Sec. 10-215m. Local food for schools incentive program.
Sec. 10-212a. Administration of medications in schools, at athletic events and to children in school readiness programs. (a)(1) A school nurse or, in the absence of such nurse, any other nurse licensed pursuant to the provisions of chapter 378, including a nurse employed by, or providing services under the direction of a local or regional board of education at, a school-based health clinic, who shall administer medical preparations only to students enrolled in such school-based health clinic in the absence of a school nurse, the principal, any teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, or coach of intramural and interscholastic athletics of a school may administer, subject to the provisions of subdivision (2) of this subsection, medicinal preparations, including such controlled drugs as the Commissioner of Consumer Protection may, by regulation, designate, to any student at such school 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 optometrist licensed to practice optometry in this state under chapter 380, 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. The administration of medicinal preparations by a nurse licensed pursuant to the provisions of chapter 378, a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, or coach shall be under the general supervision of a school nurse. No such school nurse or other nurse, principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator administering medication pursuant to this section shall be liable to such student or a parent or guardian of such student for civil damages for any personal injuries that result from acts or omissions of such school nurse or other nurse, principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator administering medication pursuant to this section in administering such preparations that may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross, wilful or wanton negligence.
(2) Each local and regional board of education that allows a school nurse or, in the absence of such nurse, any other nurse licensed pursuant to the provisions of chapter 378, including a nurse employed by, or providing services under the direction of a local or regional board of education at, a school-based health clinic, who shall administer medical preparations only to students enrolled in such school-based health clinic in the absence of a school nurse, the principal, any teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach of intramural and interscholastic athletics or paraeducator of a school to administer medicine or that allows a student to possess, self-administer or possess and self-administer medicine, including medicine administered through the use of an asthmatic inhaler or an automatic prefilled cartridge injector or similar automatic injectable equipment, shall adopt written policies and procedures, in accordance with this section and the regulations adopted pursuant to subsection (c) of this section, that shall be approved by the school medical advisor, if any, or other qualified licensed physician. Once so approved, such administration of medication shall be in accordance with such policies and procedures.
(3) A director of a school readiness program as defined in section 10-16p or a before or after school program exempt from licensure by the Department of Public Health pursuant to subdivision (1) of subsection (b) of section 19a-77, or the director's designee, may administer medications to a child enrolled in such a program in accordance with regulations adopted by the State Board of Education in accordance with the provisions of chapter 54. No individual administering medications pursuant to this subdivision shall be liable to such child or a parent or guardian of such child for civil damages for any personal injuries that result from acts or omissions of such individual in administering such medications which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, wilful or wanton negligence.
(b) Each school wherein any controlled drug is administered under the provisions of this section shall keep such records thereof as are required of hospitals under the provisions of subsections (f) and (h) of section 21a-254 and shall store such drug in such manner as the Commissioner of Consumer Protection shall, by regulation, require.
(c) The State Board of Education, in consultation with the Commissioner of Public Health, shall adopt regulations, in accordance with the provisions of chapter 54, determined to be necessary by the board to carry out the provisions of this section, including, but not limited to, regulations that (1) specify conditions under which a coach of intramural and interscholastic athletics may administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child participating in such intramural and interscholastic athletics, (2) specify conditions and procedures for the administration of medication by school personnel to students, including, but not limited to, (A) the conditions and procedures for the storage and administration of epinephrine by school personnel to students for the purpose of emergency first aid to students who experience allergic reactions and who do not have a prior written authorization for the administration of epinephrine, in accordance with the provisions of subdivision (2) of subsection (d) of this section, and (B) the conditions and procedures for the storage and administration of opioid antagonists by school personnel to students who experience an opioid-related drug overdose and who do not have a prior written authorization for the administration of an opioid antagonist, in accordance with the provisions of subdivision (1) of subsection (g) of this section, and (3) specify conditions for the possession, self-administration or possession and self-administration of medication by students, including permitting a child diagnosed with: (A) Asthma to retain possession of an asthmatic inhaler at all times while attending school for prompt treatment of the child's asthma and to protect the child against serious harm or death provided a written authorization for self-administration of medication signed by the child's parent or guardian and an authorized prescriber is submitted to the school nurse; and (B) an allergic condition to retain possession of an automatic prefilled cartridge injector or similar automatic injectable equipment at all times, including while attending school or receiving school transportation services, for prompt treatment of the child's allergic condition and to protect the child against serious harm or death provided a written authorization for self-administration of medication signed by the child's parent or guardian and an authorized prescriber is submitted to the school nurse. The regulations shall require authorization pursuant to: (i) The written order of a physician licensed to practice medicine in this or another state, 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 (ii) the written authorization of a parent or guardian of such child.
(d) (1) (A) With the written authorization of a student's parent or guardian, and (B) pursuant to the written order of a qualified medical professional, a school nurse and a school medical advisor, if any, may jointly approve and provide general supervision to an identified paraeducator to administer medication, including, but not limited to, medication administered with a cartridge injector, to a specific student with a medically diagnosed allergic condition that may require prompt treatment in order to protect the student against serious harm or death. Each such paraeducator and any qualified school employee authorized to administer epinephrine in the absence of a school nurse pursuant to policies and procedures adopted by a board of education in accordance with subdivision (2) of subsection (a) of this section shall annually complete the training program described in section 10-212g.
(2) A school nurse or, in the absence of a school nurse, a qualified school employee shall maintain epinephrine for the purpose of emergency first aid to students who experience allergic reactions and do not have a prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of epinephrine. A school nurse or a school principal shall select qualified school employees to administer such epinephrine under this subdivision, and there shall be at least one such qualified school employee on the grounds of the school during regular school hours in the absence of a school nurse. A school nurse or, in the absence of such school nurse, such qualified school employee may administer such epinephrine under this subdivision, provided such administration of epinephrine is in accordance with policies and procedures adopted pursuant to subsection (a) of this section. Such administration of epinephrine by a qualified school employee shall be limited to situations when the school nurse is absent or unavailable. No qualified school employee shall administer such epinephrine under this subdivision unless such qualified school employee annually completes the training program described in section 10-212g. The parent or guardian of a student may submit, in writing, to the school nurse and school medical advisor, if any, that epinephrine shall not be administered to such student under this subdivision.
(3) In the case of a student with a medically diagnosed life-threatening allergic condition, (A) with the written authorization of such student's parent or guardian, and (B) pursuant to the written order of a qualified medical professional, such student may possess, self-administer or possess and self-administer medication, including, but not limited to, medication administered with a cartridge injector, to protect such student against serious harm or death.
(4) For purposes of this subsection, (A) “epinephrine” means an automatic prefilled cartridge injector or similar automatic injectable equipment, a nasal spray or any other medical equipment approved by the United States Food and Drug Administration that is used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions, (B) “qualified school employee” means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator, and (C) “qualified medical professional” means (i) a physician licensed under chapter 370, (ii) an optometrist licensed to practice optometry under chapter 380, (iii) an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or (iv) a physician assistant licensed to prescribe in accordance with section 20-12d.
(e) (1) With the written authorization of a student's parent or guardian, and (2) pursuant to a written order of the student's physician licensed under chapter 370 or the student's advanced practice registered nurse licensed under chapter 378, a school nurse or a school principal shall select, and a school nurse shall provide general supervision to, a qualified school employee to administer medication with equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death. Such authorization shall be limited to situations when the school nurse is absent or unavailable. No qualified school employee shall administer medication under this subsection unless (A) such qualified school employee annually completes any training required by the school nurse and school medical advisor, if any, in the administration of medication with equipment used to administer glucagon, (B) the school nurse and school medical advisor, if any, have attested, in writing, that such qualified school employee has completed such training, and (C) such qualified school employee voluntarily agrees to serve as a qualified school employee. For purposes of this subsection, “equipment used to administer glucagon” means an injector or injectable equipment, nasal spray or any other medical equipment approved by the United States Food and Drug Administration that is used to deliver glucagon in an appropriate dose for emergency first aid response to diabetes. For purposes of this subsection, “qualified school employee” means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator.
(f) (1) (A) With the written authorization of a student's parent or guardian, and (B) pursuant to the written order of a physician licensed under chapter 370 or an advanced practice registered nurse licensed under chapter 378, a school nurse and a school medical advisor, if any, shall select, and a school nurse shall provide general supervision to, a qualified school employee to administer antiepileptic medication, including by rectal syringe, to a specific student with a medically diagnosed epileptic condition that requires prompt treatment in accordance with the student's individual seizure action plan. Such authorization shall be limited to situations when the school nurse is absent or unavailable. No qualified school employee shall administer medication under this subsection unless (i) such qualified school employee annually completes the training program described in subdivision (2) of this subsection, (ii) the school nurse and school medical advisor, if any, have attested, in writing, that such qualified school employee has completed such training, (iii) such qualified school employee receives monthly reviews by the school nurse to confirm such qualified school employee's competency to administer antiepileptic medication under this subsection, and (iv) such qualified school employee voluntarily agrees to serve as a qualified school employee. For purposes of this subsection, “qualified school employee” means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator.
(2) The Department of Education, in consultation with the School Nurse Advisory Council, established pursuant to section 10-212f, and the Association of School Nurses of Connecticut, shall develop an antiepileptic medication administrating training program. Such training program shall include instruction in (A) an overview of childhood epilepsy and types of seizure disorders, (B) interpretation of individual student's emergency seizure action plan and recognition of individual student's seizure activity, (C) emergency management procedures for seizure activity, including administration techniques for emergency seizure medication, (D) when to activate emergency medical services and postseizure procedures and follow-up, (E) reporting procedures after a student has required such delegated emergency seizure medication, and (F) any other relevant issues or topics related to emergency interventions for students who experience seizures.
(g) (1) A school nurse or, in the absence of a school nurse, a qualified school employee may maintain opioid antagonists for the purpose of emergency first aid to students who experience an opioid-related drug overdose and do not have a prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of such opioid antagonist. A school nurse or a school principal shall select qualified school employees to administer such opioid antagonist under this subdivision, and there shall be at least one such qualified school employee on the grounds of the school during regular school hours in the absence of a school nurse. A school nurse or, in the absence of such school nurse, such qualified school employee may administer such opioid antagonist under this subdivision, provided such administration of the opioid antagonist is in accordance with policies and procedures adopted pursuant to subsection (a) of this section. Such administration of an opioid antagonist by a qualified school employee shall be limited to situations when the school nurse is absent or unavailable. No school nurse or qualified school employee shall administer such opioid antagonist under this subdivision unless such school nurse or qualified school employee completes a training program in the distribution and administration of an opioid antagonist developed by the Department of Education, Department of Public Health and the Department of Consumer Protection, or under an agreement entered into pursuant to section 21a-286. The parent or guardian of a student may submit a request, in writing, to the school nurse and school medical advisor, if any, that an opioid antagonist shall not be administered to such student under this subdivision.
(2) Not later than October 1, 2022, the Department of Education, in consultation with the Departments of Consumer Protection and Public Health, shall develop guidelines for use by local and regional boards of education on the storage and administration of opioid antagonists in schools in accordance with the provisions of this subsection.
(3) For purposes of this subsection, (A) “opioid antagonist” means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of a drug overdose, (B) “qualified school employee” means a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or paraeducator, and (C) “qualified medical professional” means (i) a physician licensed under chapter 370, (ii) an optometrist licensed to practice optometry under chapter 380, (iii) an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or (iv) a physician assistant licensed to prescribe in accordance with section 20-12d.
(1969, P.A. 723, S. 1; P.A. 74-86; P.A. 77-101, S. 3; P.A. 78-99, S. 1, 3; 78-303, S. 57, 136; P.A. 79-560, S. 4, 39; 79-631, S. 38, 111; P.A. 84-498, S. 4, 5; P.A. 88-360, S. 47, 63; P.A. 90-85, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 94-103, S. 2; 94-213, S. 1; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 99-2, S. 37; P.A. 03-211, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(h); P.A. 04-181, S. 1; 04-189, S. 1; P.A. 07-241, S. 3; 07-252, S. 36; P.A. 09-155, S. 1; P.A. 12-198, S. 2; P.A. 13-31, S. 15; P.A. 14-176, S. 1; P.A. 15-215, S. 22; P.A. 16-39, S. 6; P.A. 18-185, S. 4–6; P.A. 22-80, S. 7; P.A. 24-41, S. 27; 24-93, S. 6; P.A. 25-143, S. 19.)
History: P.A. 74-86 substituted “in the absence of such nurse” for “in her absence” in Subsec. (a); P.A. 77-101 included reference to Sec. 19-461(h) in Subsec. (b); P.A. 78-99 substituted commissioner of health services for public health council in Subsec. (a) and allowed nurses to administer drugs on prescription of physicians licensed in states other than Connecticut; P.A. 78-303 substituted commissioner of health services for public health council in Subsec. (b); P.A. 79-560 and P.A. 79-631 included reference to Sec. 19-461(h) in Subsec. (b); P.A. 84-498 permitted licensed practical nurses to administer medicinal preparations in a school and required all such preparations to be administered under the general supervision of a school nurse and added reference to dentist's prescriptions; P.A. 88-360 in Subsec. (a) provided for the administration of aspirin, ibuprofen or an aspirin substitute containing acetaminophen; P.A. 90-85 amended Subsec. (a) to delete language allowing a nurse, principal or teacher to administer aspirin, ibuprofen or an aspirin substitute containing acetaminophen to a student pursuant to a written commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-103 amended Subsec. (a) to add provision regarding nurses in school-based health clinics; P.A. 94-213 amended Subsec. (a) to add reference to prescriptions by advanced practice registered nurses and physician assistants; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 99-2 amended Subsec. (a) by adding coaches to list of who may administer drugs and added Subsec. (c) re regulation on administration of drugs by coaches; P.A. 03-211 amended Subsec. (a) to include references to licensed physical or occupational therapists and paraprofessionals and substitute Commissioner of Consumer Protection for Commissioner of Public Health, amended Subsec. (b) to substitute Commissioner of Consumer Protection for Commissioner of Public Health, amended Subsec. (c) to allow the State Board of Education to adopt regulations in consultation with the Commissioner of Public Health, designate provisions re coaches as Subdiv. (1), add Subdivs. (2) and (3) re administration of medication by school personnel and students and redesignate Subdivs. (1) and (2) as Subparas. (A) and (B), and added Subsec. (d) re administration of medication by a paraprofessional, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-181 amended Subsec. (a) by designating existing provisions as Subdiv. (1), making a conforming change therein and adding Subdiv. (2) re written policies and procedures for self-administration of medicine, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-241 added Subsec. (a)(3) re school readiness programs and before or after school programs, effective July 10, 2007; P.A. 07-252 made technical changes in Subsecs. (a)(1) and (c)(3)(A) and amended Subsecs. (a)(1) and (d)(2) to allow administration of medicine based on written order of a licensed optometrist, effective July 1, 2007; P.A. 09-155 amended Subsec. (a)(1) and (2) by adding “licensed athletic trainer” to list of school professionals who may administer medicinal preparations, amended Subsec. (a)(2) by including medicine administered through an asthmatic inhaler and an automatic prefilled cartridge injector among medicines that may be administered at school, amended Subsec. (c) by requiring State Board of Education to adopt regulations concerning retention and use of asthmatic inhalers and automatic prefilled cartridge injectors by students while at school, by authorizing out-of-state physician to issue written orders re medicine administered at school and by making technical changes, and amended Subsec. (d)(1) by substituting “parent or guardian” for “parents”, effective August 15, 2009; P.A. 12-198 amended Subsec. (a)(1) by adding references to Subsec. (e), amended Subsec. (d)(1)(A) by replacing “to practice medicine” with “under chapter 370” and added Subsec. (e) re administration of glucagon to a student with diabetes, effective June 15, 2012; P.A. 13-31 made a technical change in Subsec. (d), effective May 28, 2013; P.A. 14-176 amended Subsec. (a) by deleting “subsections (d) and (e) of” in Subdiv. (1) and adding “or school paraprofessional” and “if any” in Subdiv. (2), amended Subsec. (c)(2) by adding provision re storage and administration of epinephrine, amended Subsec. (d) by designating existing language as Subpara. (A), redesignating Subdiv. (2) as Subpara. (B), deleting former Subparas. (A) to (D) and adding “a qualified medical professional” and “if any” in redesignated Subpara. (B) in Subdiv. (1), adding new Subdiv. (2) re maintenance and administration of epinephrine, designating existing language re definition of “cartridge injector” as Subdiv. (3)(A) and adding Subdiv. (3)(B) and (C) re definition of “qualified school employee” and “qualified medical professional”, and amended Subsec. (e) to add “if any”, effective July 1, 2014; P.A. 15-215 added Subsec. (f) re administration of antiepileptic medication, effective July 1, 2015; P.A. 16-39 amended Subsec. (e)(2) by adding reference to student's advanced practice registered nurse, and amended Subsec. (f)(1)(B) by adding reference to advanced practice registered nurse; P.A. 18-185 amended Subsec. (a)(2) by adding “possess, self-administer or possess and”, amended Subsec. (c)(3) by adding “the possession, self-administration or possession and” and adding “, including” and “or receiving school transportation services,” in Subpara. (B), and amended Subsec. (d) by adding new Subdiv. (3) re student may possess, self-administer or possess and self-administer medication and designating existing Subdiv. (3) re definitions as Subdiv. (4), effective July 1, 2018; P.A. 22-80 amended Subsec. (c)(2) by adding “but not limited to”, designating existing provision re storage and administration of epinephrine as Subpara. (A) and adding Subpara. (B) re storage and administration of opioid antagonists and added Subsec. (g) re maintenance and emergency administration of opioid antagonists, effective May 24, 2022; P.A. 24-41 replaced “school paraprofessional” with “paraeducator” throughout, effective July 1, 2024; P.A. 24-93 amended Subsec. (d)(1) by replacing “school paraprofessional” with “paraeducator” and adding provision re annual training for paraeducators and qualified school employees authorized to administer epinephrine, effective July 1, 2024; P.A. 25-143 amended Subsec. (d) by deleting “in cartridge injectors” in Subdiv. (2) and changing defined term from “cartridge injector” to “epinephrine” and adding reference to nasal spray and other medical equipment in Subdiv. (4) and amended Subsec. (e) by removing “injectable” from the defined term and adding reference to nasal spray and other medical equipment, effective July 1, 2025.
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Sec. 10-215m. Local food for schools incentive program. (a) As used in this section:
(1) “Local farm” means a farm, farmers' cooperative, food hub or wholesale distributor located in Connecticut.
(2) “Regional farm” means a farm, farmers' cooperative, food hub or wholesale distributor located in New York, Massachusetts, Rhode Island, Vermont, New Hampshire or Maine.
(3) “Locally sourced food” means produce and other farm products that have a traceable point of origin within Connecticut that are grown or produced at, or sold by, a local farm and includes, but is not limited to, value-added dairy, fish, pork, beef, poultry, eggs, fruits, vegetables and minimally processed foods.
(4) “Regionally sourced food” means produce and other farm products that have a traceable point of origin within New York, Massachusetts, Rhode Island, Vermont, New Hampshire or Maine that are grown or produced at, or sold by, a regional farm and includes, but is not limited to, value-added dairy, fish, pork, beef, poultry, eggs, fruits, vegetables and minimally processed foods.
(5) “Eligible entity” means a local or regional board of education that is participating in the National School Lunch Program or a provider of child care services, as described in section 19a-77.
(6) “Eligible meal program” means a meal program provided by an eligible entity to its children or students or a meal provided as part of such entity's participation in the National School Lunch Program, School Breakfast Program, Seamless Summer Option, After School Snack Program, Summer Food Service Program or the Child and Adult Care Food Program administered by the United States Department of Agriculture, including the At-Risk Afterschool Meals component of the Child and Adult Care Food Program.
(b) For the fiscal year ending June 30, 2026, and each fiscal year thereafter, the Department of Education, in consultation with the Department of Agriculture, shall administer the local food for schools incentive program. Such program shall provide, utilizing state and federal funds, reimbursement payments to eligible entities for the purchase of locally sourced food and regionally sourced food that shall be used as part of such entity's participation in an eligible meal program. An eligible entity shall be entitled to receive reimbursement payments in accordance with the guidelines developed pursuant to subsection (e) of this section and in an amount equal to (1) one-half of such entity's expenditures for locally sourced foods, and (2) one-third of such entity's expenditures for regionally sourced foods.
(c) (1) The department shall receive requests from eligible entities for reimbursement payments under the program in a manner similar to how the department receives applications under section 10-215b.
(2) Each eligible entity shall (A) maintain a record of such entity's expenditures for all locally sourced food and regionally sourced food, as well as documentation confirming the place of origin of such food, as prescribed by the department, and (B) submit, upon request of the department, such records and documentation to the department for review.
(d) Any locally sourced food or regionally sourced food for which an eligible entity seeks reimbursement payments under this section shall comply with the nutrition standards established by the department pursuant to section 10-215e.
(e) The department shall develop guidelines for the implementation of the program. Such guidelines shall (1) establish a maximum reimbursement amount based on total enrollment for each eligible entity, (2) assist eligible entities in participating in the program, and (3) promote geographic, social, economic and racial equity, which may include a preference for historically underserved farmers or small farm businesses.
(f) The department shall develop a survey to be distributed annually to any eligible entity that receives reimbursement payments under this section. Such survey shall be designed to collect information to assist the department in implementing and improving the program.
(g) In addition to the reimbursement payments otherwise provided pursuant to this section, the department shall use at least twenty per cent of the annual appropriation for the local food for schools incentive program to engage with external partners to provide supplemental services. Such supplemental services may include, but need not be limited to, school nutrition or farm-to-school consultants, technical assistance, outreach, training or evaluation relating to the core elements of farm-to-school programming, such as procurement, processing, preparation, serving and education of locally sourced food and regionally sourced food.
(h) The department may accept gifts, grants and donations, including in-kind donations, for the administration of the local food for schools incentive program and to implement the provisions of this section. The department shall seek and maximize existing federal funding available for purposes of administering the local food for schools incentive program.
(i) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.
(j) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2026, and each fiscal year thereafter, the amount of reimbursement payments payable to eligible entities shall be reduced proportionately if the total of such reimbursement payments in such year exceeds the amount appropriated for such reimbursement payments for such year.
(k) Not later than January 1, 2026, and annually thereafter, the department shall submit a report on the local food for schools incentive program 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. Such report shall include, but need not be limited to, an accounting of the funds appropriated and received by the department for the program, descriptions of the reimbursement payments made under the program and an evaluation of the program.
(P.A. 23-167, S. 26; P.A. 24-29, S. 3; P.A. 25-168, S. 300.)
History: P.A. 23-167 effective July 1, 2023; P.A. 24-29 made a technical change in Subsec. (d), effective May 21, 2024; P.A. 25-168 amended Subsec. (a)(5) by redefining “eligible board of education” as “eligible entity” and adding provider of child care services, amended Subsec. (a)(6) by redefining “eligible meal program” to include the Child and Adult Care Food Program, amended Subsec. (b) by replacing “2024” with “2026” and replacing “Department of Agriculture, in consultation with the Department of Education” with “Department of Education, in consultation with the Department of Agriculture”, adding “, utilizing state and federal funds,” and replacing “may” with “shall”, amended Subsec. (e) by replacing “socially disadvantaged farmers, as defined in 7 USC 2279(a), as amended from time to time” with “historically underserved farmers”, amended Subsec. (g) by deleting provision re supplemental grants and adding provision re requirement that 20 per cent of annual appropriation be used for provision of supplemental services, amended Subsec. (h) by adding provision re department to seek and maximize existing federal funding, amended Subsec. (j) by replacing “2024” with “2026”, amended Subsec. (k) by replacing “2025” with “2026”, and made technical and conforming changes throughout, effective July 1, 2025.
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Sec. 10-217a. Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools. (a) Each town or regional school district which provides health services for children attending its public schools in any grade, from kindergarten to twelve, inclusive, shall provide the same health services for children in such grades attending private nonprofit schools therein, when a majority of the children attending such schools are residents of the state of Connecticut. Any such town or district may also provide such services for children in prekindergarten programs in such private nonprofit schools when a majority of the children attending such schools are residents of the state of Connecticut. Such determination shall be based on the percentage of resident pupils enrolled in such school on October first, or the full school day immediately preceding such date, during the school year next prior to that in which the health services are to be provided. The provisions of this section shall not be construed to require a town or district to provide such services to any child who is not a resident of this state. Such health services shall include the services of a school physician, school nurse and dental hygienist, provided such health services shall not include special education services which, if provided to public school students, would be eligible for reimbursement pursuant to section 10-76g. For purposes of this section, a resident is a person with continuous and permanent physical presence within the state, except that temporary absences for short periods of time shall not affect the establishment of residency.
(b) Any town or regional school district providing such services for children attending such private schools shall be reimbursed by the state for a percentage of the amount paid from local tax revenues for such services as follows:
(1) The percentage of the amount paid from local tax revenues for such services reimbursed to a local board of education shall be determined by (A) ranking each town in the state in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (B) based upon such ranking, (i) for reimbursement paid in the fiscal year ending June 30, 1990, a percentage of not less than forty-five or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, the percentage shall be not less than eighty, (ii) for reimbursement paid in the fiscal years ending June 30, 1991, to June 30, 2001, inclusive, a percentage of not less than ten or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty, and (iii) for reimbursement paid in the fiscal year ending June 30, 2002, and each fiscal year thereafter, a percentage of not less than ten or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, for the fiscal year ending June 30, 1997, was greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, for the fiscal year ending June 30, 1997, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty.
(2) The percentage of the amount paid from local tax revenues for such services reimbursed to a regional board of education shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank.
(c) Any town or regional school district which provides such services shall file an application for such reimbursement not later than the September fifteenth following the fiscal year in which the services were provided on a form to be provided by the State Board of Education. Payment shall be made not later than the following January fifteenth.
(d) (1) Upon written notification from the town or regional school district providing such services, the town of which children attending such private schools are residents shall pay to the town or regional school district which provided such services during the fiscal year ending June 30, 1989, a proportionate share of the average unreimbursed cost per child for providing such services. Such proportionate share shall be equal to (A) the difference between the amount paid by a town or regional school district for providing such services for children attending such private schools and the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, divided by (B) the total number of children attending such private schools in the town or regional school district and multiplied by (C) the number of children who are residents of the town and who attend such private schools in the town or regional school district providing such services.
(2) Payment to a town or regional school district pursuant to the provisions of this subsection shall not make a town making such a payment eligible for reimbursement under the provisions of subsection (b) of this section.
(3) Upon written notification from the town or regional school district providing such services, any such private school shall pay to the town or regional school district which provided such services during the fiscal year ending June 30, 1989, the difference between the amount paid by the town or regional school district for providing such services for children attending such private school and the sum of (A) the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, (B) payments received by or due to such town or regional school district pursuant to subdivision (1) of this subsection for providing such services and (C) the proportionate share of the average unreimbursed cost per child for providing such services to children who are residents of the town providing such services and who attend such private school, such share which shall be equal to (i) the difference between the amount paid by the town or regional school district for providing such services for children attending such private school and the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, divided by (ii) the total number of children attending such private school and multiplied by (iii) the number of children who are residents of the town providing such services and who attend such private school.
(e) Notwithstanding the provisions of subsection (a) of this section to the contrary, any town (1) in which more than four hundred children who are not residents of the state attend private nonprofit schools which are in the town and in which a majority of the children attending such schools are residents of the state and (2) for which the percentage of the amount paid from local tax revenues reimbursed to the local board of education pursuant to subsection (b) of this section is less than fifteen per cent may, at its discretion, provide such services to children in such private nonprofit schools who are not residents of the state.
(f) The pay of certificated personnel shall be subject to the rules and regulations providing for deduction for the state Teacher's Retirement Fund by the board of education of such town applicable to certificated teaching personnel in the public schools of such town. This subsection shall be retroactive to July 1, 1968.
(g) A town or regional school district may provide, at its own expense, the services of a school psychologist, speech remedial services, school social worker's services and special language teachers for non-English-speaking students to children attending private nonprofit schools in such town or district.
(h) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(i) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2008, to June 30, 2026, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(1967, P.A. 481, S. 1, 2; 1969, P.A. 568, S. 1; 1972, P.A. 296, S. 1; P.A. 83-422, S. 1, 2; P.A. 84-255, S. 10, 21; P.A. 85-249, S. 1, 3; P.A. 88-360, S. 23, 63; P.A. 89-355, S. 6, 20; P.A. 90-225, S. 3, 10; 90-325, S. 28, 32; 91-303, S. 15, 22; June Sp. Sess. P.A. 91-7, S. 8, 22; June 18 Sp. Sess. P.A. 97-2, S. 12, 165; June Sp. Sess. P.A. 01-1, S. 9, 54; June 30 Sp. Sess. P.A. 03-6, S. 1; P.A. 04-257, S. 11; P.A. 05-245, S. 14; June Sp. Sess. P.A. 07-3, S. 1; Sept. Sp. Sess. P.A. 09-6, S. 40; P.A. 11-48, S. 174; P.A. 13-247, S. 156; June Sp. Sess. P.A. 15-5, S. 245; June Sp. Sess. P.A. 17-2, S. 575; P.A. 19-117, S. 269; June Sp. Sess. P.A. 21-2, S. 370; P.A. 23-204, S. 314; P.A. 25-168, S. 303.)
History: 1969 act added Subsec. (c) re deductions from pay of certificated personnel; 1972 act amended Subsec. (a) to require health and welfare services in private schools when majority of students from Connecticut rather than from the municipality in which private school located; P.A. 83-422 amended Subsec. (a) to provide for method of determining when a majority of children attending private schools are from the state, and to add language concerning provision of clerical, supervisory and administrative services necessary to offer health and welfare services; P.A. 84-255 amended Subsecs. (a) and (b) adding reference to regional school districts; P.A. 85-249 amended section to permit towns to provide health and welfare services to children in prekindergarten programs in private nonprofit schools, to clarify that such services do not include special education services and to add a definition of residency; P.A. 88-360 added Subsec. (d) re reimbursement for health and welfare services for children attending incorporated or endowed high schools or academies; P.A. 89-355 in Subsec. (a) made the determination of the number of resident children based on the number enrolled on October first rather than the average of those enrolled on October first and May first and made a technical change, in Subsec. (b) provided that reimbursement from the state be a percentage of the amount paid from local tax revenues rather than the full amount paid from such revenues, added new Subsec. (c) designation, added new Subsec. (d) re reimbursement from sending school districts and private schools, relettered Subsec. (c) as Subsec. (e) and deleted obsolete former Subsec. (d) re reimbursement for providing health and welfare services to children attending incorporated or endowed high schools or academies; P.A. 90-225 in Subsec. (b)(1) limited the 45% to 90% reimbursement scale to reimbursement paid in the fiscal year ending June 30, 1990, provided that for fiscal years thereafter the scale be 10% to 90% with a minimum of 80% for certain towns and made a technical change, in Subsec. (c) specified that applications be filed not later than September fifteenth and that payment be made not later than the following January fifteenth, in Subsec. (d) limited the payments to towns by other towns and private schools to payments for services during the fiscal year ending June 30, 1989, and inserted a new Subdiv. (2) designation making previous Subdiv. (2) Subdiv. (3) and in Subsec. (e) made a technical change; P.A. 90-325 added new Subsec. (e) re certain towns' discretionary powers to provide health and welfare services to nonresident children enrolled in private schools and relettered Subsec. (e) as (f); P.A. 91-303 in Subsec. (a) added language specifying that towns need not provide services to children who are not residents of this state; June Sp. Sess. 91-7 removed the requirement to provide welfare services, including the services of a school psychologist, speech remedial services, school social worker's services, special language teachers for non-English-speaking students, and such clerical supervisory and administrative services necessary to the provision of health and welfare services, and added Subsec. (g) re towns' discretionary power to provide certain services at their own expense; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace references to aid to families with dependent children with temporary family assistance and made technical changes, effective July 1, 1997; June Sp. Sess. P.A. 01-1 amended Subsec. (b)(1) to limit Subpara. (B)(ii) to the fiscal years ending June 30, 1991, to June 30, 2001, inclusive, and to add Subpara. (B)(iii) re the fiscal years ending June 30, 2002, and June 30, 2003, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b)(1) by making grant permanent, effective August 20, 2003; P.A. 04-257 made technical changes in Subsec. (b)(1), effective June 14, 2004; P.A. 05-245 added new Subsec. (h) re proportional reduction of grants for the fiscal years ending June 30, 2006, and June 30, 2007, effective July 1, 2005; June Sp. Sess. P.A. 07-3 added Subsec. (i) re proportional reduction of grants for the fiscal years ending June 30, 2008, and June 30, 2009, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 13-247 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 19-117 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 23-204 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2025, effective July 1, 2023; P.A. 25-168 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2026, effective July 1, 2025.
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