of children to enter kindergarten, and early school success of children, and shall identify any new or improved data required for such purposes; and (2) include aggregate information on the characteristics of children and programs tracked by the early childhood information system, developed pursuant to section 7 of this act, including, but not limited to, family income, whether the families of such children receive assistance through temporary assistance for needy families, pursuant to section 17b-112 of the general statutes, or a similar program, and the communities in which such children reside using a performance measurement accountability framework.
(b) Not later than July 1, 2015, and annually thereafter, the office shall develop report cards containing the indicators and performance measures identified in the early childhood accountability plan.
(c) Not later than January 15, 2016, the Office of Early Childhood shall (1) submit the early childhood accountability plan, and (2) annually report on the results of such plan and report cards to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 9. (Effective July 1, 2014) The Office of Early Childhood shall develop, in consultation with the Department of Education, a plan for (1) changing the date that a child must reach five years of age to be eligible to enroll in kindergarten under section 10-15c of the general statutes from January first of any school year to October first of any school year, and (2) the creation of spaces in school readiness programs and public and private prekindergarten programs for those children who reach five years of age after October first of any school year and are not eligible to enroll in kindergarten for such school year. Not later than June 30, 2015, the office shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 10. Section 10-14n of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section, "mastery examination" means an examination or examinations, approved by the State Board of Education, that measure essential and grade-appropriate skills in reading, writing, mathematics or science.
(b) (1) For the school year commencing July 1, 2013, and each school year thereafter, each student enrolled in grades three to eight, inclusive, and grade ten or eleven in any public school shall, annually, in March or April, take a mastery examination in reading, writing and mathematics.
(2) For the school year commencing July 1, 2013, and each school year thereafter, each student enrolled in grade five, eight, ten or eleven in any public school shall, annually, in March or April, take a state-wide mastery examination in science.
(c) Mastery examinations pursuant to subsection (b) of this section shall be provided by and administered under the supervision of the State Board of Education.
(d) The scores on each component of the mastery examination for each tenth or eleventh grade student may be included on the permanent record and transcript of each such student who takes such examination. For each tenth or eleventh grade student who meets or exceeds the state-wide mastery goal level on any component of the mastery examination, a certification of having met or exceeded such goal level shall be made on the permanent record and the transcript of each such student and such student shall be issued a certificate of mastery for such component. Each tenth or eleventh grade student who fails to meet the mastery goal level on each component of said mastery examination may annually take or retake each such component at its regular administration until such student scores at or above each such state-wide mastery goal level or such student graduates or reaches age twenty-one.
(e) No public school may require achievement of a satisfactory score on a mastery examination, or any subsequent retest on a component of such examination as the sole criterion of promotion or graduation.
[(f) Not later than April 1, 2014, the Commissioner of Education shall develop and implement a state-wide developmentally appropriate kindergarten assessment tool that measures a child's level of preparedness for kindergarten, but shall not be used as a measurement tool for program accountability pursuant to section 10-16s. ]
Sec. 11. Subsection (a) of section 10-266p of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The State Board of Education shall administer a priority school district grant program to assist certain school districts to improve student achievement and enhance educational opportunities. The grant program shall include the priority school district portions of the grant programs established pursuant to sections [10-16p,] 10-265f, 10-265m and 10-266t. The grant program and its component parts shall be for school districts in (1) the eight towns in the state with the largest population, based on the most recent federal decennial census, (2) towns which rank for the first fiscal year of each biennium from one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, plus the mastery count of the town, as defined in subdivision (13) of section 10-262f, and (3) towns which rank for the first fiscal year of each biennium one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the ratio of the number of children under the temporary family assistance program as so defined to the resident students of such town, as defined in subdivision (22) of section 10-262f, plus the grant mastery percentage of the town, as defined in subdivision (12) of section 10-262f. The State Board of Education shall utilize the categorical grant program established under this section and sections 10-266q and 10-266r and other educational resources of the state to work cooperatively with such school districts during any school year to improve their educational programs or [to provide early childhood education or] early reading intervention programs. The component parts of the grant shall be allocated according to the provisions of sections [10-16p,] 10-265f, 10-265m and 10-266t. Subject to the provisions of subsection (c) of section 10-276a, the State Board of Education shall allocate one million dollars to each of the eight towns described in subdivision (1) of this subsection and five hundred thousand dollars to each of the towns described in subdivisions (2) and (3) of this subsection, except the towns described in subdivision (1) of this subsection shall not receive any additional allocation if they are also described in subdivision (2) or (3) of this subsection.
Sec. 12. Section 10-16n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Education, in consultation with the Commissioner of Social Services,] Early Childhood shall establish a competitive grant program to assist nonprofit agencies and local and regional boards of education, which are federal Head Start grantees, in (1) establishing extended-day and full-day, year-round, Head Start programs or expanding existing Head Start programs to extended-day or full-day, year-round programs, (2) enhancing program quality, and (3) increasing the number of children served. The commissioner, after consultation with the committee established pursuant to subsection (c) of this section, shall establish criteria for the grants, provided at least twenty-five per cent of the funding for such grants shall be for the purpose of enhancing program quality. Nonprofit agencies or boards of education seeking grants pursuant to this section shall make application to the [Commissioner of Education] commissioner on such forms and at such times as the commissioner shall prescribe. All grants pursuant to this section shall be funded within the limits of available appropriations or otherwise from federal funds and private donations. All full-day, year-round Head Start programs funded pursuant to this section shall be in compliance with federal Head Start performance standards.
(b) The [Department of Education] Office of Early Childhood shall annually allocate to each town in which the number of children under the [aid to dependent children] temporary family assistance program, as defined in subdivision [(14)] (17) of section 10-262f, equals or exceeds nine hundred children, determined for the fiscal year ending June 30, 1996, an amount equal to one hundred fifty thousand dollars plus eight and one-half dollars for each child under the [aid to dependent children] temporary family assistance program, provided such amount may be reduced proportionately so that the total amount awarded pursuant to this subsection does not exceed two million seven hundred thousand dollars. The [department] office shall award grants to the local and regional boards of education for such towns and nonprofit agencies located in such towns which meet the criteria established pursuant to subsection (a) of this section to maintain the programs established or expanded with funds provided pursuant to this subsection in the fiscal years ending June 30, 1996, and June 30, 1997. Any funds remaining in the allocation to such a town after grants are so awarded shall be used to increase allocations to other such towns. Any funds remaining after grants are so awarded to boards of education and nonprofit agencies in all such towns shall be available to local and regional boards of education and nonprofit agencies in other towns in the state for grants for such purposes.
(c) There is established a committee to advise the [Commissioner of Education] commissioner concerning the coordination, priorities for allocation and distribution, and utilization of funds for Head Start and concerning the competitive grant program established under this section, and to evaluate programs funded pursuant to this section. The committee shall consist of the following members: (1) One member designated by the [Commissioner of Social Services] commissioner; (2) six members who are directors of Head Start programs, two from community action agency program sites or school readiness liaisons, one of whom shall be appointed by the president pro tempore of the Senate and one by the speaker of the House of Representatives, two from public school program sites, one of whom shall be appointed by the majority leader of the Senate and one by the majority leader of the House of Representatives, and two from other nonprofit agency program sites, one of whom shall be appointed by the minority leader of the Senate and one by the minority leader of the House of Representatives; (3) one member designated by the Commission on Children; (4) one member designated by the Early Childhood [Education] Cabinet, established pursuant to section 10-16z, as amended by this act; (5) two members designated by the Head Start Association, one of whom shall be the parent of a present or former Head Start student; (6) one member designated by the Connecticut Association for Community Action who shall have expertise and experience concerning Head Start; (7) one member designated by the Region I Office of Head Start within the federal Administration of Children and Families of the Department of Health and Human Services; and (8) the director of the Head Start Collaboration Office.
(d) The [Commissioner of Education] commissioner may adopt regulations, in accordance with the provisions of chapter 54, for purposes of this section.
Sec. 13. Section 10-16p of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) As used in sections 10-16o to 10-16s, inclusive, 10-16u, as amended by this act, 17b-749a, as amended by this act, and 17b-749c, as amended by this act:
(1) "School readiness program" means a nonsectarian program that (A) meets the standards set by the [department] Office of Early Childhood pursuant to subsection (b) of this section and the requirements of section 10-16q, as amended by this act, and (B) provides a developmentally appropriate learning experience of not less than four hundred fifty hours and one hundred eighty days for eligible children, except as provided in subsection (d) of section 10-16q, as amended by this act;
(2) "Eligible children" means children three and four years of age and children five years of age who are not eligible to enroll in school pursuant to section 10-15c, or who are eligible to enroll in school and will attend a school readiness program pursuant to section 10-16t;
(3) "Priority school" means a school in which forty per cent or more of the lunches served are served to students who are eligible for free or reduced price lunches pursuant to federal law and regulations, excluding such a school located in a priority school district pursuant to section 10-266p, as amended by this act, or in a former priority school district receiving a grant pursuant to subsection (c) of this section and, on and after July 1, 2001, excluding such a school in a transitional school district receiving a grant pursuant to section 10-16u, as amended by this act;
(4) "Severe need school" means a school in a priority school district pursuant to section 10-266p, as amended by this act, or in a former priority school district in which forty per cent or more of the lunches served are served to students who are eligible for free or reduced price lunches;
(5) "Accredited" means accredited by the National Association for the Education of Young Children, a Head Start on-site program review instrument or a successor instrument pursuant to federal regulations, or otherwise meeting such criteria as may be established by the commissioner, [in consultation with the Commissioner of Social Services,] unless the context otherwise requires;
(6) "Year-round" means fifty weeks per year, except as provided in subsection (d) of section 10-16q, as amended by this act;
(7) "Commissioner" means the Commissioner of [Education] Early Childhood; [and]
[(8) "Department" means the Department of Education. ]
(8) "Office" means the Office of Early Childhood; and
(9) "Seeking accreditation" means a school readiness program seeking accreditation by the National Association for the Education of Young Children or a Head Start on-site program review instrument or successor instrument pursuant to federal regulations, or attempting to meet criteria as may be established by the commissioner.
(b) (1) The [Department of Education] office shall be the lead agency for school readiness. For purposes of this section and section 10-16u, as amended by this act, school readiness program providers eligible for funding from the [Department of Education] office shall include local and regional boards of education, regional educational service centers, family resource centers and providers of child day care centers, as defined in section 19a-77, as amended by this act, Head Start programs, preschool programs and other programs that meet such standards established by the [Commissioner of Education] commissioner. The [department] office shall establish standards for school readiness programs. The standards may include, but need not be limited to, guidelines for staff-child interactions, curriculum content, including preliteracy development, lesson plans, parent involvement, staff qualifications and training, transition to school and administration. The [department] office shall develop age-appropriate developmental skills and goals for children attending such programs. The commissioner, in consultation with the president of the Board of Regents for Higher Education, the [Commissioner of] Commissioners of Education and Social Services and other appropriate entities, shall develop a professional development program for the staff of school readiness programs.
(2) For purposes of this section:
(A) Prior to July 1, 2015, "staff qualifications" means there is in each classroom an individual who has at least the following: (i) A childhood development associate credential or an equivalent credential issued by an organization approved by the [Commissioner of Education] commissioner and twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Board of Regents for Higher Education, after consultation with the [Commissioners of Education and Social Services] commissioner, from an institution of higher education (I) accredited by the Board of Regents for Higher Education or [State Board of Education] Office of Higher Education, and (II) regionally accredited; (ii) an associate's degree with twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Board of Regents for Higher Education, after consultation with the [Commissioners of Education and Social Services] commissioner, from such an institution; (iii) a four-year degree with twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Board of Regents for Higher Education, after consultation with the [Commissioners of Education and Social Services] commissioner, from such an institution; or (iv) certification pursuant to section 10-145b with an endorsement in early childhood education or special education;
(B) From July 1, 2015, [to] until June 30, 2020, "staff qualifications" means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child day care program or school readiness program, (i) at least fifty per cent of those individuals with the primary responsibility for a classroom of children hold (I) certification pursuant to section 10-145b with an endorsement in early childhood education or early childhood special education, or (II) a bachelor's degree with a concentration in early childhood education, including, but not limited to, a bachelor's degree in early childhood education, child study, child development or human growth and development, from an institution of higher education accredited by the Board of Regents for Higher Education or Office of Higher Education, and regionally accredited, provided such bachelor's degree program is approved by the Board of Regents for Higher Education or the Office of Higher Education and the [Department of Education] Office of Early Childhood, and (ii) such remaining individuals with the primary responsibility for a classroom of children hold an associate degree with a concentration in early childhood education, including, but not limited to, an associate's degree in early childhood education, child study, child development or human growth and development, from an institution of higher education (I) accredited by the Board of Regents for Higher Education or Office of Higher Education, and (II) regionally accredited, provided such associate degree program is approved by the Board of Regents for Higher Education or the Office of Higher Education and the [Department of Education] Office of Early Childhood; and
(C) On and after July 1, 2020, "staff qualifications" means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child day care program or school readiness program, one hundred per cent of those individuals with the primary responsibility for a classroom of children hold (i) certification pursuant to section 10-145b with an endorsement in early childhood education or early childhood special education, or (ii) a bachelor's degree with a concentration in early childhood education, including, but not limited to, a bachelor's degree in early childhood education, child study, child development or human growth and development, from an institution of higher education (I) accredited by the Board of Regents for Higher Education or [State Board of Education] the Office of Higher Education, and (II) regionally accredited, provided such bachelor's degree program is approved by the Board of Regents for Higher Education or the Office of Higher Education and the [Department of Education] Office of Early Childhood.
(3) Any individual with a bachelor's degree in early childhood education or child development or a bachelor's degree and twelve credits or more in early childhood education or child development, who, on or before June 30, 2015, is employed [as a teacher] by an early childhood education program that accepts state funds for infant, toddler and preschool spaces associated with such program's child day care program or school readiness program [and meets the staff qualifications required under subparagraph (A) of subdivision (2) of this subsection] shall be considered to meet the staff qualifications required under subparagraphs (B) and (C) of subdivision (2) of this subsection. No such early childhood education program shall terminate any such individual from employment for purposes of meeting the staff qualification requirements set forth in subparagraph (B) or (C) of subdivision (2) of this subsection. [Any such individual who terminates his or her employment with such early childhood education program and accepts a teacher position at another early childhood education program accepting state funds for spaces associated with such program's child day care program or school readiness program shall submit documentation of such individual's progress toward meeting the staff qualification requirements set forth in subparagraph (B) or (C) of subdivision (2) of this subsection in a manner determined by the Department of Education. ]
(4) Any individual with a bachelor's degree in early childhood education or child development or a bachelor's degree and twelve credits or more in early childhood education or child development, other than those bachelor's degrees specified in subparagraphs [(A) and] (B) and (C) of subdivision (2) of this subsection, may submit documentation concerning such degree for review and assessment by the [Department of Education] office as to whether such degree has a sufficient concentration in early childhood education so as to satisfy the requirements set forth in said subparagraphs [(A) and] (B) and (C).
(c) The [Commissioner of Education, in consultation with the Commissioner of Social Services,] commissioner shall establish a grant program to provide spaces in accredited school readiness programs for eligible children who reside in priority school districts pursuant to section 10-266p, as amended by this act, or in former priority school districts as provided in this subsection. Under the program, the grant shall be provided, in accordance with this section, to the town in which such priority school district or former priority school district is located. Eligibility shall be determined for a five-year period based on an applicant's designation as a priority school district for the initial year of application, except that if a school district that receives a grant pursuant to this subsection is no longer designated as a priority school district at the end of such five-year period, such former priority school district shall continue to be eligible to receive a grant pursuant to this subsection. Grant awards shall be made annually contingent upon available funding and a satisfactory annual evaluation. The chief elected official of such town and the superintendent of schools for such priority school district or former priority school district shall submit a plan for the expenditure of grant funds and responses to the local request for proposal process to the [Departments of Education and Social Services. The departments shall jointly review such plans and shall each approve the portion of such plan within its jurisdiction for funding] commissioner. The commissioner shall review and approve such plans. The plan shall: (1) Be developed in consultation with the local or regional school readiness council established pursuant to section 10-16r, as amended by this act; (2) be based on a needs and resource assessment; (3) provide for the issuance of requests for proposals for providers of accredited school readiness programs, provided, after the initial requests for proposals, facilities that have been approved to operate a child care program financed through the Connecticut Health and Education Facilities Authority and have received a commitment for debt service from the Department of Social Services, pursuant to section 17b-749i, as amended by this act, on or before June 30, 2014, and on or after July 1, 2014, from the office, are exempt from the requirement for issuance of annual requests for proposals; and (4) identify the need for funding pursuant to section 17b-749a, as amended by this act, in order to extend the hours and days of operation of school readiness programs in order to provide child day care services for children attending such programs.
(d) (1) The [Commissioner of Education, in consultation with the Commissioner of Social Services,] commissioner shall establish a competitive grant program to provide spaces in accredited school readiness programs or school readiness programs seeking accreditation for eligible children who reside (A) in an area served by a priority school or a former priority school, [as provided for in subdivision (2) of this subsection,] (B) in a town ranked one to fifty when all towns are ranked in ascending order according to town wealth, as defined in subdivision (26) of section 10-262f, whose school district is not a priority school district pursuant to section 10-266p, as amended by this act, [or] (C) in a town formerly a town described in subparagraph (B) of this subdivision, as provided for in subdivision (2) of this subsection, or (D) in a town designated as an alliance district, as defined in section 10-262u, whose school district is not a priority school district pursuant to section 10-266p, as amended by this act. A town in which a priority school is located, a regional school readiness council, pursuant to subsection (c) of section 10-16r, for a region in which such a school is located or a town described in subparagraph (B) of this subdivision may apply for such a grant in an amount not [to exceed] less than one hundred seven thousand dollars per priority school or town. Eligibility shall be determined for a five-year period based on an applicant's designation as having a priority school or being a town described in subparagraph (B) of this subdivision for the initial year of application. Grant awards shall be made annually contingent upon available funding and a satisfactory annual evaluation. The chief elected official of such town and the superintendent of schools of the school district or the regional school readiness council shall submit a plan, as described in subsection (c) of this section, for the expenditure of such grant funds to the [Department of Education] commissioner. In awarding grants pursuant to this subsection, the commissioner shall give preference to applications submitted by regional school readiness councils and may, within available appropriations, provide a grant [in excess of one hundred seven thousand dollars to towns with two or more priority schools in such district] to such town or regional school readiness council that increases the number of spaces for eligible children who reside in an area or town described in subparagraphs (A) to (D), inclusive, of this subdivision, in an accredited school readiness program or a school readiness program seeking accreditation. A town or regional school readiness council awarded a grant pursuant to this subsection shall use the funds to purchase spaces for such children from providers of accredited school readiness programs or school readiness programs seeking accreditation.
(2) (A) Except as provided in subparagraph (C) of this subdivision, commencing with the fiscal year ending June 30, 2005, if a town received a grant pursuant to subdivision (1) of this subsection and is no longer eligible to receive such a grant, the town may receive a phase-out grant for each of the three fiscal years following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection.
(B) The amount of such phase-out grants shall be determined as follows: (i) For the first fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed seventy-five per cent of the grant amount such town received for the town or school's final year of eligibility pursuant to subdivision (1) of this subsection; (ii) for the second fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed fifty per cent of the grant amount such town received for the town's or school's final year of eligibility pursuant to subdivision (1) of this subsection; and (iii) for the third fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed twenty-five per cent of the grant amount such town received for the town's or school's final year of eligibility pursuant to subdivision (1) of this subsection.
(C) For the fiscal year ending June 30, 2011, and each fiscal year thereafter, any town that received a grant pursuant to subparagraph (B) of subdivision (1) of this subsection for the fiscal year ending June 30, 2010, shall continue to receive a grant under this subsection even if the town no longer meets the criteria for such grant pursuant to subparagraph (B) of subdivision (1) of this subsection.
(e) (1) For the fiscal year ending June 30, 2009, and each fiscal year thereafter, priority school districts and former priority school districts shall receive grants based on the sum of the products obtained by (A) multiplying the district's number of contracted slots on March thirtieth of the fiscal year prior to the fiscal year in which the grant is to be paid, by the per child cost pursuant to subdivision [(2)] (1) of subsection (b) of section 10-16q, as amended by this act, except that such per child cost shall be reduced for slots that are less than year-round, and (B) multiplying the number of additional or decreased slots the districts have requested for the fiscal year in which the grant is to be paid by the per child cost pursuant to subdivision [(2)] (1) of subsection (b) of section 10-16q, as amended by this act, except such per child cost shall be reduced for slots that are less than year-round. If said sum exceeds the available appropriation, such number of requested additional slots shall be reduced, as determined by the [Commissioner of Education] commissioner, to stay within the available appropriation.
(2) (A) If funds appropriated for the purposes of subsection (c) of this section are not expended, the [Commissioner of Education] commissioner may deposit such unexpended funds in the account established under section 10-16aa, as amended by this act, and use such unexpended funds in accordance with the provisions of section 10-16aa, as amended by this act.
(B) For the fiscal year ending June 30, [2012] 2015, and each fiscal year thereafter, if funds appropriated for the purposes of subsection (c) of this section are not expended, an amount up to five hundred thousand dollars of such unexpended funds may be available for the provision of professional development for early childhood care and education program providers, [offered by a professional development and program improvement system within the Connecticut State University System] and staff employed in such programs, provided such programs accept state funds for infant, toddler and preschool slots. Such unexpended funds may be available for use in accordance with the provisions of this subparagraph for the subsequent fiscal year. The [Commissioner of Education] commissioner may use such unexpended funds on and after [July 1, 2012, in consultation with the president of the Board of Regents for Higher Education] July 1, 2015, to support early childhood education programs accepting state funds in satisfying the staff qualifications requirements of subparagraphs (B) and (C) of subdivision (2) of subsection (b) of this section. The [Department of Education] commissioner shall use any such funds to provide assistance to individual staff members, giving priority to those staff members (i) attending an institution of higher education [(i)] accredited by the Board of Regents for Higher Education or [State Board of Education] the Office of Higher Education, and approved by the Office of Early Childhood, and [(ii)] regionally accredited, at a maximum of five thousand dollars per staff member per year for the cost of higher education courses leading to a bachelor's degree or, not later than December 31, [2013] 2015, an associate's degree, as such degrees are described in said subparagraphs (B) and (C), [at an in-state public institution of higher education or a Connecticut-based for-profit or nonprofit institution of higher education] or (ii) receiving noncredit competency-based training approved by the office, at a maximum of one thousand dollars per staff member per year, provided such staff members have applied for all available federal and state scholarships and grants, and such assistance does not exceed such staff members' financial need. Individual staff members shall apply for such unexpended funds in a manner determined by the [Department of Education] commissioner. The [Commissioner of Education] commissioner shall determine [, in consultation with the president of the Board of Regents for Higher Education,] how such unexpended funds shall be distributed.
(C) If funds appropriated for the purposes of subsection (c) of this section are not expended pursuant to subsection (c) of this section, deposited pursuant to subparagraph (A) of this subdivision, or used pursuant to subparagraph (B) of this subdivision, the [Commissioner of Education] commissioner may use such unexpended funds to support local school readiness programs. The commissioner may use such funds for purposes including, but not limited to, (i) assisting local school readiness programs in meeting and maintaining accreditation requirements, (ii) providing training in implementing the preschool assessment and curriculum frameworks, including training to enhance literacy teaching skills, (iii) developing a state-wide preschool curriculum, (iv) developing student assessments for students in grades kindergarten to two, inclusive, (v) developing and implementing best practices for parents in supporting preschool and kindergarten student learning, (vi) developing and implementing strategies for children to transition from preschool to kindergarten, (vii) providing for professional development, including assisting in career ladder advancement, for school readiness staff, [and] (viii) providing supplemental grants to other towns that are eligible for grants pursuant to subsection (c) of this section, and (ix) developing a plan to provide spaces in an accredited school readiness program or a school readiness program seeking accreditation to all eligible children who reside in an area or town described in subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (d) of section 10-16p, as amended by this act.
(3) Notwithstanding subdivision (2) of this subsection, for the fiscal years ending June 30, [2008] 2015, to June 30, [2013] 2016, inclusive, the [Department of Education] office may retain up to one hundred ninety-eight thousand two hundred dollars of the amount appropriated for purposes of this section for coordination, program evaluation and administration.
(f) Any school readiness program that receives funds pursuant to this section or section 10-16u, as amended by this act, shall not discriminate on the basis of race, color, national origin, gender, religion or disability. For purposes of this section, a nonsectarian program means any public or private school readiness program that is not violative of the Establishment Clause of the Constitution of the State of Connecticut or the Establishment Clause of the Constitution of the United States of America.
(g) Subject to the provisions of this subsection, no funds received by a town pursuant to subsection (c) or (d) of this section or section 10-16u, as amended by this act, shall be used to supplant federal, state or local funding received by such town for early childhood education, provided a town may use an amount determined in accordance with this subsection for coordination, program evaluation and administration. Such amount shall be at least twenty-five thousand dollars but not more than seventy-five thousand dollars and shall be determined by the [Department of Education, in consultation with the Department of Social Services,] commissioner based on the school readiness grant award allocated to the town pursuant to subsection (c) or (d) of this section or section 10-16u, as amended by this act, and the number of operating sites for coordination, program evaluation and administration. Such amount shall be increased by an amount equal to local funding provided for early childhood education coordination, program evaluation and administration, not to exceed twenty-five thousand dollars. Each town that receives a grant pursuant to subsection (c) or (d) of this section or section 10-16u, as amended by this act, shall designate a person to be responsible for such coordination, program evaluation and administration and to act as a liaison between the town and the [Departments of Education and Social Services] commissioner. Each school readiness program that receives funds pursuant to this section or section 10-16u, as amended by this act, shall provide information to the [department] commissioner or the school readiness council, as requested, that is necessary for purposes of any school readiness program evaluation.
(h) [For the first three years a town receives grants] Any town receiving a grant pursuant to this section [,] may use such [grants may be used] grant, with the approval of the commissioner, to prepare a facility or staff for operating a school readiness program and shall be adjusted based on the number of days of operation of a school readiness program if a shorter term of operation is approved by the commissioner.
(i) A town may use grant funds to purchase spaces for eligible children who reside in such town at an accredited school readiness program located in another town. A regional school readiness council may use grant funds to purchase spaces for eligible children who reside in the region covered by the council at an accredited school readiness program located outside such region.
(j) Children enrolled in school readiness programs funded pursuant to this section shall not be counted (1) as resident students for purposes of subdivision (22) of section 10-262f, or (2) in the determination of average daily membership pursuant to subdivision (2) of subsection (a) of section 10-261.
(k) Up to two per cent of the amount of the appropriation for this section may be allocated to the competitive grant program pursuant to subsection (d) of this section. The determination of the amount of such allocation shall be made on or before August first.
Sec. 14. Section 10-16q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Each school readiness program shall include: (1) A plan for collaboration with other community programs and services, including public libraries, and for coordination of resources in order to facilitate full-day and year-round child care and education programs for children of working parents and parents in education or training programs; (2) parent involvement, parenting education and outreach; (3) (A) record-keeping policies that require documentation of the name and address of each child's doctor, primary care provider and health insurance company and information on whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d, and (B) referrals for health services, including referrals for appropriate immunizations and screenings; (4) a plan for the incorporation of appropriate preliteracy practices and teacher training in such practices; (5) nutrition services; (6) referrals to family literacy programs that incorporate adult basic education and provide for the promotion of literacy through access to public library services; (7) admission policies that promote enrollment of children from different racial, ethnic and economic backgrounds and from other communities; (8) a plan of transition for participating children from the school readiness program to kindergarten and provide for the transfer of records from the program to the kindergarten program; (9) a plan for professional development for staff, including, but not limited to, training (A) in preliteracy skills development, and (B) designed to assure respect for racial and ethnic diversity; (10) a sliding fee scale for families participating in the program pursuant to section 17b-749d, as amended by this act; and (11) an annual evaluation of the effectiveness of the program. [On and after July 1, 2000, school readiness programs shall use the assessment measures developed pursuant to section 10-16s in conducting their annual evaluations. ]
[(b) (1) For the fiscal year ending June 30, 2006, the per child cost of the Department of Education school readiness component of the program offered by a school readiness provider shall not exceed six thousand six hundred fifty dollars. ]
[(2)] (b) (1) For the fiscal year ending June 30, [2009] 2015, and each fiscal year thereafter, the per child cost of the [Department of Education] Office of Early Childhood school readiness program offered by a school readiness provider shall not exceed eight thousand [three] six hundred [forty-six] seventy dollars.
[(3)] (2) Notwithstanding the provisions of subsection (e) of section 10-16p, as amended by this act, the [Department of Education] office shall not provide funding to any school readiness provider that (A) for the school year commencing July 1, 2015, and each school year thereafter, is a local or regional board of education that does not collect preschool experience data using the preschool experience survey, described in section 86 of this act, and make such data available for inclusion in the public school information system, pursuant to section 10-10a, as amended by this act, (B) on or before January 1, 2004, first entered into a contract with a town to provide school readiness services pursuant to this section and is not accredited on January 1, 2007, or [(B)] (C) after January 1, 2004, first entered into a contract with a town to provide school readiness services pursuant to this section and does not become accredited by the date three years after the date on which the provider first entered into such a contract, except that the [Commissioner of Education] commissioner may grant an extension of time for a school readiness program to become accredited or reaccredited, provided (i) prior to such extension, the [Department of Education] office conducts an on-site assessment of any such program and maintains a report of such assessment completed in a uniform manner, as prescribed by the commissioner, that includes a list of conditions such program must fulfill to become accredited or reaccredited, (ii) on or before June 30, 2014, the program is licensed by the Department of Public Health if required to be licensed by chapter 368a, and on and after July 1, 2014, the program is licensed by the office if required to be licensed by chapter 368a, (iii) the program has a corrective action plan that shall be prescribed by and monitored by the [Commissioner of Education] office, and (iv) the program meets such other conditions as may be prescribed by the commissioner. During the period of such extension, such program shall be eligible for funding pursuant to [said] section 10-16p, as amended by this act.
[(4)] (3) A school readiness provider may provide child day care services and the cost of such child day care services shall not be subject to such per child cost limitation.
(c) A local or regional board of education may implement a sliding fee scale for the cost of services provided to children enrolled in a school readiness program.
(d) A town or school readiness council may file a waiver application to the [Department of Education] office on forms provided by the [department] office for the purpose of seeking approval of a school readiness schedule that varies from the minimum hours and number of days provided for in subdivision (1) of subsection (a) of section 10-16p, as amended by this act, or from the definition of a year-round program pursuant to subdivision [(7) of said] (6) of subsection (a) of section 10-16p, as amended by this act. The [Department of Education] office may [, in consultation with the Department of Social Services,] approve any such waiver if the [departments find] office finds that the proposed schedule meets the purposes set forth in the provisions of section 10-16o concerning the development of school readiness programs and maximizes available dollars to serve more children or address community needs.
Sec. 15. Section 10-16r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) A town seeking to apply for a grant pursuant to subsection (c) of section 10-16p, as amended by this act, or section 10-16u, as amended by this act, shall convene a local school readiness council or shall establish a regional school readiness council pursuant to subsection (c) of this section. Any other town may convene such a council. The chief elected official of the town or, in the case of a regional school district, the chief elected officials of the towns in the school district and the superintendent of schools for the school district shall jointly appoint and convene such council. Each school readiness council shall be composed of: (1) The chief elected official, or the official's designee; (2) the superintendent of schools, or a management level staff person as the superintendent's designee; (3) parents; (4) representatives from local programs such as Head Start, family resource centers, nonprofit and for-profit child day care centers, group day care homes, prekindergarten and nursery schools, and family day care home providers; (5) a representative from a health care provider in the community; and (6) other representatives from the community who provide services to children. The chief elected official shall designate the chairperson of the school readiness council.
(b) The local school readiness council shall: (1) Make recommendations to the chief elected official and the superintendent of schools on issues relating to school readiness, including any applications for grants pursuant to sections 10-16p, as amended by this act, 10-16u, as amended by this act, 17b-749a, as amended by this act, and 17b-749c, as amended by this act; (2) foster partnerships among providers of school readiness programs; [(3) assist in the identification of (A) the need for school readiness programs and the number of children not being served by such a program, and (B) for priority school districts pursuant to section 10-266p, the number of children not being served by such a program and the estimated operating cost of providing universal school readiness to eligible children in such districts who are not being served; (4)] (3) submit biennial reports to the Department of Education on the number and location of school readiness spaces and estimates of [future needs; (5) submit biennial reports on factors identified pursuant to subdivision (3) of this subsection; (6)] the number of children not being served by school readiness programs and the estimated cost of providing spaces to all eligible children, as described in subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (d) of section 10-16p, as amended by this act, in an accredited school readiness program or a school readiness program seeking accreditation; (4) cooperate with the department in any program evaluation and, on and after July 1, 2000, use measures developed pursuant to section 10-16s for purposes of evaluating the effectiveness of school readiness programs; [(7)] (5) identify existing and prospective resources and services available to children and families; [(8)] (6) facilitate the coordination of the delivery of services to children and families, including (A) referral procedures, and (B) before and after-school child care for children attending kindergarten programs; [(9)] (7) exchange information with other councils, the community and organizations serving the needs of children and families; [(10)] (8) make recommendations to school officials concerning transition from school readiness programs to kindergarten; and [(11)] (9) encourage public participation.
(c) Two or more towns or school districts and appropriate representatives of groups or entities interested in early childhood education in a region may establish a regional school readiness council. If a priority school is located in at least one of such school districts, the regional school readiness council may apply for a grant pursuant to subsection (d) of section 10-16p, as amended by this act. The regional school readiness council may perform the duties outlined in subdivisions (2) to [(10)] (8), inclusive, of subsection (b) of this section.
Sec. 16. Section 10-16u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
For the fiscal year ending June 30, [2002] 2015, and each fiscal year thereafter, the Commissioner of [Education, in consultation with the Commissioner of Social Services,] Early Childhood shall provide grants, within available appropriations, to eligible school readiness program providers pursuant to subsection (b) of section 10-16p, as amended by this act, to provide spaces in accredited school readiness programs for eligible children who reside in transitional school districts pursuant to section 10-263c, except for transitional school districts eligible for grants pursuant to subsection (c) of section 10-16p, as amended by this act. Under the program, the grant shall be provided to the town in which such transitional school district is located. Eligibility shall be determined for a five-year period based on a school district's designation as a transitional school district in the initial year of application, except that grants pursuant to this section shall not be provided for transitional school districts eligible for grants pursuant to subsection (c) of [said] section 10-16p, as amended by this act. Grant awards shall be made annually contingent upon available funding and a satisfactory annual evaluation. The chief elected official of such town and the superintendent of schools for such transitional school district shall submit a plan for the expenditure of grant funds and responses to the local request for proposal process to the [Departments of Education and Social Services. The departments shall jointly review such plans and shall each approve the portion of such plan within its jurisdiction for funding. The plan shall] commissioner. The commissioner shall review and approve such plans, provided such plans meet the requirements specified in subsection (c) of [said] section 10-16p, as amended by this act.
Sec. 17. Section 10-16w of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
[Within available appropriations, the Commissioner of Education] The Commissioner of Early Childhood shall provide, within available appropriations, technical assistance and training to [school readiness programs] early childhood providers to assist in the [application of preschool curriculum guidelines adopted by the State Board of Education] implementation of the early learning and development standards developed by the Office of Early Childhood, pursuant to section 4 of this act.
Sec. 18. Section 10-16z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) There is established the Early Childhood [Education] Cabinet. The cabinet shall consist of: (1) The Commissioner of Early Childhood, or the commissioner's designee, (2) the Commissioner of Education, or the commissioner's designee, [(2) one representative from the Department of Education who is responsible for programs required under the Individuals With Disabilities Education Act, 20 USC 1400 et seq. , as amended from time to time, appointed by the Commissioner of Education,] (3) the Commissioner of Social Services, or the commissioner's designee, (4) [a representative from an institution of higher education in this state appointed by] the president of the Board of Regents for Higher Education, or the president's designee, (5) the Commissioner of Public Health, or the commissioner's designee, (6) the Commissioner of Developmental Services, or the commissioner's designee, (7) the Commissioner of Children and Families, or the commissioner's designee, (8) the executive director of the Commission on Children, or the executive director's designee, (9) the project director of the Connecticut Head Start State Collaboration Office, (10) a parent or guardian of a child who attends or attended a school readiness program appointed by the minority leader of the House of Representatives, (11) a representative of a local provider of early childhood education appointed by the minority leader of the Senate, (12) a representative of the Connecticut Family Resource Center Alliance appointed by the majority leader of the House of Representatives, (13) a representative of a state funded child care center appointed by the majority leader of the Senate, (14) two appointed by the speaker of the House of Representatives, one of whom is a member of [the House of Representatives] a board of education for a town designated as an alliance district, as defined in section 10-262u, and one of whom is a parent who has a child attending a school in [a priority school district] an educational reform district, as defined in section 10-262u, (15) two appointed by the president pro tempore of the Senate, one of whom is [a member of the Senate] a representative of an association of early education and child care providers and one of whom is a representative of a public elementary school with a prekindergarten program, (16) [two] four appointed by the Governor, one of whom is a representative of the Connecticut Head Start Association, [and] one of whom is a representative of the business [or philanthropic] community in this state, one of whom is a representative of the philanthropic community in this state and one of whom is a representative of the Connecticut State Employees Association, and (17) the Secretary of the Office of Policy and Management, or the secretary's designee. [The chairperson of the council shall be appointed from among its members by the Governor. ]
(b) The Commissioner of Early Childhood shall serve as a cochairperson of the cabinet. The other cochairperson of the cabinet shall be appointed from among its members by the Governor. The cabinet shall meet at least quarterly. Members shall not be compensated for their services. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the cabinet.
[(b)] (c) Within available [appropriations and such private funding as may be available] resources, the Early Childhood [Education] Cabinet shall (1) [coordinate among state agencies, as well as public and private partnerships, the development of services that enhance the health, safety and learning of children from birth to nine years of age, inclusive] advise the Office of Early Childhood, established pursuant to section 4 of this act, (2) not later than December 1, 2009, and annually thereafter, develop an annual plan of action that assigns the appropriate state agency to complete the tasks specified in the federal Head Start Act of 2007, P. L. 110-134, as amended from time to time, and (3) not later than March 1, 2010, and annually thereafter, submit an annual state-wide strategic report, pursuant to said federal Head Start Act, in accordance with the provisions of section 11-4a, addressing the progress such agencies have made toward the completion of such tasks outlined under said federal Head Start Act and this subsection to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education and human services.
[(c)] (d) The Early Childhood [Education] Cabinet shall be within the [Department of Education] Office of Early Childhood for administrative purposes only.
Sec. 19. Section 10-16aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
There is established an account to be known as the competitive district grant account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Commissioner of [Education] Early Childhood for the purposes of providing grants to competitive school districts to make slots available in [preschool] school readiness programs. For purposes of this section, "competitive school district" means a school district described in [subdivision (1) of] subsection (d) of section 10-16p, as amended by this act, that has more than nine thousand students enrolled in schools in the district.
Sec. 20. (NEW) (Effective July 1, 2014) The Office of Early Childhood is designated as the state agency for the administration of the child care development block grant pursuant to the Child Care and Development Block Grant Act of 1990.
Sec. 21. Section 17b-2 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Department of Social Services is designated as the state agency for the administration of (1) [the child care development block grant pursuant to the Child Care and Development Block Grant Act of 1990; (2)] the Connecticut energy assistance program pursuant to the Low Income Home Energy Assistance Act of 1981; [(3)] (2) the state plan for vocational rehabilitation services for the fiscal year ending June 30, 1994; [(4)] (3) the refugee assistance program pursuant to the Refugee Act of 1980; [(5)] (4) the legalization impact assistance grant program pursuant to the Immigration Reform and Control Act of 1986; [(6)] (5) the temporary assistance for needy families program pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; [(7)] (6) the Medicaid program pursuant to Title XIX of the Social Security Act; [(8)] (7) the supplemental nutrition assistance program pursuant to the Food and Nutrition Act of 2008; [(9)] (8) the state supplement to the Supplemental Security Income Program pursuant to the Social Security Act; [(10)] (9) the state child support enforcement plan pursuant to Title IV-D of the Social Security Act; and [(11)] (10) the state social services plan for the implementation of the social services block grants and community services block grants pursuant to the Social Security Act.
Sec. 22. Subsections (c) to (e), inclusive, of section 17b-705a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(c) On or after July 1, [2012] 2014, and monthly thereafter, the Commissioner of [Social Services] Early Childhood shall compile a list of the names of family child care providers who have participated in the child care subsidy program established pursuant to section 17b-749, as amended by this act, within the previous six calendar months. Such list shall be considered a public record, as defined in section 1-200.
(d) For purposes of sections 4-65a and 5-270 and subsection (a) of section 5-278, the [Department of Social Services] Office of Early Childhood shall be considered an executive branch employer and an organization representing family child care providers that has been designated by the State Board of Labor Relations, pursuant to section 5-275 or subsection (g) of this section, as the exclusive bargaining agent of such providers, shall have the right to bargain [with the state] concerning the terms and conditions of participation of family child care providers in the program covered by this section, including, but not limited to, (1) state reimbursement rates, (2) benefits, (3) payment procedures, (4) contract grievance arbitration, and (5) training, professional development and other requirements and opportunities appropriate for family child care providers.
(e) (1) If the organization representing family child care providers and the [Department of Social Services] Office of Early Childhood do not reach an agreement not later than one hundred fifty days after negotiations have begun, the parties shall jointly select an arbitrator. The arbitrator selected shall have experience as an impartial arbitrator of labor-management disputes, and shall not be an individual employed as an advocate or consultant for labor or management in labor-management disputes. If the parties fail to agree on an arbitrator not later than one hundred sixty days after negotiations have begun, the selection of the arbitrator shall be made using the procedures under the voluntary labor arbitration rules of the American Arbitration Association.
(2) Each party shall submit to the arbitrator, and to each other, a proposal setting forth such party's position on how each of the unresolved issues shall be resolved.
(3) The arbitrator shall convene a hearing to allow the parties to provide evidence and argument to the arbitrator. The parties shall have the right to submit written briefs to the arbitrator. The arbitration record shall be officially closed at the close of the hearing, or the arbitrator's receipt of briefs, whichever is later.
(4) The arbitrator's authority is limited to selecting the complete proposal of one party or the other on any unresolved issue. The arbitrator shall issue an award not later than forty-five days after the close of the record.
(5) The factors to be considered by the arbitrator in arriving at a decision are: (A) The nature and needs of the family child care program and the needs and welfare of parents and children served by that program, including interests in better recruitment, retention and quality with respect to the covered family child care provider; (B) the history of negotiations between the parties including those leading to the instant proceeding; (C) the existing conditions of employment of similar groups of workers; (D) changes in the cost of living; and (E) the interests and welfare of the covered family child care providers.
(6) The costs of the arbitrator and any fees associated with the arbitration proceeding shall be shared equally by the parties.
(7) Any agreement or award reached pursuant to this section shall be submitted to the General Assembly for approval by filing the agreement or award with the clerks of the House and Senate. No provision of any agreement or award resulting from the collective bargaining process which would require supercedence of any law or regulation shall take effect without affirmative legislative approval.
(8) Notwithstanding any other provision of this section, any provision in any agreement or award which would require an additional appropriation in order to maintain the levels of services provided by existing appropriations shall be presented to the General Assembly for approval in accordance with the budgetary process applicable to appropriations, including, but not limited to, affirmative legislative approval. Other provisions of the agreement or award shall be deemed approved unless affirmatively rejected by a majority of either house not later than thirty days after the filing with the clerk of that chamber, provided the thirty-day period shall not begin or expire unless the General Assembly is in regular session. Once approved by the General Assembly, any provision of an agreement or award need not be resubmitted by the parties to such agreement or award as part of a future agreement approval process unless changes in the language of such provision are negotiated by the parties.
Sec. 23. Section 17b-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Early Childhood may accept and receive, on behalf of the [Department of Social Services] Office of Early Childhood or on behalf of the Children's Trust Fund, established pursuant to section 17b-751, as amended by this act, any bequest or gift of personal property for services for a person who is, or members of whose immediate family are, receiving assistance or services from the [Department of Social Services, or both,] office or for services for a former recipient of assistance from the Department of Social Services or a potential recipient of assistance from the [Department of Social Services] office or for programs or services described in section 17b-751, as amended by this act. Any federal funds generated by virtue of any such bequest or gift may be used for the extension of services to such person or family members.
Sec. 24. Section 17b-730 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Social Services] Early Childhood is authorized to take advantage of any federal statutes and regulations relating to child day care and shall have the power to administer any federally-assisted child day care program in the event that [said] such federal statutes or regulations require that [said] such federally-assisted program be administered by a single state agency.
(b) The Commissioner of [Social Services] Early Childhood is authorized to take advantage of Title V of Public Law 88-452, entitled "Economic Opportunity Act of 1964", with respect to providing work training, aid and assistance to persons eligible for state-administered general assistance or public assistance, and to administer the same in such manner as is required for the receipt of federal funds therefor.
Sec. 25. Section 17b-733 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [Department of Social Services] Office of Early Childhood shall be the lead agency for child day care services in Connecticut. The [department] office shall: (1) Identify, annually, existing child day care services and maintain an inventory of all available services; (2) provide technical assistance to corporations and private agencies in the development and expansion of child day care services for families at all income levels, including families of their employees and clients; (3) study and identify funding sources available for child day care including federal funds and tax benefits; (4) study the cost and availability of liability insurance for child day care providers; (5) [provide, in conjunction with the Departments of Education and Higher Education, ongoing training for child day care providers including preparing videotaped workshops and distributing them to cable stations for broadcast on public access stations, and seek private donations to fund such training; (6)] encourage child day care services to obtain accreditation; [(7)] (6) develop a range of financing options for child care services, including the use of a tax-exempt bond program, a loan guarantee program and establishing a direct revolving loan program; [(8)] (7) promote the colocation of child day care and school readiness programs pursuant to section 4b-31; [(9)] (8) establish a performance-based evaluation system; [(10)] (9) develop for recommendation to the Governor and the General Assembly measures to provide incentives for the private sector to develop and support expanded child day care services; [(11)] (10) provide, within available funds and in conjunction with the temporary family assistance program, as defined in section 17b-680, and administered by the Department of Social Services, child day care to public assistance recipients; [(12)] (11) develop and implement, with the assistance of the [Departments of Public Health, Social Services, Education, Higher Education, Children and Families, Economic and Community Development and Consumer Protection, a state-wide coordinated child day care and early childhood education training system (A) for child day care centers, group day care homes and family day care homes that provide child day care services, and (B)] Early Childhood Cabinet, established pursuant to section 10-16z, as amended by this act, a coordinated and comprehensive state-wide early childhood care and education system of professional development for providers and staff of early childhood care and education programs, including child day care centers, group day care homes and family day care homes that provide child day care services, that makes available to such providers and their staff, within available appropriations, scholarship assistance, career counseling and training [,] and advancement in career ladders, as defined in section 4-124bb; [, through seamless articulation of levels of training, program accreditation support and other initiatives recommended by the Departments of Social Services, Education and Higher Education; (13)] (12) plan and implement a unit cost reimbursement system for state-funded child day care services such that, on and after January 1, 2008, any increase in reimbursement shall be based on a requirement that such centers meet the staff qualifications, as defined in subsection (b) of section 10-16p, as amended by this act; [(14)] (13) develop, within available funds, initiatives to increase compensation paid to child day care providers for educational opportunities, including, but not limited to, (A) incentives for educational advancement paid to persons employed by child day care centers receiving state or federal funds, and (B) support for the establishment and implementation by the Labor Commissioner of apprenticeship programs for child day care workers pursuant to sections 31-22m to 31-22q, inclusive, which programs shall be jointly administered by labor and management trustees; [(15)] (14) evaluate the effectiveness of any initiatives developed pursuant to subdivision [(14)] (13) of this section in improving staff retention rates and the quality of education and care provided to children; and [(16)] (15) report annually to the Governor and the General Assembly, in accordance with the provisions of section 11-4a, on the status of child day care in Connecticut. Such report shall include (A) an itemization of the allocation of state and federal funds for child care programs; (B) the number of children served under each program so funded; (C) the number and type of such programs, providers and support personnel; (D) state activities to encourage partnership between the public and private sectors; (E) average payments issued by the state for both part-time and full-time child care; (F) range of family income and percentages served within each range by such programs; and (G) age range of children served.
Sec. 26. Section 17b-734 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Early Childhood shall establish and administer a program of grants to municipalities and state agencies for the purpose of planning, site preparation, construction, renovation or acquisition of facilities for use as child care facilities to be used primarily by the children of employees of such municipalities or state agencies and other potential participants. If openings occur for other potential participants in such a child care facility, priority for such openings shall be given to families at or below seventy-five per cent of the state's median income.
Sec. 27. Subsection (a) of section 17b-735 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) For the purposes described in section 17b-734, as amended by this act, and for the payment of any administrative expenses of the [Department of Social Services] Office of Early Childhood related thereto the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and principal amounts not exceeding in the aggregate six million twenty-four thousand seven hundred ninety-eight dollars, provided one million dollars of said authorization shall be effective July 1, 2000.
Sec. 28. Section 17b-736 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Early Childhood shall adopt regulations in accordance with chapter 54 to carry out the purposes of sections 17b-734 and 17b-735, as amended by this act.
Sec. 29. Section 17b-737 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Education shall establish a program, within available appropriations, to provide grants to municipalities, boards of education and child care providers to encourage the use of school facilities for the provision of child day care services before and after school. In order to qualify for a grant, a municipality, board of education or child care provider shall guarantee the availability of a school site which meets the standards set on or before June 30, 2014, by the Department of Public Health and on and after July 1, 2014, by the Office of Early Childhood in regulations adopted under sections 19a-77, as amended by this act, 19a-79, as amended by this act, 19a-80, as amended by this act, and 19a-82 to 19a-87a, inclusive, as amended by this act, and shall agree to provide liability insurance coverage for the program. Grant funds shall be used by the municipality, board of education or child care provider for the maintenance and utility costs directly attributable to the use of the school facility for the day care program, for related transportation costs and for the portion of the municipality, board of education or child care provider liability insurance cost and other operational costs directly attributable to the day care program. The municipality or board of education may contract with a child day care provider for the program. The Commissioner of [Social Services] Education may adopt regulations, in accordance with the provisions of chapter 54, for purposes of this section. The commissioner may utilize available child care subsidies to implement the provisions of this section and encourage association and cooperation with the Head Start program established pursuant to section 10-16n, as amended by this act.
Sec. 30. Section 17b-738 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Early Childhood shall establish and administer a program of loans to business firms, as defined in subsection (a) of section 12-631, for the purpose of planning, site preparation, construction, renovation or acquisition of facilities, within the state, for use as licensed child day care centers, family day care homes or group day care homes to be used primarily by the children of employees of such corporations and children of employees of the municipalities in which such facilities are located. Such loans shall be made in accordance with the terms and conditions as provided in regulations adopted by the [Commissioner of Social Services] commissioner, in accordance with chapter 54, shall be made for a period not to exceed five years and shall bear interest at a rate to be determined in accordance with subsection (t) of section 3-20.
Sec. 31. Section 17b-739 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Whenever the state (1) constructs, acquires or receives as a gift any office building which accommodates three hundred or more state employees, or (2) alters, repairs or makes additions to an existing state building which accommodates three hundred or more employees and such alterations, repairs or additions affect at least twenty-five per cent of the square footage of such building, the Department of Administrative Services shall notify the [Department of Social Services] Office of Early Childhood. The [Department of Social Services] office, with the assistance of the Department of Administrative Services, shall determine the need for child care services for the employees in such building and other potential participants. If a demonstrated need for child care exists for thirty or more children of such employees and other potential participants and such care is unavailable, the Department of Administrative Services shall set aside adequate space for child care facilities in such building. If openings occur for other potential participants in such a child care facility, priority for such openings shall be given to families at or below seventy-five per cent of the state's median income. Such facilities shall meet all state licensure requirements. The provisions of this section shall not apply to correctional institutions.
Sec. 32. Section 17b-749 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Social Services] Early Childhood shall establish and operate a child care subsidy program to increase the availability, affordability and quality of child care services for families with a parent or caretaker who is working, attending high school or who receives cash assistance under the temporary family assistance program from the Department of Social Services and is participating in an approved education, training, or other job preparation activity. Services available under the child care program shall include the provision of child care subsidies for children under the age of thirteen or children under the age of nineteen with special needs. The [department] Office of Early Childhood shall open and maintain enrollment for the child care subsidy program and shall administer such program within the existing budgetary resources available. The [department] office shall issue a notice on the [department's] office's Internet web site and shall provide written notice to recipients of program benefits and to service providers any time the [department] office closes the program to new applications, changes eligibility requirements, changes program benefits or makes any other change to the program's status or terms, provided the [department] office shall not be required to issue such notice when the [department] office expands program eligibility. Any change in the [department's] office's acceptance of new applications, eligibility requirements, program benefits or any other change to the program's status or terms for which the [department] office is required to give notice pursuant to this subsection, shall not be effective until thirty days after the [department] office issues such notice.
(b) The commissioner shall establish income standards for applicants and recipients at a level to include a family with gross income up to fifty per cent of the state-wide median income, except the commissioner (1) may increase the income level to up to seventy-five per cent of the state-wide median income, (2) upon the request of the Commissioner of Children and Families, may waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, and (3) on and after March 1, 2003, shall reduce the income eligibility level to up to fifty-five per cent of the state-wide median income for applicants and recipients who qualify based on their loss of eligibility for temporary family assistance. The commissioner may adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.
(c) The commissioner, in consultation with the Commissioner of Social Services, shall establish eligibility and program standards including, but not limited to: (1) A priority intake and eligibility system with preference given to serving recipients of temporary family assistance who are employed or engaged in employment activities under the [department's] Department of Social Services' "Jobs First" program, working families whose temporary family assistance was discontinued not more than five years prior to the date of application for the child care subsidy program, teen parents, low-income working families, adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b), and working families who are at risk of welfare dependency; (2) health and safety standards for child care providers not required to be licensed; (3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation; (4) supplemental payment for special needs of the child and extended nontraditional hours; (5) an annual rate review process for providers which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings; (6) a sliding reimbursement scale for participating families; (7) an administrative appeals process; (8) an administrative hearing process to adjudicate cases of alleged fraud and abuse and to impose sanctions and recover overpayments; (9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity; and (10) a waiting list for the child care subsidy program that reflects the priority and eligibility system set forth in subdivision (1) of this subsection, which is reviewed periodically, with the inclusion of this information in the annual report required to be issued annually by the [Department of Social Services] office to the Governor and the General Assembly in accordance with [subdivision (10) of] section 17b-733, as amended by this act. Such action will include, but not be limited to, family income, age of child, region of state and length of time on such waiting list.
(d) (1) Not later than January 1, 2011, an applicant determined to be eligible for program benefits shall remain eligible for such benefits for a period of not less than eight months from the date that such applicant is determined to be eligible, provided the [commissioner] Commissioner of Social Services has not determined, during such eight-month period, that the applicant's circumstances have changed so as to render the applicant ineligible for program benefits. The [commissioner] Commissioner of Social Services shall not make an eligibility determination for a recipient of program benefits more than one time per eight-month period, except as provided in subsection (f) of this section.
(2) On and after July 1, 2014, the Commissioner of Early Childhood shall succeed the Commissioner of Social Services for the purpose of making the eligibility determinations pursuant to subdivision (1) of this subsection.
(e) Within available appropriations, a recipient of program benefits who takes unpaid leave from such recipient's employment due to the birth or impending birth of a child shall be granted not more than six weeks of payment eligibility during the leave if: (1) The recipient intends to return to work at the end of the unpaid leave; (2) the recipient verifies that eligibility is needed to prevent the loss of a slot in a school-based program or licensed child care setting; and (3) the child receiving child care services under the program continues to attend the program during the recipient's leave.
(f) (1) Not later than October 15, 2011, the [commissioner] Commissioner of Social Services 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 human services and appropriations and the budgets of state agencies concerning eligibility redeterminations made on an eight-month basis. Such report shall include an analysis of overpayments of program benefits made by the [department] Department of Social Services and administrative costs incurred by the department as a result of eligibility redeterminations made on an eight-month basis. On and after October 15, 2011, and until June 30, 2014, the [commissioner] Commissioner of Social Services may make eligibility redeterminations on a six-month basis if, after January 1, 2011, the department's overpayments of program benefits have increased in comparison with the period between January 1, 2010, and December 31, 2010, as a result of having an eight-month eligibility redetermination period.
(2) On and after July 1, 2014, and annually thereafter, the Commissioner of Early Childhood 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 human services and appropriations concerning eligibility redeterminations made on an eight-month basis. Such report shall include an analysis of overpayments of program benefits made by the office and administrative costs incurred by the office as a result of eligibility redeterminations made on an eight-month basis. On and after July 1, 2014, the commissioner may make eligibility redeterminations on a six-month basis if the office's overpayments of program benefits have increased in comparison with the period between January 1, 2010, and December 31, 2010, as a result of having an eight-month eligibility redetermination period.
(g) A provider under the child care subsidy program that qualifies for eligibility and subsequently receives payment for child care services for recipients under this section shall be reimbursed for such services until informed by the [Department of Social Services] office of the recipient's ineligibility.
(h) All licensed child care providers and those providers exempt from licensing shall provide the [Department of Social Services] office with the following information in order to maintain eligibility for reimbursement: (1) The name, address, appropriate identification, Social Security number and telephone number of the provider and all adults who work for or reside at the location where care is provided; (2) the name and address of the child's doctor, primary care provider and health insurance company; (3) whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d; and (4) the number of children cared for by the provider.
(i) On or after [January 1, 1998] July 1, 2014, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(j) The commissioner shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies a copy of the Child Care and Development Fund Plan that the commissioner submits to the Administration for Children and Families pursuant to federal law. The copy of the plan shall be submitted to the committees not later than thirty days after submission of the plan to the Administration for Children and Families.
Sec. 33. Section 17b-749a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Education] Early Childhood shall establish, within available appropriations, a program to (1) purchase directly or provide subsidies to parents to purchase child day care services provided by any elementary or secondary school, nursery school, preschool, day care center, group day care home, family day care home, family resource center, Head Start program, or local or regional board of education, provided, if the commissioner purchases such services directly, he or she shall give preference to purchasing from providers of full-day and year-round programs; and (2) award grants to providers of school readiness programs, as defined in section 10-16p, as amended by this act, to increase the hours of operation of their programs in order to provide child care for children attending such programs. The commissioner, for purposes of subdivision (1) of this subsection, may model the program on the program established pursuant to section 17b-749, as amended by this act.
(b) No funds received by a provider pursuant to this section shall be used to supplant federal funding received for early childhood education on behalf of children in an early childhood education program.
(c) The [Commissioner of Education] commissioner shall: (1) Coordinate the development of a range of alternative programs to meet the needs of all children; (2) foster partnerships between school districts and private organizations; (3) provide information and assistance to parents in selecting an appropriate school readiness program; and (4) work to ensure, to the extent possible, that school readiness programs allow open enrollment for all children and allow families receiving benefits for such a program to choose a public or accredited private program.
Sec. 34. Subsections (a) and (b) of section 17b-749c of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Education] Early Childhood shall establish a program, within available appropriations, to provide, on a competitive basis, supplemental quality enhancement grants to providers of child day care services or providers of school readiness programs pursuant to section 10-16p, as amended by this act, and section 10-16u, as amended by this act. Child day care providers and school readiness programs may apply for a supplemental quality enhancement grant at such time and on such form as the [Commissioner of Education] commissioner prescribes. Effective July 1, [2011] 2014, the commissioner shall make funds payable to providers under such grants on a prospective basis.
(b) Priority for such grants shall be given to programs that are: (1) Included in a local school readiness plan; (2) full-day, year-round programs; and (3) accredited, as defined in subdivision (4) of subsection (a) of section 10-16p, as amended by this act.
Sec. 35. Section 17b-749d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Each licensed child day care provider receiving funding directly from the [Department of Social Services] Office of Early Childhood shall adopt a sliding fee scale based on family income. The Commissioner of [Social Services] Early Childhood shall develop a minimum sliding fee scale which may be adjusted upward by each such licensed day care program. All income derived from such fees shall be used to support the child day care program.
Sec. 36. Section 17b-749e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [Department of Social Services] Office of Early Childhood shall establish and fund five regional accreditation projects, within available appropriations. The [department] office shall select qualified applicants for each region through a request for proposal process. The [department] office shall give priority to child day care facilities where at least twenty per cent of the children live with families earning less than seventy-five per cent of the state median income level.
Sec. 37. Section 17b-749f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Social Services, in consultation with the Commissioner of Education,] Early Childhood shall develop and implement a performance-based evaluation system to evaluate licensed child day care centers, within available appropriations. Such a performance-based evaluation system shall be similar to the Head Start Performance Standards in 45 CFR 1304.
(b) The [Commissioner of Social Services] commissioner shall conduct, within available appropriations, a longitudinal study that examines the developmental progress of children and their families both during and following participation in a child day care program.
(c) The [Commissioner of Social Services] commissioner shall report to the General Assembly, in accordance with section 11-4a, on or before January 1, [1998] 2015, on the implementation of the performance-based evaluation system and on the longitudinal study, and annually thereafter on the cumulative results of the evaluations.
Sec. 38. Section 17b-749g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) There is established a child care facilities loan guarantee program for the purpose of guaranteeing loans for the expansion or development of child care and child development centers in the state. The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums and fees for guaranteeing loans, and proceeds from the sale, disposition, lease or rental of collateral relating to loan guarantees. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the fiscal year next succeeding. The program shall be used to guarantee loans pursuant to subsection (b) of this section and to pay reasonable and necessary expenses incurred for administration under this section. The Commissioner of [Education] Early Childhood may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the program, provided no loan guarantee shall be made from the program without the authorization of the commissioner as provided in subsection (b) of this section. The total aggregate amount of guarantees from the program, with respect to the insured portions of the loan, may not exceed at any one time an amount equal to three times the balance in the guarantee program.
(b) The state, acting by and in the discretion of the [Commissioner of Education] commissioner, may guarantee the repayment of loans, including, but not limited to, principal and interest, to a lending institution that has provided funding for the construction, reconstruction, rehabilitation or improvement of child care and child development facilities. The total aggregate of any loan guarantee under this section shall be not less than twenty per cent and shall not exceed fifty per cent of the principal amount of the obligation, as determined by approved underwriting standards approved by the commissioner, and upon such terms and conditions as the commissioner may prescribe. The term of any loan guarantee shall be determined by the useful life of the improvement but in no event shall exceed thirty years. The commissioner shall arrange by contract with each lending institution or the borrower to safeguard the interests of the program in the event of a default by the borrower, including, at the discretion of the commissioner, provision for notice to the program of default by the borrower, for foreclosure or other realization upon any security for the loan, for the time and conditions for payment to the lending institution by the program of the amount of any loss to the lending institution guaranteed by the program and for the disposition of the proceeds realized from any security for the loan guaranteed. When it appears desirable for a temporary period upon default or threatened default by the borrower, the commissioner may authorize payments of installments of principal or interest, or both, from the program to the lending institution, and of taxes and insurance, which payments shall be repaid under such conditions as the program may prescribe and the program may also agree to revise terms of financing when such appears pertinent. Upon request of the lending institution, the commissioner may at any time, under such equitable terms and conditions as it may prescribe, consent to the release of the borrower from his liability under the loan or consent to the release of parts of any secured property from the lien of the lending institution.
(c) Priority for loan guarantees shall be given to financing child care centers and child development centers that (1) have obtained accreditation from the National Association for the Education of Young Children or have an application pending for such accreditation, and (2) are included in a local school readiness plan, and (3) shall promote the colocation of programs endorsed by the [Commissioners of Education and Social Services] commissioner pursuant to section 4b-31. School readiness programs, licensed child care providers or nonprofit developers of a child care center operating under a legally enforceable agreement with child care providers are eligible for such guaranteed loans.
(d) The [Commissioner of Education] commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures and qualifications for application for guarantees under this section.
Sec. 39. Section 17b-749h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) There is established a program to be known as the "child care facilities direct revolving loan program". The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums, fees, interest payments and principal payments on direct loans and proceeds from the sale, disposition, lease or rental of collateral relating to direct loans. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the next succeeding fiscal year. The program shall be used to make loans pursuant to subsection (b) of this section, to make loan guarantees and to pay reasonable and necessary expenses incurred in administering loans and loan guarantees under this section. The Commissioner of [Education] Early Childhood may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the loan program, provided no loan or loan guarantee shall be made from the fund without the authorization of the commissioner as provided in subsection (b) of this section.
(b) The state, acting by and in the discretion of the [Commissioner of Education] commissioner, may enter into a contract to provide financial assistance in the form of interest-free loans, deferred loans or guaranteed loans to child care providers or to nonprofit developers of a child care facility operating under a legally enforceable agreement with a child care provider, for costs or expenses incurred and directly connected with the expansion, improvement or development of child care facilities. Such costs and expenses may include: (1) Advances of loan proceeds for direct loans; (2) expenses incurred in project planning and design, including architectural expenses; (3) legal and financial expenses; (4) expenses incurred in obtaining required permits and approvals; (5) options to purchase land; (6) expenses incurred in obtaining required insurance; (7) expenses incurred in meeting state and local child care standards; (8) minor renovations and upgrading child care facilities to meet such standards and loans for the purpose of obtaining licensure under section 19a-77, as amended by this act; (9) purchase and installation of equipment, machinery and furniture, including equipment needed to accommodate children with special needs; and (10) other preliminary expenses authorized by the commissioner. Loan proceeds shall not be used for the refinancing of existing loans, working capital, supplies or inventory.
(c) The amount of a direct loan under this section may be up to eighty per cent of the total amount of investment but shall not exceed twenty-five thousand dollars for such facility as determined by the commissioner except [that] if an applicant for a loan under this section has an existing loan that is guaranteed by the child care facilities loan guarantee program, established under section 17b-749g, as amended by this act, the direct loan provided under this section shall not exceed twenty per cent of the investment. The amount of any guarantee and a direct loan under this section shall not exceed eighty per cent.
(d) Each provider applying for a loan under this section shall submit an application, on a form provided by the commissioner that shall include, but is not limited to, the following information: (1) A detailed description of the proposed or existing child care facility; (2) an itemization of known and estimated costs; (3) the total amount of investment required to expand or develop the child care facility; (4) the funds available to the applicant without financial assistance from the [department] office; (5) the amount of financial assistance sought from the [department] office; (6) information relating to the financial status of the applicant, including, if available, a current balance sheet, a profit and loss statement and credit references; and (7) evidence that the loan applicant shall, as of the loan closing, own, have an option to purchase or have a lease for the term of the loan. Security for the loan may include an assignment of the lease or other subordination of any mortgage and the borrower shall be in default if the loan is not used for the intended purpose.
(e) Payments of principal and interest on such loans shall be paid to the State Treasurer for deposit in the child care facilities direct revolving loan program established in subsection (a) of this section.
(f) The [Commissioner of Education] commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations may clarify loan procedures, repayment terms, security requirements, default and remedy provisions, and such other terms and conditions as [said] the commissioner shall deem appropriate.
Sec. 40. Section 17b-749i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Within appropriations available to the State Treasurer for child care facilities, not already allocated toward debt service for specific child care facilities, the Commissioner of [Education] Early Childhood may, upon submission of a request by a facility operating a child care program that is financed with tax-exempt or taxable bonds issued through the Connecticut Health and Educational Facilities Authority, allow actual debt service, comprised of principal, interest and premium, if any, on the loan or loans, a debt service reserve fund and a reasonable repair and replacement reserve to be paid, provided such debt service terms and amounts are determined by the commissioner, at the time the loan is entered into, to be reasonable in relation to the useful life and base value of the property.
Sec. 41. Section 17b-749j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Social Services] Early Childhood shall establish health and safety standards, within available appropriations, for the child care subsidy program. The commissioner shall adopt regulations, in accordance with chapter 54, which shall include, but not be limited to, the following: (1) A requirement for the provider or relative to apply for reimbursement from the [Department of Social Services] Office of Early Childhood; (2) a requirement for the provider or relative to provide reasonable confirmation of physical premises safety pursuant to 45 CFR Part 98. 41; and (3) minimum health and safety training appropriate to the provider setting and the prevention and control of infectious diseases, including immunization. The commissioner shall, within available appropriations, distribute information on the availability of health and safety training and assistance.
Sec. 42. Section 17b-749k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Social Services] Early Childhood shall, within available appropriations, require any person, other than a relative, providing child care services to a child in the child's home who receives a child care subsidy from the [Department of Social Services] Office of Early Childhood to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k.
(b) The [Commissioner of Social Services] commissioner shall have the discretion to refuse payments for child care under any financial assistance program administered by him or her if the person providing such child care has been convicted in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23 or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or was the subject of a substantiated report of child abuse in this state or any other state that the commissioner reasonably believes renders the person unsuitable to provide child care.
Sec. 43. Section 17b-750 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
No child care subsidy shall be paid to an unlicensed child care provider if such provider has been convicted of any crime involving sexual assault of a minor or serious physical injury to a minor or any crime committed in any other state or jurisdiction the essential elements of which are substantially the same as such crimes. If the [commissioner] Commissioner of Early Childhood has reason to believe that a provider of child care services has been so convicted, the commissioner may demand that such provider be subject to state and national criminal history records checks. If criminal history records checks are required pursuant to this section, such checks shall be conducted in accordance with section 29-17a.
Sec. 44. Section 17b-751 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) There is established a Children's Trust Fund, the resources of which shall be used by the Commissioner of [Social Services] Early Childhood to fund programs aimed at preventing child abuse and neglect and family resource programs. Said fund is intended to be in addition to those resources that would otherwise be appropriated by the state for programs aimed at preventing child abuse and neglect and family resource programs. The commissioner may apply for and accept any federal funds which are available for a Children's Trust Fund and shall administer such funds in the manner required by federal law. The fund shall receive money from grants and gifts made pursuant to section 17a-18. The commissioner may solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs. The [Commissioner of Social Services] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to administer the fund and to set eligibility requirements for programs seeking funding. Youth service bureaus may receive funds from the Children's Trust Fund.
(b) On or before July 1, 2010, and annually thereafter, the commissioner shall report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and education concerning the source and amount of funds received by the Children's Trust Fund, and the manner in which such funds were administered and disbursed.
Sec. 45. Section 17b-751d of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
[(a) The Department of Social Services] The Office of Early Childhood shall be the lead state agency for community-based, prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect. The responsibilities of the [department] office shall include, but not be limited to, collaborating with state agencies, hospitals, clinics, schools and community service organizations, to: (1) Initiate programs to support families at risk for child abuse or neglect; (2) assist organizations to recognize child abuse and neglect; (3) encourage community safety; (4) increase broad-based efforts to prevent child abuse and neglect; (5) create a network of agencies to advance child abuse and neglect prevention; and (6) increase public awareness of child abuse and neglect issues. The [department] office, subject to available state, federal and private funding, shall be responsible for implementing and maintaining programs and services, including, but not limited to: (A) The Nurturing Families Network, established pursuant to subsection (a) of section 17b-751b; (B) Family Empowerment Initiative programs; (C) Help Me Grow; (D) [the Kinship Fund and Grandparent's Respite Fund; (E)] Family School Connection; [(F)] (E) support services for residents of a respite group home for girls; [(G) legal services on behalf of indigent children; (H)] (F) volunteer services; [(I)] (G) family development training; [(J)] (H) shaken baby syndrome prevention; and [(K)] (I) child sexual abuse prevention.
[(b) Not later than sixty days after October 5, 2009, the Commissioner of Social Services shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly, having cognizance of matters relating to human services and appropriations and the budgets of state agencies on the integration of the duties described in subsection (a) of this section into the department. ]
Sec. 46. Section 17b-751e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any order, regulation or contract of the Children's Trust Fund Council agency or the Department of Social Services that is in force on [September 1, 2009] July 1, 2014, shall continue in force and effect as an order, regulation or contract of the [Department of Social Services] Office of Early Childhood until amended, repealed or superseded pursuant to law.
Sec. 47. Subdivision (11) of subsection (g) of section 17a-28 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(11) The [Department of Public Health] Office of Early Childhood for the purpose of (A) determining the suitability of a person to care for children in a facility licensed pursuant to section 19a-77, as amended by this act, 19a-80, as amended by this act, or 19a-87b, as amended by this act; (B) determining the suitability of such person for licensure; or (C) an investigation conducted pursuant to section 19a-80f, as amended by this act;
Sec. 48. Section 19a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) As used in sections 19a-77 to 19a-80, inclusive, as amended by this act, and sections 19a-82 to 19a-87, inclusive, as amended by this act, "child day care services" shall include:
(1) A "child day care center" which offers or provides a program of supplementary care to more than twelve related or unrelated children outside their own homes on a regular basis;
(2) A "group day care home" which offers or provides a program of supplementary care (A) to not less than seven or more than twelve related or unrelated children on a regular basis, or (B) that meets the definition of a family day care home except that it operates in a facility other than a private family home;
(3) A "family day care home" which consists of a private family home caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not less than three or more than twelve hours during a twenty-four-hour period and where care is given on a regularly recurring basis except that care may be provided in excess of twelve hours but not more than seventy-two consecutive hours to accommodate a need for extended care or intermittent short-term overnight care. During the regular school year, a maximum of three additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three children who are in school full time, all of the provider's children shall be permitted;
(4) "Night care" means the care provided for one or more hours between the hours of 10: 00 p. m. and 5: 00 a. m. ;
(5) "Year-round" program means a program open at least fifty weeks per year.
(b) For licensing requirement purposes, child day care services shall not include such services which are:
(1) (A) Administered by a public school system, or (B) administered by a municipal agency or department and located in a public school building;
(2) Administered by a private school which is in compliance with section 10-188 and is approved by the State Board of Education or is accredited by an accrediting agency recognized by the State Board of Education;
(3) Classes in music, dance, drama and art that are no longer than two hours in length; classes that teach a single skill that are no longer than two hours in length; library programs that are no longer than two hours in length; scouting; programs that offer exclusively sports activities; rehearsals; academic tutoring programs; or programs exclusively for children thirteen years of age or older;
(4) Informal arrangements among neighbors and formal or informal arrangements among relatives in their own homes, provided the relative is limited to any of the following degrees of kinship by blood or marriage to the child being cared for or to the child's parent: Child, grandchild, sibling, niece, nephew, aunt, uncle or child of one's aunt or uncle;
(5) Drop-in supplementary child care operations for educational or recreational purposes and the child receives such care infrequently where the parents are on the premises;
(6) Drop-in supplementary child care operations in retail establishments where the parents remain in the same store as the child for retail shopping, provided the drop-in supplementary child-care operation does not charge a fee and does not refer to itself as a child day care center;
(7) Drop-in programs administered by a nationally chartered boys' and girls' club;
(8) Religious educational activities administered by a religious institution exclusively for children whose parents or legal guardians are members of such religious institution;
(9) Administered by Solar Youth, Inc. , a New Haven-based nonprofit youth development and environmental education organization, provided Solar Youth, Inc. informs the parents and legal guardians of any children enrolled in its programs that such programs are not licensed by the [Department of Public Health] Office of Early Childhood to provide child day care services;
(10) Programs administered by organizations under contract with the Department of Social Services pursuant to section 17b-851a that promote the reduction of teenage pregnancy through the provision of services to persons who are ten to nineteen years of age, inclusive; or
(11) Administered by the Cardinal Shehan Center, a Bridgeport-based nonprofit organization that is exclusively for school age children, provided the Cardinal Shehan Center informs the parents and legal guardians of any children enrolled in its programs that such programs are not licensed by the [Department of Public Health] Office of Early Childhood to provide child day care services.
(c) No registrant or licensee of any child day care services as defined in subsection (a) of this section shall be issued an additional registration or license to provide any such services at the same facility.
(d) When a licensee has vacated premises approved by the [department] office for the provision of child day care services and the landlord of such licensee establishes to the satisfaction of the [department] office that such licensee has no legal right or interest to such approved premises, the [department] office may make a determination with respect to an application for a new license for the provision of child day care services at such premises.
Sec. 49. Section 19a-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Public Health] Early Childhood shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87, inclusive, as amended by this act, and to assure that child day care centers and group day care homes shall meet the health, educational and social needs of children utilizing such child day care centers and group day care homes. Such regulations shall (1) specify that before being permitted to attend any child day care center or group day care home, each child shall be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f, including appropriate exemptions for children for whom such immunization is medically contraindicated and for children whose parents object to such immunization on religious grounds, (2) specify conditions under which child day care center directors and teachers and group day care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving child day care services at such child day care center or group day care home pursuant to the written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child, (3) specify that an operator of a child day care center or group day care home, licensed before January 1, 1986, or an operator who receives a license after January 1, 1986, for a facility licensed prior to January 1, 1986, shall provide a minimum of thirty square feet per child of total indoor usable space, free of furniture except that needed for the children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, halls, isolation room or other rooms used for purposes other than the activities of the children, (4) specify that a child day care center or group day care home licensed after January 1, 1986, shall provide thirty-five square feet per child of total indoor usable space, (5) establish appropriate child day care center staffing requirements for employees certified in cardiopulmonary resuscitation by the American Red Cross, the American Heart Association, the National Safety Council, American Safety and Health Institute or Medic First Aid International, Inc. , (6) specify that on and after January 1, 2003, a child day care center or group day care home (A) shall not deny services to a child on the basis of a child's known or suspected allergy or because a child has a prescription for an automatic prefilled cartridge injector or similar automatic injectable equipment used to treat an allergic reaction, or for injectable equipment used to administer glucagon, (B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the use of such equipment on-site during all hours when such a child is on-site, (C) shall require such child's parent or guardian to provide the injector or injectable equipment and a copy of the prescription for such medication and injector or injectable equipment upon enrollment of such child, and (D) shall require a parent or guardian enrolling such a child to replace such medication and equipment prior to its expiration date, and (7) specify that on and after January 1, 2005, a child day care center or group day care home (A) shall not deny services to a child on the basis of a child's diagnosis of asthma or because a child has a prescription for an inhalant medication to treat asthma, and (B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the administration of such medication on-site during all hours when such a child is on-site, and (8) establish physical plant requirements for licensed child day care centers and licensed group day care homes that exclusively serve school-age children. When establishing such requirements, the [department] Office of Early Childhood shall give consideration to child day care centers and group day care homes that are located in private or public school buildings. With respect to this subdivision only, the commissioner shall implement policies and procedures necessary to implement the physical plant requirements established pursuant to this subdivision while in the process of adopting such policies and procedures in regulation form. Until replaced by policies and procedures implemented pursuant to this subdivision, any physical plant requirement specified in the [department's] office's regulations that is generally applicable to child day care centers and group day care homes shall continue to be applicable to such centers and group day care homes that exclusively serve school-age children. The commissioner shall print notice of the intent to adopt regulations pursuant to this subdivision in the Connecticut Law Journal not later than twenty days after the date of implementation of such policies and procedures. Policies and procedures implemented pursuant to this subdivision shall be valid until the time final regulations are adopted.
(b) The [Commissioner of Public Health] commissioner may adopt regulations, pursuant to chapter 54, to establish civil penalties of not more than one hundred dollars per day for each day of violation and other disciplinary remedies that may be imposed, following a contested-case hearing, upon the holder of a license issued under section 19a-80, as amended by this act, to operate a child day care center or group day care home or upon the holder of a license issued under section 19a-87b, as amended by this act, to operate a family day care home.
(c) The [Commissioner of Public Health] commissioner shall exempt Montessori schools accredited by the American Montessori Society or the Association Montessori Internationale from any provision in regulations adopted pursuant to subsection (a) of this section which sets requirements on group size or child to staff ratios or the provision of cots.
Sec. 50. Section 19a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a child day care center or group day care home without a license issued in accordance with sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87a, inclusive, as amended by this act. Applications for such license shall be made to the Commissioner of [Public Health] Early Childhood on forms provided by the commissioner and shall contain the information required by regulations adopted under said sections. The forms shall contain a notice that false statements made therein are punishable in accordance with section 53a-157b.
(b) (1) Upon receipt of an application for a license, the [Commissioner of Public Health] commissioner shall issue such license if, upon inspection and investigation, said commissioner finds that the applicant, the facilities and the program meet the health, educational and social needs of children likely to attend the child day care center or group day care home and comply with requirements established by regulations adopted under sections 19a-77 to 19a-80, inclusive, as amended by this act, and sections 19a-82 to 19a-87a, inclusive, as amended by this act. The commissioner shall offer an expedited application review process for an application submitted by a municipal agency or department. The commissioner shall have discretion to determine whether a change of operator, ownership or location request from a currently licensed person or entity, as described in subsection (a) of this section, shall require the filing of a new license application from such person or entity. Each license shall be for a term of four years, shall be nontransferable, and may be renewed upon receipt by the commissioner of a renewal application and accompanying licensure fee. The commissioner may suspend or revoke such license after notice and an opportunity for a hearing as provided in section 19a-84, as amended by this act, for violation of the regulations adopted under sections 19a-77 to 19a-80, inclusive, as amended by this act, and sections 19a-82 to 19a-87a, inclusive, as amended by this act.
(2) The [Commissioner of Public Health] commissioner shall collect from the licensee of a day care center a fee of five hundred dollars prior to issuing or renewing a license for a term of four years. The commissioner shall collect from the licensee of a group day care home a fee of two hundred fifty dollars prior to issuing or renewing a license for a term of four years. The commissioner shall require only one license for a child day care center operated in two or more buildings, provided the same licensee provides child day care services in each building and the buildings are joined together by a contiguous playground that is part of the licensed space.
(3) The commissioner, or the commissioner's designee, shall make an unannounced visit, inspection or investigation of each licensed child day care center and group day care home at least once each year. At least once every two years, the local health director, or the local health director's designee, shall make an inspection of each licensed child day care center and group day care home.
(c) The [Commissioner of Public Health] commissioner, within available appropriations, shall require each prospective employee of a child day care center or group day care home in a position requiring the provision of care to a child to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. Pursuant to the interagency agreement provided for in section 10-16s, the Department of Social Services may agree to transfer funds appropriated for criminal history records checks to the [Department of Public Health] Office of Early Childhood. The commissioner shall notify each licensee of the provisions of this subsection.
(d) The commissioner shall inform each licensee, by way of a plain language summary provided not later than sixty days after the regulation's effective date, of new or changed regulations adopted under sections 19a-77 to 19a-80, inclusive, as amended by this act, or sections 19a-82 to 19a-87a, inclusive, as amended by this act, with which a licensee must comply.
Sec. 51. Section 19a-80f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) As used in this section, "facility" means a child day care center, a group day care home and a family day care home, as defined in section 19a-77, as amended by this act, and a youth camp, as defined in section 19a-420.
(b) Notwithstanding any provision of the general statutes, the Commissioner of Children and Families, or the commissioner's designee, shall provide to the [Department of Public Health] Office of Early Childhood all records concerning reports and investigations of child abuse or neglect that have been reported to, or are being investigated by, the Department of Children and Families pursuant to section 17a-101g, including records of any administrative hearing held pursuant to section 17a-101k: (1) Occurring at any facility, and (2) by any staff member or licensee of any facility and by any household member of any family day care home, as defined in section 19a-77, as amended by this act, irrespective of where the abuse or neglect occurred.
(c) The Department of Children and Families and the [Department of Public Health] Office of Early Childhood shall jointly investigate reports of abuse or neglect occurring at any facility. All information, records and reports concerning such investigation shall be shared between agencies as part of the investigative process.
(d) The Commissioner of [Public Health] Early Childhood shall compile a listing of allegations of violations that have been substantiated by the [Department of Public Health] Office of Early Childhood concerning a facility during the prior three-year period. The [Commissioner of Public Health] commissioner shall disclose information contained in the listing to any person who requests it, provided the information may be disclosed pursuant to sections 17a-101g and 17a-101k and does not identify children or family members of those children.
(e) Notwithstanding any provision of the general statutes, when the Commissioner of Children and Families has made a finding substantiating abuse or neglect: (1) That occurred at a facility, or (2) by any staff member or licensee of any facility, or by any household member of any family day care home and such finding is included on the state child abuse or neglect registry, maintained by the Department of Children and Families pursuant to section 17a-101k, such finding may be included in the listing compiled by the [Department of Public Health] Office of Early Childhood pursuant to subsection (d) of this section and may be disclosed to the public by the [Department of Public Health] Office of Early Childhood.
(f) Notwithstanding any provision of the general statutes, when the Commissioner of Children and Families, pursuant to section 17a-101j, has notified the [Department of Public Health] Office of Early Childhood of a recommended finding of child abuse or neglect at a facility and if such child abuse or neglect resulted in or involves (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of a person due to abuse or neglect of a child; (5) a petition filed by the Commissioner of Children and Families pursuant to section 17a-112 or 46b-129; or (6) sexual abuse of a child, the Commissioner of [Public Health] Early Childhood may include such finding of child abuse or neglect in the listing under subsection (d) of this section and may disclose such finding to the public. The Commissioner of Children and Families, or the commissioner's designee, shall immediately notify the Commissioner of [Public Health] Early Childhood when such child abuse or neglect is not substantiated after an investigation has been completed pursuant to subsection (b) of section 17a-101g or a recommended finding of child abuse or neglect is reversed after a hearing or appeal conducted in accordance with the provisions of section 17a-101k. The Commissioner of [Public Health] Early Childhood shall immediately remove such information from the listing and shall not further disclose any such information to the public.
(g) Notwithstanding any provision of the general statutes, all records provided by the Commissioner of Children and Families, or the commissioner's designee, to the [Department of Public Health] Office of Early Childhood regarding child abuse or neglect occurring at any facility, may be utilized in an administrative proceeding or court proceeding relative to facility licensing. In any such proceeding, such records shall be confidential, except as provided [by the provisions of] under section 4-177c, and such records shall not be subject to disclosure pursuant to section 1-210.
Sec. 52. Section 19a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Public Health] Early Childhood shall utilize consultative services and assistance from the Departments of Education, Mental Health and Addiction Services and Social Services and from municipal building, fire and health departments. The commissioner shall make periodic inspections of licensed day care centers, group day care homes and family day care homes and shall provide technical assistance to licensees and applicants for licenses to assist them to attain and maintain the standards established in regulations adopted under sections 19a-77 to 19a-80, inclusive, as amended by this act, 19a-82 to 19a-87, inclusive, as amended by this act, and 19a-87b, as amended by this act.
Sec. 53. Section 19a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [commissioner] Commissioner of Early Childhood may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin any person, group of persons, association, organization, corporation, institution, or agency, public or private, from maintaining a child day care center or group day care home without a license or operating a child day care center or group day care home in violation of regulations adopted under sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87, inclusive, as amended by this act.
Sec. 54. Section 19a-87 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Any person or officer of an association, organization or corporation who [shall establish, conduct, maintain or operate] establishes, conducts, maintains or operates a day care center or group day care home without a current and valid license shall be subject to a civil penalty of not more than one hundred dollars a day for each day that such center or home is operated without a license.
(b) If the Commissioner of [Public Health] Early Childhood has reason to believe that a violation has occurred for which a civil penalty is authorized by subsection (a) of this section, he or she may send to such person or officer by certified mail, return receipt requested, or personally serve upon such person or officer, a notice which shall include: (1) A reference to the section or sections of the general statutes or regulations involved; (2) a short and plain statement of the matters asserted or charged; (3) a statement of the maximum civil penalty which may be imposed for such violation; and (4) a statement of the party's right to request a hearing, such request to be submitted in writing to the commissioner not later than thirty days after the notice is mailed or served.
(c) If such person or officer so requests, the commissioner shall [hold a hearing on the violation asserted] cause a hearing to be held. The hearing shall be held in accordance with the provisions of chapter 54. If such person or officer fails to request a hearing or fails to appear at the hearing or if, after the hearing, the commissioner finds that the person or officer has committed such violation, the commissioner may, in his or her discretion, order that a civil penalty be imposed that is not greater than the penalty stated in the notice. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the person or officer named in such order.
Sec. 55. Section 19a-87a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Public Health] Early Childhood shall have the discretion to refuse to license under sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87, inclusive, as amended by this act, a person to conduct, operate or maintain a day care center or a group day care home, as defined in section 19a-77, as amended by this act, or to suspend or revoke the license or take any other action set forth in regulation that may be adopted pursuant to section 19a-79, as amended by this act, if, the person who owns, conducts, maintains or operates such center or home or a person employed therein in a position connected with the provision of care to a child receiving child day care services, has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a child day care center or group day care home. However, no refusal of a license shall be rendered except in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
(b) Any person who is licensed to conduct, operate or maintain a child day care center or group day care home shall notify the commissioner of any criminal conviction of the owner, conductor, operator or maintainer of the center or home or of any person employed therein in a position connected with the provision of care to a child receiving child day care services, immediately upon obtaining knowledge of the conviction. Failure to comply with the notification requirement may result in the suspension or revocation of the license or the imposition of any action set forth in regulation, and shall subject the licensed person to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
(c) It shall be a class A misdemeanor for any person seeking employment in a position connected with the provision of care to a child receiving child day care services to make a false written statement regarding prior criminal convictions pursuant to a form bearing notice to the effect that such false statements are punishable, which statement he does not believe to be true and is intended to mislead the prospective employer.
(d) Any person having reasonable cause to believe that a child day care center or a group day care home is operating without a current and valid license or in violation of regulations adopted under section 19a-79, as amended by this act, or in a manner which may pose a potential danger to the health, welfare and safety of a child receiving child day care services, may report such information to the [Department of Public Health] Office of Early Childhood. The [department] office shall investigate any report or complaint received pursuant to this subsection. The name of the person making the report or complaint shall not be disclosed unless (1) such person consents to such disclosure, (2) a judicial or administrative proceeding results therefrom or (3) a license action pursuant to subsection (a) of this section results therefrom. All records obtained by the [department] office in connection with any such investigation shall not be subject to the provisions of section 1-210 for a period of thirty days from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier. A formal statement of charges issued by the [department] office shall be subject to the provisions of section 1-210 from the time that it is served or mailed to the respondent. Records which are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this section.
(e) In addition to any powers the [Department of Public Health] office may have, in any investigation (1) concerning an application, reinstatement or renewal of a license for a child day care center, a group day care home or a family day care home, as such terms are defined in section 19a-77, as amended by this act, (2) of a complaint concerning child day care services, as described in section 19a-77, as amended by this act, or (3) concerning the possible provision of unlicensed child day care services, the [Department of Public Health] office may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.
Sec. 56. Section 19a-87b of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a family day care home, as defined in section 19a-77, as amended by this act, without a license issued by the Commissioner of [Public Health] Early Childhood. Licensure forms shall be obtained from the [Department of Public Health] Office of Early Childhood. Applications for licensure shall be made to the commissioner on forms provided by the [department] office and shall contain the information required by regulations adopted under this section. The licensure and application forms shall contain a notice that false statements made therein are punishable in accordance with section 53a-157b. Applicants shall state, in writing, that they are in compliance with the regulations adopted by the commissioner pursuant to subsection (f) of this section. Before a family day care home license is granted, the [department] office shall make an inquiry and investigation which shall include a visit and inspection of the premises for which the license is requested. Any inspection conducted by the [department] office shall include an inspection for evident sources of lead poisoning. The [department] office shall provide for a chemical analysis of any paint chips found on such premises. Neither the commissioner nor the commissioner's designee shall require an annual inspection for homes seeking license renewal or for licensed homes, except that the commissioner or the commissioner's designee shall make [unannounced visits, during customary business hours, to at least thirty-three and one-third per cent of the licensed family day care homes each year] an unannounced visit, inspection or investigation of each licensed family day care home at least once every year. A licensed family day care home shall not be subject to any conditions on the operation of such home by local officials, other than those imposed by the [department] office pursuant to this subsection, if the home complies with all local codes and ordinances applicable to single and multifamily dwellings.
(b) No person shall act as an assistant or substitute staff member to a person or entity maintaining a family day care home, as defined in section 19a-77, as amended by this act, without an approval issued by the [Commissioner of Public Health] commissioner. Any person seeking to act as an assistant or substitute staff member in a family day care home shall submit an application for such approval to the [department] office. Applications for approval shall: (1) Be made to the commissioner on forms provided by the [department] office, (2) contain the information required by regulations adopted under this section, and (3) be accompanied by a fee of fifteen dollars. The approval application forms shall contain a notice that false statements made in such form are punishable in accordance with section 53a-157b.
(c) The [Commissioner of Public Health] commissioner, within available appropriations, shall require each initial applicant or prospective employee of a family day care home in a position requiring the provision of care to a child, including an assistant or substitute staff member, to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The commissioner shall notify each licensee of the provisions of this subsection.
(d) An application for initial licensure pursuant to this section shall be accompanied by a fee of forty dollars and such license shall be issued for a term of four years. An application for renewal of a license issued pursuant to this section shall be accompanied by a fee of forty dollars and a certification from the licensee that any child enrolled in the family day care home has received age-appropriate immunizations in accordance with regulations adopted pursuant to subsection (f) of this section. A license issued pursuant to this section shall be renewed for a term of four years.
(e) An application for initial staff approval or renewal of staff approval shall be accompanied by a fee of fifteen dollars. Such approvals shall be issued or renewed for a term of two years.
(f) The [Commissioner of Public Health] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to assure that family day care homes, as defined in section 19a-77, as amended by this act, shall meet the health, educational and social needs of children utilizing such homes. Such regulations shall ensure that the family day care home is treated as a residence, and not an institutional facility. Such regulations shall specify that each child be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f. Such regulations shall provide appropriate exemptions for children for whom such immunization is medically contraindicated and for children whose parents object to such immunization on religious grounds. Such regulations shall also specify conditions under which family day care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving day care services at a family day care home pursuant to a written order of a physician licensed to practice medicine in this or another state, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child. Such regulations shall specify appropriate standards for extended care and intermittent short-term overnight care. The commissioner shall inform each licensee, by way of a plain language summary provided not later than sixty days after the regulation's effective date, of any new or changed regulations adopted under this subsection with which a licensee must comply.
Sec. 57. Section 19a-87c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Any person or officer of an association, organization or corporation who shall establish, conduct, maintain or operate a family day care home, as defined in section 19a-77, as amended by this act, without a current and valid license shall be subject to a civil penalty of not more than one hundred dollars a day for each day that such home is operated without a license.
(b) If the Commissioner of [Public Health] Early Childhood has reason to believe that a violation has occurred for which a civil penalty is authorized by subsection (a) of this section, [he] the commissioner may send to such person or officer by certified mail, return receipt requested, or personally serve upon such person or officer, a notice which shall include: (1) A reference to the section or sections of the general statutes or regulations involved; (2) a short and plain statement of the matters asserted or charged; (3) a statement of the maximum civil penalty which may be imposed for such violation; and (4) a statement of the party's right to request a hearing. Such request shall be submitted in writing to the commissioner not later than thirty days after the notice is mailed or served.
(c) If such person or officer so requests, the commissioner shall [hold a hearing on the violation asserted] cause a hearing to be held. The hearing shall be held in accordance with the provisions of chapter 54. If such person or officer fails to request a hearing or fails to appear at the hearing or if, after the hearing, the commissioner finds that the person or officer has committed such violation, the commissioner may, in his or her discretion, order that a civil penalty be imposed that is not greater than the penalty stated in the notice. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the person or officer named in such order.
Sec. 58. Section 19a-87d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of [Public Health] Early Childhood may request the Attorney General to bring an action, in the superior court for the judicial district in which such home is located, to enjoin any person, group of persons, association, organization, corporation, institution or agency, public or private, from maintaining a family day care home, as defined in section 19a-77, as amended by this act, without a license or in violation of regulations adopted under section 19a-87b, as amended by this act, and satisfactory proof of the lack of a license or the violation of the regulations without more shall entitle the commissioner to injunctive relief.
Sec. 59. Section 19a-87e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Commissioner of [Public Health] Early Childhood may (1) refuse to license under section 19a-87b, as amended by this act, a person to own, conduct, operate or maintain a family day care home, as defined in section 19a-77, as amended by this act, (2) refuse to approve under section 19a-87b, as amended by this act, a person to act as an assistant or substitute staff member in a family day care home, as defined in section 19a-77, as amended by this act, or (3) suspend or revoke the license or approval or take any other action that may be set forth in regulation that may be adopted pursuant to section 19a-79, as amended by this act, if the person who owns, conducts, maintains or operates the family day care home, the person who acts as an assistant or substitute staff member in a family day care home or a person employed in such family day care home in a position connected with the provision of care to a child receiving child day care services, has been convicted, in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a family day care home, or act as an assistant or substitute staff member in a family day care home, or if such persons or a person residing in the household has been convicted in this state or any other state of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution, sale, prescription, dispensing or administration under section 21a-277 or 21a-278, or illegal possession under section 21a-279, or if such person, a person who acts as assistant or substitute staff member in a family day care home or a person employed in such family day care home in a position connected with the provision of care to a child receiving child day care services, either fails to substantially comply with the regulations adopted pursuant to section 19a-87b, as amended by this act, or conducts, operates or maintains the home in a manner which endangers the health, safety and welfare of the children receiving child day care services. Any refusal of a license or approval pursuant to this section shall be rendered in accordance with the provisions of sections 46a-79 to 46a-81, inclusive. Any person whose license or approval has been revoked pursuant to this section shall be ineligible to apply for a license or approval for a period of one year from the effective date of revocation.
(b) When the commissioner intends to suspend or revoke a license or approval or take any other action against a license or approval set forth in regulation adopted pursuant to section 19a-79, as amended by this act, the commissioner shall notify the licensee or approved staff member in writing of the commissioner's intended action. The licensee or approved staff member may, if aggrieved by such intended action, make application for a hearing in writing over the licensee's or approved staff member's signature to the commissioner. The licensee or approved staff member shall state in the application in plain language the reasons why the licensee or approved staff member claims to be aggrieved. The application shall be delivered to the commissioner within thirty days of the licensee's or approved staff member's receipt of notification of the intended action. The commissioner shall thereupon hold a hearing within sixty days from receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to the licensee or approved staff member. The provisions of this subsection shall not apply to the denial of an initial application for a license or approval under section 19a-87b, as amended by this act, provided the commissioner shall notify the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the license or approval application.
(c) Any person who is licensed to conduct, operate or maintain a family day care home or approved to act as an assistant or substitute staff member in a family day care home shall notify the commissioner of any conviction of the owner, conductor, operator or maintainer of the family day care home or of any person residing in the household or any person employed in such family day care home in a position connected with the provision of care to a child receiving child day care services, of a crime which affects the commissioner's discretion under subsection (a) of this section, immediately upon obtaining knowledge of such conviction. Failure to comply with the notification requirement of this subsection may result in the suspension or revocation of the license or approval or the taking of any other action against a license or approval set forth in regulation adopted pursuant to section 19a-79, as amended by this act, and shall subject the licensee or approved staff member to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
(d) It shall be a class A misdemeanor for any person seeking employment in a position connected with the provision of care to a child receiving family day care home services to make a false written statement regarding prior criminal convictions pursuant to a form bearing notice to the effect that such false statements are punishable, which statement such person does not believe to be true and is intended to mislead the prospective employer.
(e) Any person having reasonable cause to believe that a family day care home, as defined in section 19a-77, as amended by this act, is operating without a current and valid license or in violation of the regulations adopted under section 19a-87b, as amended by this act, or in a manner which may pose a potential danger to the health, welfare and safety of a child receiving child day care services, may report such information to [any office of the Department of Public Health] the Office of Early Childhood. The [department] office shall investigate any report or complaint received pursuant to this subsection. The name of the person making the report or complaint shall not be disclosed unless (1) such person consents to such disclosure, (2) a judicial or administrative proceeding results from such report or complaint, or (3) a license action pursuant to subsection (a) of this section results from such report or complaint. All records obtained by the [department] office in connection with any such investigation shall not be subject to the provisions of section 1-210 for a period of thirty days from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier. A formal statement of charges issued by the [department] office shall be subject to the provisions of section 1-210 from the time that it is served or mailed to the respondent. Records which are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this section.
Sec. 60. Section 8-210 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The state, acting by and in the discretion of the Commissioner of Social Services or the Commissioner of [Education] Early Childhood, as appropriate, may enter into a contract with a municipality or a qualified private, nonprofit corporation for state financial assistance for the planning, construction, renovation, site preparation and purchase of improved or unimproved property as part of a capital development project for neighborhood facilities. Such facilities may include, but are not limited to, child day care facilities, elderly centers, multipurpose human resource centers, emergency shelters for the homeless and shelters for victims of domestic violence. The financial assistance shall be in the form of state grants-in-aid equal to (1) all or any portion of the cost of such capital development project if the grantee is a qualified private nonprofit corporation, or (2) up to two-thirds of the cost of such capital development project if the grantee is a municipality, as determined by the Commissioner of Social Services or the Commissioner of [Education] Early Childhood, as appropriate.
(b) The state, acting by and in the discretion of the Commissioner of [Education] Early Childhood, may enter into a contract with a municipality, a human resource development agency or a nonprofit corporation for state financial assistance in developing and operating child day care centers for children disadvantaged by reasons of economic, social or environmental conditions, provided no such financial assistance shall be available for the operating costs of any such day care center unless it has been licensed by the Commissioner of [Public Health] Early Childhood pursuant to section 19a-80, as amended by this act. Such financial assistance shall be available for a program of a municipality, of a human resource development agency or of a nonprofit corporation which may provide for personnel, equipment, supplies, activities, program materials and renovation and remodeling of physical facilities of such day care centers. Such contract shall provide for state financial assistance, within available appropriations, in the form of a state grant-in-aid (1) for a portion of the cost of such program as determined by the Commissioner of [Education] Early Childhood, if not federally assisted, or (2) equal to one-half of the amount by which the net cost of such program as approved by the Commissioner of [Education] Early Childhood exceeds the federal grant-in-aid thereof. The Commissioner of [Education] Early Childhood may authorize child day care centers provided financial assistance pursuant to this subsection to apply a program surplus to the next program year. The Commissioner of [Education] Early Childhood shall consult with directors of child day care centers in establishing fees for the operation of such centers.
(c) The [Department of Education] Office of Early Childhood, in consultation with representatives from child care centers, within available appropriations, shall develop guidelines for state-contracted child care center programs. The guidelines shall include standards for program quality and design and identify short and long-term outcomes for families participating in such programs. The [Department of Education] Office of Early Childhood, within available appropriations, shall provide a copy of such guidelines to each state-contracted child care center. Each state-contracted child care center shall use the guidelines to develop a program improvement plan for the next twelve-month period and shall submit the plan to the [department] Office of Early Childhood. The plan shall include goals to be used for measuring such improvement. The [department] Office of Early Childhood shall use the plan to monitor the progress of the center.
(d) The state, acting by and in the discretion of the Commissioner of [Education] Early Childhood, may enter into a contract with a municipality, a human resource development agency or a nonprofit corporation for state financial assistance for a project of renovation of any child day care facility receiving assistance pursuant to the provisions of this section, to make such facility accessible to the physically disabled, in the form of a state grant-in-aid equal to (1) the total net cost of the project as approved by the Commissioner of [Education] Early Childhood, or (2) the total amount by which the net cost of the project as approved by the Commissioner of [Education] Early Childhood exceeds the federal grant-in-aid thereof.
(e) Any municipality, human resource development agency or nonprofit corporation which enters into a contract pursuant to this section for state financial assistance for a day care facility shall have sole responsibility for the development of the budget of the day care program, including, but not limited to, personnel costs, purchases of equipment, supplies, activities and program materials, within the resources provided by the state under said contract. Upon local determination of a change in the type of day care service required in the area, a municipality, human resource development agency or nonprofit corporation may, within the limits of its annual budget and subject to the provisions of this subsection and sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87a, inclusive, as amended by this act, change its day care service. An application to change the type of child day care service provided shall be submitted to the Commissioner of [Education] Early Childhood. Not later than forty-five days after the Commissioner of [Education] Early Childhood receives the application, the Commissioner of [Education] Early Childhood shall advise the municipality, human resource development agency or nonprofit corporation of the Commissioner of [Education's] Early Childhood's approval, denial or approval with modifications of the application. If the Commissioner of [Education] Early Childhood fails to act on the application not later than forty-five days after the application's submittal, the application shall be deemed approved.
(f) The Commissioner of [Education] Early Childhood may, in his discretion, with the approval of the Secretary of the Office of Policy and Management authorize the expenditure of such funds for the purposes of this section as shall enable the Commissioner of [Education] Early Childhood to apply for, qualify for and provide the state's share of a federally assisted day care program.
Sec. 61. Subsection (a) of section 10a-194c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Connecticut Health and Educational Facilities Authority shall establish a program to finance low interest loans for child care and child development centers, family resource centers and Head Start programs that shall be known as the Connecticut Child Care Facilities Program. Loans shall be made for the purpose of new construction or renovation of existing centers or complying with federal, state and local child care requirements, including health and safety standards. For purposes of this section, "child development center" means a building used by a nonprofit school readiness program, as defined in section 10-16p, as amended by this act, and "child care center" means a nonprofit facility that is licensed by the [Department of Public Health] Office of Early Childhood as a child day care center or a group day care home, both as defined in section 19a-77, as amended by this act.
Sec. 62. Section 12-634 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of Revenue Services shall grant a credit against any tax due under the provisions of chapter 207, 208, 209, 210, 211 or 212 in an amount not to exceed sixty per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632 for planning, site preparation, construction, renovation or acquisition of facilities for purposes of establishing a child day care facility to be used primarily by the children of such business firm's employees and equipment installed for such facility, including kitchen appliances, to the extent that such equipment or appliances are necessary in the use of such facility for purposes of child day care, provided: (1) Such facility is operated under the authority of a license issued by the Commissioner of [Public Health] Early Childhood in accordance with sections 19a-77 to 19a-87, inclusive, as amended by this act, (2) such facility is operated without profit by such business firm related to any charges imposed for the use of such facility for purposes of child day care, and (3) the amount of tax credit allowed any business firm under the provisions of this section for any income year may not exceed fifty thousand dollars. If two or more business firms share in the cost of establishing such a facility for the children of their employees, each such taxpayer shall be allowed such credit in relation to the respective share, paid or incurred by such taxpayer, of the total expenditures for the facility in such income year. The commissioner shall not grant a credit pursuant to this section to any taxpayer claiming a credit for the same year pursuant to section 12-217x.
Sec. 63. Subsection (b) of section 17a-101 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist or psychologist, a school employee, as defined in section 53a-65, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, any person who is a licensed professional counselor, any person who is a licensed foster parent, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health, any employee of the Office of Early Childhood who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of the Child Advocate and any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department.
Sec. 64. Subsection (b) of section 17b-90 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) No person shall, except for purposes directly connected with the administration of programs of the Department of Social Services and in accordance with the regulations of the commissioner, solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance from the Department of Social Services or persons participating in a program administered by said department, directly or indirectly derived from the records, papers, files or communications of the state or its subdivisions or agencies, or acquired in the course of the performance of official duties. The Commissioner of Social Services shall disclose (1) to any authorized representative of the Labor Commissioner such information directly related to unemployment compensation, administered pursuant to chapter 567 or information necessary for implementation of sections 17b-688b, 17b-688c and 17b-688h and section 122 of public act 97-2 of the June 18 special session, (2) to any authorized representative of the Commissioner of Mental Health and Addiction Services any information necessary for the implementation and operation of the basic needs supplement program, (3) to any authorized representative of the Commissioner of Administrative Services or the Commissioner of Emergency Services and Public Protection such information as the Commissioner of Social Services determines is directly related to and necessary for the Department of Administrative Services or the Department of Emergency Services and Public Protection for purposes of performing their functions of collecting social services recoveries and overpayments or amounts due as support in social services cases, investigating social services fraud or locating absent parents of public assistance recipients, (4) to any authorized representative of the Commissioner of Children and Families necessary information concerning a child or the immediate family of a child receiving services from the Department of Social Services, including safety net services, if the Commissioner of Children and Families or the Commissioner of Social Services has determined that imminent danger to such child's health, safety or welfare exists to target the services of the family services programs administered by the Department of Children and Families, (5) to a town official or other contractor or authorized representative of the Labor Commissioner such information concerning an applicant for or a recipient of assistance under state-administered general assistance deemed necessary by the Commissioner of Social Services and the Labor Commissioner to carry out their respective responsibilities to serve such persons under the programs administered by the Labor Department that are designed to serve applicants for or recipients of state-administered general assistance, (6) to any authorized representative of the Commissioner of Mental Health and Addiction Services for the purposes of the behavioral health managed care program established by section 17a-453, (7) to any authorized representative of the Commissioner of [Public Health] Early Childhood to carry out his or her respective responsibilities under programs that regulate child day care services or youth camps, (8) to a health insurance provider, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning a child and the custodial parent of such child that is necessary to enroll such child in a health insurance plan available through such provider when the noncustodial parent of such child is under court order to provide health insurance coverage but is unable to provide such information, provided the Commissioner of Social Services determines, after providing prior notice of the disclosure to such custodial parent and an opportunity for such parent to object, that such disclosure is in the best interests of the child, (9) to any authorized representative of the Department of Correction, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning noncustodial parents that is necessary to identify inmates or parolees with IV-D support cases who may benefit from Department of Correction educational, training, skill building, work or rehabilitation programming that will significantly increase an inmate's or parolee's ability to fulfill such inmate's support obligation, (10) to any authorized representative of the Judicial Branch, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information concerning noncustodial parents that is necessary to: (A) Identify noncustodial parents with IV-D support cases who may benefit from educational, training, skill building, work or rehabilitation programming that will significantly increase such parent's ability to fulfill such parent's support obligation, (B) assist in the administration of the Title IV-D child support program, or (C) assist in the identification of cases involving family violence, (11) to any authorized representative of the State Treasurer, in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, information that is necessary to identify child support obligors who owe overdue child support prior to the Treasurer's payment of such obligors' claim for any property unclaimed or presumed abandoned under part III of chapter 32, or (12) to any authorized representative of the Commissioner of Housing for the purpose of verifying whether an applicant for the renters rebate program established by section 12-170d is a recipient of cash assistance from the Department of Social Services and the amount of such assistance. No such representative shall disclose any information obtained pursuant to this section, except as specified in this section. Any applicant for assistance provided through said department shall be notified that, if and when such applicant receives benefits, the department will be providing law enforcement officials with the address of such applicant upon the request of any such official pursuant to section 17b-16a.
Sec. 65. Subsection (a) of section 10-16mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) There is established a task force to address the academic achievement gaps in Connecticut by considering effective approaches to closing the achievement gaps in elementary, middle and high schools. The task force shall develop, in consultation with the Department of Education, the Connecticut State University System, the Interagency Council for Ending the Achievement Gap established pursuant to section 10-16nn, and the joint standing committee of the General Assembly having cognizance of matters relating to education, a master plan to eliminate the academic achievement gaps by January 1, 2020. Such master plan shall: (1) Identify the achievement gaps that exist among and between (A) racial groups, (B) ethnic groups, (C) socioeconomic groups, (D) genders, and (E) English language learners and students whose primary language is English; (2) focus efforts on closing the achievement gaps identified in subdivision (1) of this subsection; (3) establish annual benchmarks for implementation of the master plan and closing the achievement gaps; and (4) make recommendations regarding the creation of a Secretary of Education. [; and (5) develop a plan for (A) changing the requirement for when a child five years of age may enroll in kindergarten pursuant to section 10-15c from January first of the school year to October first of the school year, and (B) the creation of spaces in school readiness programs for those children who reach the age of five after October first of any school year and are no longer eligible to enroll in kindergarten for such school year. ] The task force may amend such master plan at any time. For purposes of this section, "achievement gaps" means the existence of a significant disparity in the academic performance of students among and between (A) racial groups, (B) ethnic groups, (C) socioeconomic groups, (D) genders, and (E) English language learners and students whose primary language is English.
Sec. 66. Section 17b-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The Commissioner of Social Services shall develop a state-wide fraud early detection system. The purpose of such system shall be to identify, investigate and determine if an application for assistance under (1) programs administered by the department, including, but not limited to, [(1)] (A) the temporary family assistance program, [(2)] (B) the supplemental nutrition assistance program, [(3)] (C) the child care subsidy program, or [(4)] (D) the Medicaid program pursuant to Title XIX of the Social Security Act, and (2) the child care subsidy program administered by the Office of Early Childhood, pursuant to section 17b-749, as amended by this act, is fraudulent prior to granting assistance. The Commissioner of Social Services shall consult with the Commissioner of Early Childhood regarding the development of such state-wide fraud early detection system for such child care subsidy program. The [commissioner] Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, for the purpose of developing and implementing said system. The [commissioner] Commissioner of Social Services shall submit quarterly reports concerning savings realized through the implementation of the state-wide fraud early detection system to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies.
Sec. 67. Subsection (d) of section 31-286a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(d) For purposes of this section, "sufficient evidence" means (1) a certificate of self-insurance issued by a workers' compensation commissioner pursuant to section 31-284, (2) a certificate of compliance issued by the Insurance Commissioner pursuant to section 31-286, (3) a certificate of insurance issued by any stock or mutual insurance company or mutual association authorized to write workers' compensation insurance in this state or its agent, or (4) in lieu of a physical certificate of insurance being presented for the issuance or renewal of licenses and permits issued by the Department of Consumer Protection, [or] the Department of Public Health or the Office of Early Childhood, the entrance by the applicant on the renewal form of the name of the insurer, insurance policy number, effective dates of coverage, and a certification that the same is truthful and accurate.
Sec. 68. Section 1 of special act 13-16 is amended to read as follows (Effective from passage):
Any child day care facility or child day care center that received a loan pursuant to section 10a-194c of the general statutes, as amended by this act, prior to July 1, 2012, and that (1) entered into a contract with the Commissioner of Social Services pursuant to section 8-210 of the general statutes, as amended by this act, on or before July 1, 2012, for state financial assistance in operating a child day care facility or child day care center, or (2) received a grant pursuant to subsection (c) of section 10-16p of the general statutes, as amended by this act, shall continue to receive state financial assistance from the [Department of Education] Office of Early Childhood, pursuant to section 8-210 of the general statutes, as amended by this act, and subsection (c) of section 10-16p of the general statutes, as amended by this act, until the loan received pursuant to section 10a-194c of the general statutes, as amended by this act, is fully paid off by such child day care facility or child day care center.
Sec. 69. Section 19a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) When the Commissioner of [Public Health] Early Childhood has reason to believe any person licensed under sections 19a-77 to 19a-80, inclusive, as amended by this act, and sections 19a-82 to 19a-87, inclusive, as amended by this act, has failed substantially to comply with the regulations adopted under said sections, the commissioner may notify the licensee in writing of the commissioner's intention to suspend or revoke the license or to impose a licensure action. Such notice shall be served by certified mail stating the particular reasons for the proposed action. The licensee may, if aggrieved by such intended action, make application for a hearing in writing over the licensee's signature to the commissioner. The licensee shall state in the application in plain language the reasons why the licensee claims to be aggrieved. The application shall be delivered to the commissioner [within] not later than thirty days [of] after the licensee's receipt of notification of the intended action. The commissioner shall thereupon hold a hearing [within] or cause a hearing to be held not later than sixty days [from] after receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to the licensee. The hearing may be conducted by the commissioner or by a hearing officer appointed by the commissioner in writing. The licensee and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses. The licensee shall be entitled to be represented by counsel and a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer, the hearing officer shall state the hearing officer's findings and make a recommendation to the commissioner on the issue of revocation or suspension or the intended licensure action. The commissioner, based upon the findings and recommendation of the hearing officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision in writing suspending, revoking or continuing the license or regarding the intended licensure action. A copy of the decision shall be sent by certified mail to the licensee. The decision revoking or suspending the license or a decision imposing a licensure action shall become effective thirty days after it is mailed by registered or certified mail to the licensee. A licensee aggrieved by the decision of the commissioner may appeal as provided in section 19a-85, as amended by this act. Any licensee whose license has been revoked pursuant to this subsection shall be ineligible to apply for a license for a period of one year from the effective date of revocation.
(b) The provisions of this section shall not apply to the denial of an initial application for a license under sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87, inclusive, as amended by this act, provided the commissioner shall notify the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the license application.
Sec. 70. Section 19a-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person aggrieved by a decision of the Commissioner of [Public Health] Early Childhood rendered under section 19a-82 or 19a-84, as amended by this act, may appeal the decision of the commissioner in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain. Such appeal shall have precedence in the order of trial as provided in section 52-192.
Sec. 71. Subdivision (14) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(14) "Employer" means an elected school committee, a board of education, the State Board of Education, the Office of Early Childhood, the Board of Regents for Higher Education or any of the constituent units, the governing body of the Children's Center and its successors, the E. O. Smith School and any other activity, institution or school employing members.
Sec. 72. Subdivision (20) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(20) "Public school" means any day school conducted within or without this state under the orders and superintendence of a duly elected school committee, a board of education, the State Board of Education, the Office of Early Childhood, the board of governors or any of its constituent units, the E. O. Smith School, the Children's Center and its successors, the State Education Resource Center established pursuant to section 10-4q, joint activities of boards of education authorized by subsection (b) of section 10-158a and any institution supported by the state at which teachers are employed or any incorporated secondary school not under the orders and superintendence of a duly elected school committee or board of education but located in a town not maintaining a high school and providing free tuition to pupils of the town in which it is located, and which has been approved by the State Board of Education under the provisions of part II of chapter 164, provided that such institution or such secondary school is classified as a public school by the retirement board.
Sec. 73. Subdivision (26) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(26) "Teacher" means (A) any teacher, permanent substitute teacher, principal, assistant principal, supervisor, assistant superintendent or superintendent employed by the public schools in a professional capacity while possessing a certificate or permit issued by the State Board of Education, provided on and after July 1, 1975, such certificate shall be for the position in which the person is then employed, except as provided for in section 10-183qq, (B) certified personnel who provide health and welfare services for children in nonprofit schools, as provided in section 10-217a, under an oral or written agreement, (C) any person who is engaged in teaching or supervising schools for adults if the annual salary paid for such service is equal to or greater than the minimum salary paid for a regular, full-time teaching position in the day schools in the town where such service is rendered, (D) a member of the professional staff of the State Board of Education, the Office of Early Childhood, or of the Board of Regents for Higher Education or any of the constituent units, and (E) a member of the staff of the State Education Resource Center established pursuant to section 10-4q employed in a professional capacity while possessing a certificate or permit issued by the State Board of Education. A "permanent substitute teacher" is one who serves as such for at least ten months during any school year.
Sec. 74. (Effective July 1, 2014) Notwithstanding the provisions of subsection (b) of section 17b-90 and sections 19a-77, 19a-79, 19a-80, 19a-80f, 19a-82, 19a-84 to 19a-87e, inclusive, of the general statutes, as amended by this act, for the fiscal year ending June 30, 2015, the Commissioner of Early Childhood may enter into a memorandum of agreement with the Commissioner of Public Health regarding (1) assistance of the Department of Public Health in the implementation of the provisions of sections 19a-77, 19a-79, 19a-80, 19a-80f, 19a-82, 19a-84 to 19a-87e, inclusive, of the general statutes, as amended by this act, and (2) the disclosure of records received by the Office of Early Childhood, pursuant to subsection (b) of section 17b-90 and section 19a-80f of the general statutes, as amended by this act, to the Department of Public Health.
Sec. 75. Section 19a-420 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
As used in this chapter:
(1) "Youth camp" means any regularly scheduled program or organized group activity advertised as a camp or operated only during school vacations or on weekends by a person, partnership, corporation, association, the state or a municipal agency for recreational or educational purposes and accommodating for profit or under philanthropic or charitable auspices five or more children, who are at least three years of age and under sixteen years of age, who are (A) not bona fide personal guests in the private home of an individual, and (B) living apart from their relatives, parents or legal guardian, for a period of three days or more per week or portions of three or more days per week, provided any such relative, parent or guardian who is an employee of such camp shall not be considered to be in the position of loco parentis to such employee's child for the purposes of this chapter, but does not include (i) classroom-based summer instructional programs operated by any person, provided no activities that may pose a health risk or hazard to participating children are conducted at such programs, (ii) public schools, or private schools in compliance with section 10-188 and approved by the State Board of Education or accredited by an accrediting agency recognized by the State Board of Education, which operate a summer educational program, (iii) licensed day care centers, or (iv) drop-in programs for children who are at least six years of age administered by a nationally chartered boys' and girls' club;
(2) "Resident camp" means any youth camp which is established, conducted or maintained on any parcel or parcels of land on which there are located dwelling units or buildings intended to accommodate five or more children who are at least three years of age and under sixteen years of age for at least seventy-two consecutive hours and in which the campers attending such camps eat and sleep;
(3) "Day camp" means any youth camp which is established, conducted or maintained on any parcel or parcels of land on which there are located dwelling units or buildings intended to accommodate five or more children who are at least three years of age and under sixteen years of age during daylight hours for at least three days a week with the campers eating and sleeping at home, except for one meal per day, but does not include programs operated by a municipal agency;
(4) "Person" means the state or any municipal agency, individual, partnership, association, organization, limited liability company or corporation;
(5) "Commissioner" means the Commissioner of [Public Health] Early Childhood; and
(6) ["Department" means the Department of Public Health. ] "Office" means the Office of Early Childhood.
Sec. 76. Section 19a-421 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
No person shall establish, conduct or maintain a youth camp without a license issued by the [department] office. Applications for such license shall be made in writing at least thirty days prior to the opening of the youth camp on forms provided and in accordance with procedures established by the commissioner and shall be accompanied by a fee of eight hundred fifteen dollars or, if the applicant is a nonprofit, nonstock corporation or association, a fee of three hundred fifteen dollars or, if the applicant is a day camp affiliated with a nonprofit organization, for no more than five days duration and for which labor and materials are donated, no fee. All such licenses shall be valid for a period of one year from the date of issuance unless surrendered for cancellation or suspended or revoked by the commissioner for violation of this chapter or any regulations adopted under section 19a-428, as amended by this act, and shall be renewable upon payment of [a] an eight-hundred-fifteen-dollar license fee or, if the licensee is a nonprofit, nonstock corporation or association, a three-hundred-fifteen-dollar license fee or, if the applicant is a day camp affiliated with a nonprofit organization, for no more than five days duration and for which labor and materials are donated, no fee.
Sec. 77. Section 19a-422 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
To be eligible for the issuance or renewal of a youth camp license pursuant to this chapter, the camp shall satisfy the following requirements: (1) The location of the camp shall be such as to provide adequate surface drainage and afford facilities for obtaining a good water supply; (2) each dwelling unit, building and structure shall be maintained in good condition, suitable for the use to which it is put, and shall present no health or fire hazard as so certified by the [department] office and the State Fire Marshal or local fire marshal, as indicated by a current fire marshal certificate dated within the past year and available on site when the youth camp is in operation; (3) there shall be an adequate and competent staff, which includes the camp director or assistant director, one of whom shall be on site at all times the camp is in operation, activities specialists, counselors and maintenance personnel, of good character and reputation; (4) prior to assuming responsibility for campers, staff shall be trained, at a minimum, on the camp's policies and procedures pertaining to behavioral management and supervision, emergency health and safety procedures and recognizing, preventing and reporting child abuse and neglect; (5) all hazardous activities, including, but not limited to, archery, aquatics, horseback riding and firearms instruction, shall be supervised by a qualified activities specialist who has adequate experience and training in such specialist's area of specialty; (6) the staff of a resident and nonresident camp shall at all times include an adult trained in the administration of first aid as required by the commissioner; (7) records of personal data for each camper shall be kept in any reasonable form the camp director may choose, and shall include (A) the camper's name, age and address, (B) the name, address and telephone number of the parents or guardian, (C) the dates of admission and discharge, and (D) such other information as the commissioner shall require. Any youth camp licensed under this chapter shall operate only as the type of camp authorized by such license. Such camps shall not advertise any service they are not equipped or licensed to offer. The license shall be posted in a conspicuous place at camp headquarters and failure to so post the license shall result in the presumption that the camp is being operated in violation of this chapter.
Sec. 78. Section 19a-423 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The commissioner may take any of the actions authorized under subsection (b) of this section if the youth camp licensee: (1) Is convicted of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; (2) is legally adjudicated insane or mentally incompetent, the record of such adjudication being conclusive evidence thereof; (3) uses any narcotic or any controlled drug, as defined in section 21a-240, to an extent or in a manner that such use impairs the licensee's ability to properly care for children; (4) fails to comply with the statutes and regulations for licensing youth camps; (5) furnishes or makes any misleading or any false statement or report to the [department] office; (6) refuses to submit to the [department] office any reports or refuses to make available to the [department] office any records required by it in investigating the facility for licensing purposes; (7) fails or refuses to submit to an investigation or inspection by the [department] office or to admit authorized representatives of the [department] office at any reasonable time for the purpose of investigation, inspection or licensing; (8) fails to provide, maintain, equip and keep in safe and sanitary condition premises established for or used by the campers pursuant to minimum standards prescribed by the [department] office or by ordinances or regulations applicable to the location of such facility; or (9) wilfully or deliberately violates any of the provisions of this chapter.
(b) The [Commissioner of Public Health] commissioner, after a contested case hearing held in accordance with the provisions of chapter 54, may take any of the following actions, singly or in combination, in any case in which the commissioner finds that there has been a substantial failure to comply with the requirements established under sections 19a-420 to 19a-428, inclusive, as amended by this act, the Public Health Code or regulations adopted pursuant to section 19a-428, as amended by this act: (1) Revoke a license; (2) suspend a license; (3) impose a civil penalty of not more than one hundred dollars per violation for each day of occurrence; (4) place a licensee on probationary status and require such licensee to report regularly to the [department] office on the matters that are the basis of the probation; (5) restrict the acquisition of other facilities for a period of time set by the commissioner; or (6) impose limitations on a license.
(c) The commissioner shall notify the licensee, in writing, of the commissioner's intention to suspend or revoke the license or to impose a licensure action. The licensee may, if aggrieved by such intended action, make application for a hearing, in writing, over the licensee's signature to the commissioner. The licensee shall state in the application in plain language the reasons why the licensee claims to be aggrieved. The application shall be delivered to the commissioner not later than thirty days after the licensee's receipt of notification of the intended action.
(d) The commissioner shall hold a hearing not later than sixty days after receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to the licensee. The hearing may be conducted by the commissioner or by a hearing officer appointed by the commissioner, in writing. The licensee and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses. The licensee shall be entitled to be represented by counsel and a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer, the hearing officer shall state the hearing officer's findings and make a recommendation to the commissioner on the issue of revocation or suspension or the intended licensure action.
(e) The commissioner, based upon the findings and recommendation of the hearing officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision, in writing, suspending, revoking or continuing the license or regarding the intended licensure action. A copy of the decision shall be sent by certified mail to the licensee. The decision revoking or suspending the license or a decision imposing a licensure action shall become effective thirty days after it is mailed by registered or certified mail to the licensee. A licensee aggrieved by the decision of the commissioner may appeal in the same manner as provided in section 19a-85.
(f) The provisions of subsections (c) to (e), inclusive, of this section shall not apply to the denial of an initial application for a license under section 19a-421, as amended by this act, provided the commissioner notifies the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the license application.
(g) If the [department] office determines that the health, safety or welfare of a child or staff person at a youth camp requires imperative emergency action by the [department] office to halt an activity being provided at the camp, the [department] office may issue a cease and desist order limiting the license and requiring the immediate cessation of the activity. The [department] office shall provide the licensee with an opportunity for a hearing regarding the issuance of a cease and desist order. Such hearing shall be held not later than ten business days after the date of issuance of the order. Upon receipt of such order, the licensee shall cease providing the activity and provide immediate notification to staff and the parents of all children attending the camp that such activity has ceased at the camp until such time as the cease and desist order is dissolved by the [department] office.
Sec. 79. Section 19a-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person who establishes, conducts or maintains a youth camp without a license as required by this chapter for a first offense shall be subject to a civil penalty of not more than one thousand dollars, and for a second or subsequent offense shall be subject to a civil penalty of not more than one thousand five hundred dollars, and each day during which a youth camp is conducted or maintained without a license, after notification to such person by the commissioner, shall constitute a separate offense. The [Commissioner of Public Health] commissioner may apply to the superior court for the judicial district of Hartford, or for the judicial district where the defendant named in such application resides, for an injunction to restrain the operation or maintenance of a youth camp by any person other than a licensed operator. The application for such injunction or the issuance of the same shall be in addition to and shall not relieve any such person from the imposition of a civil penalty under this section. In connection with any such application for an injunction, it shall not be necessary to prove that an adequate remedy at law does not exist.
Sec. 80. Section 19a-426 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [Department of Public Health] office shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license shall be granted, and shall annually thereafter inspect or cause to be inspected the facilities of all licensees. No annual inspection shall be required under this section in the case of facilities of a licensee located in any dormitory, classroom or other building or any athletic facility owned and maintained by any college or university, provided a timely safety inspection of such building or facility, satisfactory to the [department] office, is conducted by or on behalf of such college or university.
Sec. 81. Section 19a-427 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [Commissioner of Public Health] commissioner is authorized to accept, on behalf of the state, any grants of federal or private funds made available for any purposes consistent with the provisions of this chapter. The commissioner, with the approval of the Secretary of the Office of Policy and Management, may direct the disposition of any such grants so accepted in conformity with the terms and conditions under which given.
Sec. 82. Section 19a-428 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The [Commissioner of Public Health] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, relating to the safe operation of youth camps, including, but not limited to, personnel qualifications for director and staff; ratio of staff to campers; sanitation and public health; personal health, first aid and medical services; food handling, mass feeding and cleanliness; water supply and waste disposal; water safety, including use of lakes and rivers, swimming and boating equipment and practices, vehicle condition and operation; building and site design; equipment; and condition and density of use, as the commissioner may deem necessary or desirable. Such regulations shall be construed to be minimum standards subject to the imposition and enforcement of higher standards by any town, city or borough.
(b) The [Commissioner of Public Health] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, allowing physical examinations or health status certifications required by youth camps prior to the date of arrival at youth camps to be made by a physician, an advanced practice registered nurse or registered nurse licensed pursuant to chapter 378 or a physician assistant licensed pursuant to chapter 370. Such regulations shall permit a physical examination that is required for school purposes to also be used to satisfy any such required youth camp examination or certification, subject to such conditions regarding the timeliness of such examination as the commissioner deems appropriate.
(c) The [Commissioner of Public Health] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, that specify conditions under which youth camp directors and staff may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child enrolled in a youth camp at such camp. The regulations shall require authorization pursuant to: (1) The written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, an advanced practice registered nurse licensed under chapter 378, a physician assistant licensed under chapter 370, a podiatrist licensed under chapter 375 or an optometrist licensed under chapter 380; and (2) the written authorization of a parent or guardian of such child.
Sec. 83. Section 19a-429 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person having reasonable cause to believe that a youth camp, as defined in section 19a-420, as amended by this act, is operating without a current and valid license or in violation of regulations adopted under section 19a-428, as amended by this act, or in a manner which may pose a potential danger to the health, welfare and safety of a child receiving youth camp services, may report such information to the [Department of Public Health] office. The [department] office shall investigate any report or complaint received pursuant to this section. In connection with any investigation of a youth camp, the [Commissioner of Public Health] commissioner or [said] the commissioner's authorized agent may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section. The name of the person making the report or complaint shall not be disclosed unless (1) such person consents to such disclosure, (2) a judicial or administrative proceeding results therefrom, or (3) a license action pursuant to section 19a-423, as amended by this act, results from such report or complaint. All records obtained by the [department] office in connection with any such investigation shall not be subject to the provisions of section 1-210 for a period of thirty days from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier. A formal statement of charges issued by the [department] office shall be subject to the provisions of section 1-210 from the time that it is served or mailed to the respondent. Records which are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this section.
Sec. 84. (Effective July 1, 2014) The Commissioner of Early Childhood shall develop a plan to provide spaces to all eligible children, as defined in section 85 of this act, in an accredited school readiness program, as defined in section 85 of this act, or a school readiness program seeking accreditation, as defined in section 85 of this act. The commissioner shall submit such plan to the Governor on or before January 1, 2015.
Sec. 85. (NEW) (Effective July 1, 2014) (a) For purposes of this section:
(1) "Eligible town" means a town in which a priority school, as defined in section 10-16p of the general statutes, as amended by this act, is located or a town ranked one to fifty when all towns are ranked in ascending order according to town wealth, as defined in subdivision (26) of section 10-262f of the general statutes, whose school district is not a priority school district pursuant to section 10-266p of the general statutes;
(2) "Eligible regional school readiness council" means a regional school readiness council, pursuant to subsection (c) of section 10-16r of the general statutes, as amended by this act, for a region in which a priority school is located;
(3) "Eligible children" means children (A) three and four years of age and children five years of age who are not eligible to enroll in school pursuant to section 10-15c of the general statutes, or who are eligible to enroll in school and will attend a school readiness program pursuant to section 10-16t of the general statutes, and (B) who reside (i) in an area served by a priority school or a former priority school, as described in subdivision (2) of subsection (d) of section 10-16p of the general statutes, as amended by this act, (ii) in a town ranked one to fifty when all towns are ranked in ascending order according to town wealth, as defined in subdivision (26) of section 10-262f of the general statutes, whose school district is not a priority school district pursuant to section 10-266p of the general statutes, (iii) in a town formerly a town described in clause (ii) of this subparagraph, as provided for in subdivision (2) of subsection (d) of section 10-16p of the general statutes, as amended by this act, or (iv) in a town designated as an alliance district, as defined in section 10-262u of the general statutes, whose school district is not a priority school district pursuant to section 10-266p of the general statutes;
(4) "School readiness program" has the same meaning as provided in section 10-16p of the general statutes, as amended by this act;
(5) "Priority school" has the same meaning as provided in section 10-16p of the general statutes, as amended by this act;
(6) "Accredited" has the same meaning as provided in section 10-16p of the general statutes, as amended by this act; and
(7) "Seeking accreditation" has the same meaning as provided in section 10-16p of the general statutes, as amended by this act.
(b) The Commissioner of Early Childhood shall establish a grant program for eligible towns and eligible regional school readiness councils for (1) start-up of school readiness classrooms, and (2) providing spaces to all eligible children in accredited school readiness programs and school readiness programs seeking accreditation. An eligible town or eligible regional school readiness council may apply for such grant to the commissioner, at such time and in such manner as the commissioner prescribes.
Sec. 86. (NEW) (Effective from passage) On or before March 1, 2015, the Commissioner of Early Childhood, in consultation with the Department of Education, shall develop a preschool experience survey that may be included in kindergarten registration materials provided by local and regional boards of education to parents or guardians of children enrolling in kindergarten pursuant to section 10-184 of the general statutes. The board shall use such survey to collect information regarding (1) whether the child enrolling in kindergarten has participated in a preschool program, and (2) (A) if such child has participated in a preschool program, the nature, length and setting of such preschool program, or (B) if the child has not participated in a preschool program, the reasons why such child did not participate in a preschool program, including, but not limited to, financial difficulty, lack of transportation, parental choice regarding enrollment, limitations related to the hours of operation of available preschool programs and any other barriers to participation in a preschool program. A local or regional board of education shall not require any parent or guardian of such child to complete such survey as a condition of such child's enrollment in kindergarten.
Sec. 87. Subsection (c) of section 10-10a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(c) [On or before July 1, 2013, the department shall expand the] The state-wide public school information system [as follows] shall:
(1) Track and report data relating to student, teacher and school and district performance growth and make such information available to local and regional boards of education for use in evaluating educational performance and growth of teachers and students enrolled in public schools in the state. Such information shall be collected or calculated based on information received from local and regional boards of education and other relevant sources. Such information shall include, but not be limited to:
(A) In addition to performance on state-wide mastery examinations pursuant to subsection (b) of this section, data relating to students shall include, but not be limited to, (i) the primary language spoken at the home of a student, (ii) student transcripts, (iii) student attendance and student mobility, [and] (iv) reliable, valid assessments of a student's readiness to enter public school at the kindergarten level, and (v) data collected, if any, from the preschool experience survey, described in section 86 of this act;
(B) Data relating to teachers shall include, but not be limited to, (i) teacher credentials, such as master's degrees, teacher preparation programs completed and certification levels and endorsement areas, (ii) teacher assessments, such as whether a teacher is deemed highly qualified pursuant to the No Child Left Behind Act, P. L. 107-110, or deemed to meet such other designations as may be established by federal law or regulations for the purposes of tracking the equitable distribution of instructional staff, (iii) the presence of substitute teachers in a teacher's classroom, (iv) class size, (v) numbers relating to absenteeism in a teacher's classroom, and (vi) the presence of a teacher's aide. The department shall assign a unique teacher identifier to each teacher prior to collecting such data in the public school information system;
(C) Data relating to schools and districts shall include, but not be limited to, (i) school population, (ii) annual student graduation rates, (iii) annual teacher retention rates, (iv) school disciplinary records, such as data relating to suspensions, expulsions and other disciplinary actions, (v) the percentage of students whose primary language is not English, (vi) the number of and professional credentials of support personnel, and (vii) information relating to instructional technology, such as access to computers.
(2) Collect data relating to student enrollment in and graduation from institutions of higher education for any student who had been assigned a unique student identifier pursuant to subsection (b) of this section, provided such data is available.
(3) Develop means for access to and data sharing with the data systems of public institutions of higher education in the state.
Sec. 88. Sections 10-16s, 10-16cc, 10-16dd, 17b-23 and 19a-83 of the general statutes are repealed. (Effective July 1, 2014)