CHAPTER 170

BOARDS OF EDUCATION

Table of Contents

Sec. 10-220. Duties of boards of education.

Sec. 10-220i. Transportation of students carrying epinephrine.

Sec. 10-220q. Calculation of unweighted grade point average for Connecticut Automatic Admissions Program.

Sec. 10-220s. Requirements re interactions with a federal immigration authority.

Sec. 10-220t. Instructional support partners.

Sec. 10-221w. Policy re eligibility criteria for enrollment in advanced course or program. Model agreement for dual enrollment and concurrent enrollment courses. Fee-waiver grant program. Direct support to boards of education for articulation and expansion of dual credit courses.

Sec. 10-221x. Challenging curriculum policy.

Sec. 10-221bb. School library policies.

Sec. 10-222. Appropriations and budget.

Sec. 10-222m. School security and safety plans. School security and safety committees.

Sec. 10-222tt. Building Educational Responsibility with Greater Improvement Networks Commission.

Sec. 10-223h. Commissioner's network of schools. Turnaround committees. Operations and instructional audit. Turnaround plans. Reports.

Sec. 10-232a. Criminal history and child abuse and neglect registry records checks of applicants and employees of nongovernmental school operators. Termination or dismissal. Fingerprinting. Availability of information re applicant's history.

Sec. 10-233c. Suspension of pupils.

Sec. 10-233d. Expulsion of pupils.

Sec. 10-239e. Use of scholarships. Eligibility of schools.


Sec. 10-220. Duties of boards of education. (a) Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state, as defined in section 10-4a, and provide such other educational activities as in its judgment will best serve the interests of the school district; provided any board of education may secure such opportunities in another school district in accordance with provisions of the general statutes and shall give all the children of the school district, including children receiving alternative education, as defined in section 10-74j, as nearly equal advantages as may be practicable; shall provide an appropriate learning environment for all its students which includes (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology, (2) equitable allocation of resources among its schools, (3) proper maintenance of facilities, and (4) a safe school setting; shall, in accordance with the provisions of subsection (f) of this section, maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education; shall have charge of the schools of its respective school district; shall make a continuing study of the need for school facilities and of a long-term school building program and from time to time make recommendations based on such study to the town; shall adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews necessary for the maintenance and improvement of the indoor air quality of its facilities; shall adopt and implement a green cleaning program, pursuant to section 10-231g, that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities; on and after July 1, 2021, and every five years thereafter, shall report to the Commissioner of Administrative Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program, which report the Commissioner of Administrative Services shall use to prepare a report every five years that said commissioner shall submit in accordance with section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to education; shall advise the Commissioner of Administrative Services of the relationship between any individual school building project pursuant to chapter 173 and such long-term school building program; shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes and at all times shall insure all such buildings and all capital equipment contained therein against loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall develop and implement a written increasing educator diversity plan for purposes of subdivision (3) of section 10-4a; shall employ and dismiss the teachers of the schools of such district subject to the provisions of sections 10-151 and 10-158a; shall designate the schools which shall be attended by the various children within the school district; shall make such provisions as will enable each child of school age residing in the district to attend some public day school for the period required by law and provide for the transportation of children wherever transportation is reasonable and desirable, and for such purpose may make contracts covering periods of not more than (A) five years, or (B) ten years if such contract includes transportation provided by at least one zero-emission school bus, as defined in 42 USC 16091(a)(8), as amended from time to time; may provide alternative education, in accordance with the provisions of section 10-74j, or place in another suitable educational program a pupil enrolling in school who is nineteen years of age or older and cannot acquire a sufficient number of credits for graduation by age twenty-one; may arrange with the board of education of an adjacent town for the instruction therein of such children as can attend school in such adjacent town more conveniently; shall cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is living in the school district to attend school in accordance with the provisions of section 10-184; shall not delegate the authority to schedule interscholastic football games on Thanksgiving Day to any nonprofit organization or other entity that is otherwise responsible for governing interscholastic athletics in this state and shall not adopt a policy or prohibition against the scheduling of an interscholastic football game on Thanksgiving Day; and shall perform all acts required of it by the town or necessary to carry into effect the powers and duties imposed by law.

(b) The board of education of each local or regional school district shall, with the participation of parents, students, school administrators, teachers, citizens, local elected officials and any other individuals or groups such board shall deem appropriate, prepare a statement of educational goals for such local or regional school district. The statement of goals shall be consistent with state-wide goals pursuant to subsection (c) of section 10-4 and include goals for the integration of principles and practices of social-emotional learning and restorative practices in the program of professional development for the school district, in accordance with the provisions of section 10-148a, and career placement for students who do not pursue an advanced degree immediately after graduation. Each local or regional board of education shall annually establish student objectives for the school year which relate directly to the statement of educational goals prepared pursuant to this subsection and which identify specific expectations for students in terms of skills, knowledge and competence.

(c) Annually, each local and regional board of education shall submit to the Commissioner of Education a strategic school profile report for each school and school or program of alternative education, as defined in section 10-74j, under its jurisdiction and for the school district as a whole. The superintendent of each local and regional school district shall present the profile report at the next regularly scheduled public meeting of the board of education after each November first. The profile report shall provide information on measures of (1) student needs, including, but not limited to, a needs assessment that identifies resources necessary to address student trauma impacting students and staff in each school and adequately respond to students with mental, emotional or behavioral health needs, (2) school resources, including technological resources and utilization of such resources and infrastructure, (3) student and school performance, including in-school suspensions, out-of-school suspensions and expulsions, the number of truants, as defined in section 10-198a, and chronically absent children, as defined in section 10-198c, (4) the number of students enrolled in an adult high school credit diploma program, pursuant to section 10-69, operated by a local or regional board of education or a regional educational service center, (5) equitable allocation of resources among its schools, (6) reduction of racial, ethnic and economic isolation, (7) special education, (8) school-based arrests, as defined in section 10-233n, and (9) teacher attrition rates, including the results of the exit survey described in section 10-151j. For purposes of this subsection, measures of special education include (A) special education identification rates by disability, (B) rates at which special education students are exempted from mastery testing pursuant to section 10-14q, (C) expenditures for special education, including such expenditures as a percentage of total expenditures, (D) achievement data for special education students, (E) rates at which students identified as requiring special education are no longer identified as requiring special education, (F) the availability of supplemental educational services for students lacking basic educational skills, (G) the amount of special education student instructional time with nondisabled peers, (H) the number of students placed out-of-district, and (I) the actions taken by the school district to improve special education programs, as indicated by analyses of the local data provided in subparagraphs (A) to (H), inclusive, of this subdivision. The superintendent shall include in the narrative portion of the report information about parental involvement and any measures the district has taken to improve parental involvement, including, but not limited to, employment of methods to engage parents in the planning and improvement of school programs and methods to increase support to parents working at home with their children on learning activities. For purposes of this subsection, measures of truancy include the type of data that is required to be collected by the Department of Education regarding attendance and unexcused absences in order for the department to comply with federal reporting requirements and the actions taken by the local or regional board of education to reduce truancy in the school district. Such truancy data shall be considered a public record, as defined in section 1-200.

(d) (1) As used in this subsection:

(A) “Certified testing, adjusting and balancing technician” means a technician certified to perform testing, adjusting and balancing of heating, ventilation and air conditioning systems by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or an individual training under the supervision of a Testing, Adjusting and Balancing Bureau certified technician or a person certified to perform ventilation assessments of heating, ventilation and air conditioning systems through a certification body accredited by the American National Standards Institute;

(B) “Heating, ventilation and air conditioning system” means the equipment, distribution network, controls and terminals that provide, either collectively or individually, heating, ventilation or air conditioning to a building; and

(C) “Indoor air quality” has the same meaning as used by the United States Department of Labor Occupational Safety and Health Administration Standard Number 1910.1000 “OSHA Policy on Indoor Air Quality”.

(2) On and after January 1, 2024, and annually thereafter, a local or regional board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within each school building using the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program. The inspection and evaluation program shall include, but not be limited to, a review, inspection or evaluation of the following: (A) The heating, ventilation and air conditioning systems; (B) radon levels in the air; (C) potential for exposure to microbiological airborne particles, including, but not limited to, fungi, mold and bacteria; (D) chemical compounds of concern to indoor air quality including, but not limited to, volatile organic compounds; (E) the degree of pest infestation, including, but not limited to, insects and rodents; (F) the degree of pesticide usage; (G) the presence of and the plans for removal of any hazardous substances that are contained on the list prepared pursuant to Section 302 of the federal Emergency Planning and Community Right-to-Know Act, 42 USC 9601 et seq.; (H) ventilation systems; (I) plumbing, including water distribution systems, drainage systems and fixtures; (J) moisture incursion; (K) the overall cleanliness of the facilities; (L) building structural elements, including, but not limited to, roofing, basements or slabs; (M) the use of space, particularly areas that were designed to be unoccupied; and (N) the provision of indoor air quality maintenance training for building staff. Local and regional boards of education conducting evaluations pursuant to this subsection shall (i) make available for public inspection the results of the inspection and evaluation at a regularly scheduled board of education meeting and on the Internet web site of such board and on the Internet web site, if any, of each individual school, and (ii) submit the report and results of such inspection and evaluation to the Department of Administrative Services using the form developed pursuant to section 10-231h.

(3) (A) For the period commencing July 1, 2022, and ending and including June 30, 2031, each local or regional board of education shall provide for a uniform inspection and evaluation of the heating, ventilation and air conditioning system within each school building under its jurisdiction. During such period, the board shall provide such inspection for at least twenty per cent of the schools under its jurisdiction on or before June 30, 2027, and in each subsequent year until each such school has been inspected. Each such school shall be so inspected every five years after the date of its last inspection under this subdivision. The Department of Administrative Services may, upon request of a local or regional board of education, grant a waiver of the provisions of this subparagraph if the department finds that (i) there is an insufficient number of certified testing, adjusting and balancing technicians, industrial hygienists certified by the American Board of Industrial Hygiene or the Board for Global EHS Credentialing, or mechanical engineers to perform such inspection and evaluation, or (ii) such board has scheduled such inspection and evaluation for a date in the subsequent year. Such waiver shall be valid for a period not to exceed one year.

(B) Such inspection and evaluation shall be performed by a certified testing, adjusting and balancing technician, an industrial hygienist certified by the American Board of Industrial Hygiene or the Board for Global EHS Credentialing, or a mechanical engineer. Such heating, ventilation and air conditioning systems inspection and evaluation shall include, but need not be limited to: (i) Testing for maximum filter efficiency, (ii) physical measurements of outside air delivery rate, (iii) verification of the appropriate condition and operation of ventilation components, (iv) measurement of air distribution through all system inlets and outlets, (v) verification of unit operation and that required maintenance has been performed in accordance with the most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, (vi) verification of control sequences, (vii) verification of carbon dioxide sensors and acceptable carbon dioxide concentrations indoors, and (viii) collection of field data for the installation of mechanical ventilation if none exist. The ventilation systems inspection and evaluation shall identify to what extent each school's current ventilation system components, including any existing central or noncentral mechanical ventilation system, are operating in such a manner as to provide appropriate ventilation to the school building in accordance with most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. The inspection and evaluation shall result in a written report, and such report shall include any corrective actions necessary to be performed to the mechanical ventilation system or the heating, ventilation and air conditioning infrastructure, including installation of filters meeting the most optimal level of filtration available for a given heating, ventilation and air conditioning system, installation of carbon dioxide sensors and additional maintenance, repairs, upgrades or replacement. Any such corrective actions shall be performed, where appropriate, by a contractor, who is licensed in accordance with chapter 393. Any local or regional board of education conducting an inspection and evaluations pursuant to this subsection shall (I) make available for public inspection the results of such inspection and evaluation at a regularly scheduled meeting of such board and on the Internet web site of such board and on the Internet web site, if any, of each individual school, and (II) submit the report and results of such inspection and evaluation to the Department of Administrative Services using the form developed pursuant to section 10-231h. A local or regional board of education shall not be required to provide for a uniform inspection and evaluation under this subdivision for any school building that will cease to be used as a school building within the three years from when such inspection and evaluation is to be performed. Any local or regional board of education that has provided for an inspection that was performed in a different format, but is deemed equivalent by the department, may use such inspection in lieu of a uniform inspection and evaluation under this subdivision.

(e) Each local and regional board of education shall establish a school district curriculum committee. The committee shall recommend, develop, review and approve all curriculum for the local or regional school district. Each local and regional board of education shall (1) make available all curriculum approved by the committee and all associated curriculum materials in accordance with the requirements of the Protection of Pupil Rights Amendment, 20 USC 1232h, and (2) for the school year commencing July 1, 2026, and each school year thereafter, post objectives and scope and sequence of approved curriculum on the Internet web site of such board.

(f) Each local and regional board of education shall maintain in a central location all records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education, conducted pursuant to sections 17a-101a to 17a-101d, inclusive, and section 17a-103. Such records shall include any reports made to the Department of Children and Families. The Department of Education shall have access to such records.

(g) Each local or regional board of education conducting a regular or special meeting of such board shall make available for public inspection the agenda for the meeting or any associated documents that may be reviewed by members of the board at such meeting and post such agenda and documents on the Internet web site of such board.

(h) For the school year commencing July 1, 2024, and each school year thereafter, any local or regional board of education with a rate of in-school suspensions, out-of-school suspensions and expulsions that is deemed high or disproportionate by the Commissioner of Education based on the examination of data pursuant to section 10-233n, shall (1) develop strategies to reduce the number of such suspensions and expulsions, and (2) submit such strategies to the Department of Education in the form and manner prescribed by the commissioner.

(1949 Rev., S. 1501; 1949, 1953, 1955, S. 957d; February, 1965, P.A. 574, S. 11; 1969, P.A. 690, S. 4; P.A. 78-218, S. 143; P.A. 79-128, S. 11, 36; P.A. 80-166, S. 1; P.A. 84-460, S. 3, 16; P.A. 85-377, S. 5, 13; P.A. 86-333, S. 11, 32; P.A. 90-324, S. 4, 13; P.A. 93-353, S. 28, 31, 52; P.A. 94-245, S. 9, 46; P.A. 95-182, S. 6, 11; P.A. 96-26, S. 2, 4; 96-244, S. 17, 63; 96-270, S. 1, 11; P.A. 97-290, S. 21, 29; P.A. 98-168, S. 8, 26; 98-243, S. 19, 25; 98-252, S. 13, 38, 80; June Sp. Sess. P.A. 98-1, S. 115, 121; P.A. 00-157, S. 3, 8; P.A. 01-173, S. 19, 67; P.A. 03-220, S. 1, 2; P.A. 04-26, S. 4; P.A. 06-158, S. 5; 06-167, S. 1; P.A. 08-153, S. 6; P A. 09-81, S. 2; 09-143, S. 1; 09-220, S. 6; Sept. Sp. Sess. P.A. 09-6, S. 54; P.A. 10-71, S. 4; P.A. 11-85, S. 6; 11-93, S. 6; 11-136, S. 10, 17; P.A. 12-120, S. 4; P.A. 13-247, S. 200; P.A. 15-133, S. 3, 4; 15-168, S. 3; 15-225, S. 4; June Sp. Sess. P.A. 17-2, S. 84; P.A. 18-34, S. 7; P.A. 19-58, S. 2; P.A. 21-46, S. 13; 21-95, S. 11; P.A. 22-25, S. 12; 22-47, S. 20; 22-118, S. 369; P.A. 23-159, S. 7; 23-160, S. 3, 6; 23-167, S. 9, 44, 76; P.A. 24-74, S. 7; 24-151, S. 131; P.A. 25-174, S. 148, 219.)

History: 1965 act substituted Sec. 10-158a for repealed Sec. 10-158; 1969 act added requirement that boards of education “implement the educational interests of the state as defined in section 10-4a”; P.A. 78-218 substituted “school district” for “town” throughout, specified applicability of provisions to local and regional, rather than town, boards and required attendance of children “seven years of age and over and under sixteen” rather than “between the ages of seven and sixteen”; P.A. 79-128 added Subsec. (b) re statement of goals by local and regional boards; P.A. 80-166 amended Subsec. (b) to require first attestation that programs are based on state goals “on September 1, 1982” rather than “in 1981”; P.A. 84-460 amended Subsec. (a) requiring that boards insure all buildings and all capital equipment against loss in an amount not less than 80% of replacement cost; P.A. 85-377 substituted commissioner of education for state board; P.A. 86-333 amended Subsec. (b) to extend from July 1, 1986, to July 1, 1987, the date when boards of education are to begin reviewing and updating the statement of goals; P.A. 90-324 added Subsec. (c) re strategic school profile reports; P.A. 93-353 provisions requiring local or regional board to submit the statement of goals to the state board of education, state board to review the statement and approve the statement as it pertains to the state-wide goals, local or regional board to review and if necessary update the statement of goals every five years and submit such statement to the state board and state board to review and approve the statement as it pertains to the state-wide goals, and removed obsolete language and added Subsec. (d) concerning a report to the state board of education on educational goals and student objectives and the development of a comprehensive professional development plan, effective July 1, 1993; P.A. 94-245 amended Subsec. (c)(1) to change the dates from May first to November first, effective June 2, 1994; P.A. 95-182 amended Subsec. (a) to remove a requirement that local and regional boards of education attest to the Commissioner of Education that program offerings and instruction are based on educational goals and student objectives and deleted Subsec. (d) re reports concerning the statement of educational goals and student objectives and the development and implementation of professional development plans, effective June 28, 1995; P.A. 96-26 amended Subsec. (a) to authorize placement of certain older pupils in alternative school programs or other suitable educational programs, effective July 1, 1996; P.A. 96-244 amended Subsec. (c) to delete obsolete language of Subdiv. (2), deleted Subdiv. (1) designation and replaced Subparas. with Subdivs., effective July 1, 1996; P.A. 96-270 amended Subsec. (a) to add the requirement to advise the Commissioner of Education of the relationship between any individual school building project and the long-term school building program, effective July 1, 1996; P.A. 97-290 amended Subsec. (a) to add provisions re an appropriate learning environment, report on the condition of facilities and action taken to implement the long-term building program and the annual report by the commissioner to the General Assembly, and added Subsec. (c)(4) and (5) re equitable allocation of resources and re reduction of racial, ethnic and economic isolation, effective July 1, 1997; P.A. 98-168 amended Subsec. (c) to add provisions re special education, effective July 1, 1998; P.A. 98-243 amended Subsec. (a) to lower the age requirement for school attendance from 7 to 5, effective July 1, 1998; P.A. 98-252 amended Subsec. (a) to add requirement for a written plan for minority staff recruitment and to make a technical change and amended Subsec. (c) to remove November date for report and in Subdiv. (2) specified technological resources and utilization of such resources and infrastructure, effective July 1, 1998; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective July 1, 1998; P.A. 00-157 amended Subsec. (a) to change the reference to the school attendance age from “sixteen years of age” to “eighteen years of age who is not a high school graduate”, effective July 1, 2001; P.A. 01-173 amended Subsec. (a) to make a technical change for the purposes of gender neutrality, effective July 1, 2001; P.A. 03-220 amended Subsec. (a) by adding provisions re maintenance of facilities and indoor air quality and making technical changes and added Subsec. (d) re indoor air quality inspection and evaluation program, effective July 1, 2003; P.A. 04-26 made a technical change in Subsec. (d)(5), effective April 28, 2004; P.A. 06-158 amended Subsec. (a) by changing annual reporting on facility conditions to biennial reporting, effective July 1, 2006; P.A. 06-167 amended Subsec. (c) by adding language re parental involvement, effective July 1, 2006; P.A. 08-153 added Subsec. (e) re establishment of curriculum committee, effective July 1, 2008; P.A. 09-81 amended Subsec. (a) by adding language re green cleaning program and amended Subsec. (d) by adding language requiring inspection results to be posted on the board's or individual school's web site; P.A. 09-143 amended Subsec. (c) by adding language re truancy data, effective July 1, 2009; P.A. 09-220 amended Subsec. (d)(2) by deleting requirement that inspection and evaluation program include evaluation of radon levels in the water; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (c) by adding new Subdiv. (4) re number of students enrolled in adult high school credit diploma program and redesignating existing Subdivs. (4) to (6) as Subdivs. (5) to (7), effective October 5, 2009; P.A. 10-71 made a technical change in Subsec. (a), effective May 18, 2010; P.A. 11-85 amended Subsec. (b) by replacing “develop” with “annually establish” and adding “for the school year” re student objectives and expectations, effective July 1, 2011; P.A. 11-93 inserted provision in Subsec. (a) and added Subsec. (f) re maintenance of records of allegations, investigations and reports of child abuse and neglect by a school employee, effective July 1, 2011; P.A. 11-136 amended Subsec. (a) by replacing references to biennial with references to triennial re report on long-term school building program, indoor air quality program and green cleaning program and amended Subsec. (c) by adding provision re actions taken by board of education to reduce truancy in district, effective July 1, 2011; P.A. 12-120 amended Subsec. (a) by replacing “Commissioner of Education” with “Commissioner of Construction Services” and making a technical change, effective June 15, 2012; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013; P.A. 15-133 amended Subsec. (a) by adding provisions re alternative education, replacing reference to alternative school program with reference to alternative education and making conforming changes, and amended Subsec. (c) by adding provision re submission of strategic school profile report for each school or program of alternative education, effective July 1, 2015; P.A. 15-168 amended Subsec. (c) by adding “in-school suspensions, out-of-school suspensions and expulsions” in Subdiv. (3), adding Subdiv. (8) re school-based arrests, replacing “for purposes of chapter 14” with “as defined in section 1-200”, and making a technical change, effective July 1, 2015; P.A. 15-225 amended Subsec. (c)(3) by replacing “truancy” with “the number of truants, as defined in section 10-198a, and chronically absent children, as defined in section 10-198c”, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by replacing references to triennial with references to every 5 years and replacing “2011” with “2021” re report on long-term school building program, indoor air quality program and green cleaning program, effective October 31, 2017; P.A. 18-34 amended Subsec. (a) by replacing “minority staff recruitment” with “minority educator recruitment”, effective July 1, 2018; P.A. 19-58 amended Subsec. (b) to add provision re goals for career placement for students who do not pursue advanced degree immediately after graduation, effective July 1, 2019; P.A. 21-46 amended Subsec. (b) by adding provision re integration of principles and practices of social-emotional learning in program of professional development, effective July 1, 2021; P.A. 21-95 made identical changes as P.A. 21-46 and added “and restorative practices”, effective July 1, 2021; P.A. 22-25 amended Subsec. (a) by adding Subpara. designator (A) re 5 years and adding Subpara. (B) re 10 years if contract includes transportation by at least 1 zero-emission school bus; P.A. 22-47 amended Subsec. (c)(1) by adding provision re needs assessment that identifies resources necessary to address student trauma and adequately respond to students with mental, emotional or behavioral health needs, effective July 1, 2022; P.A. 22-118 amended Subsec. (d) by adding new Subdiv. (1) re definitions of “certified testing, adjusting and balancing technician”, “heating, ventilation and air conditioning system” and “indoor air quality”, designating existing provisions re uniform inspection and evaluation program of indoor air quality as Subdiv. (2) and amended same by redesignating existing Subdivs. (1) to (14) as Subparas. (A) to (N), adding Subdiv. (3) re uniform inspection and evaluation of heating, ventilation and air conditioning system, effective July 1, 2022; P.A. 23-159 amended Subsec. (c) by adding Subdiv. (9) re teacher attrition rates, effective July 1, 2023; P.A. 23-160 amended Subsec. (e) by adding provision re boards to make all approved curriculum and associated curriculum materials available in accordance with the Protection of Pupil Rights Amendment and added Subsec. (g) re boards to make agenda and any associated documents for regular or special meeting of board available on Internet web site, effective July 1, 2023; P.A. 23-167 amended Subsec. (a) by replacing “plan for minority educator recruitment” with “increasing educator diversity plan”, amended Subsec. (d)(2) by replacing “Prior to January 1, 2008, and every three years thereafter, for every school building that is or has been constructed, extended, renovated or replaced on or after January 1, 2003” with “On and after January 1, 2024, and annually thereafter”, replacing “such buildings, such as” with “each school building using” and designating existing provision re make results of inspection and evaluation available for public inspection at board meeting and on board's and school's Internet web site as Subdiv. (2)(i) and adding Subdiv. (2)(ii) re submission of report of inspection and evaluation to Department of Administrative Services using form developed pursuant to Sec. 10-231h, amended Subsec. (d)(3) by replacing “January 1, 2024” with “January 1, 2025”, designating existing provision re make results of inspection and evaluation available for public inspection at board meeting and on board's and school's Internet web site as Subdiv. (2)(i) and adding Subdiv. (2)(ii) re submission of report of inspection and evaluation to Department of Administrative Services using form developed pursuant to Sec. 10-231h and adding provision re use of inspections performed in different format and granting of waivers of uniform inspections and evaluations, effective July 1, 2023, and added Subsec. (g), codified by the Revisors as Subsec. (h), re strategies to reduce the number of suspensions and expulsions for boards of education with rate of suspensions and expulsions deemed high or disproportionate, effective January 1, 2024; P.A. 24-74 amended Subsec. (d)(3) by designating existing provision re boards of education to provide for uniform inspection and evaluation as Subpara. (A) and amending same to replace “Prior to January 1, 2025, and every five years thereafter, a” with “For the period commencing July 1, 2026, and ending and including June 30, 2031, each”, to add provisions re inspection for at least 20 per cent of schools each year and each school to be inspected every 5 years thereafter and to make a conforming change, and designating existing provision re inspections and evaluations as Subpara. (B) and amending same to redesignate existing Subparas. (A) to (H) as clauses (i) to (viii) and existing clauses (i) and (ii) as new subclauses (I) and (II) and making a conforming change, effective July 1, 2024; P.A. 24-151 amended Subsec. (a) by adding provisions re prohibition on delegating authority to schedule interscholastic football games on Thanksgiving Day to any nonprofit organization or entity and prohibition against adopting a policy or prohibition against scheduling an interscholastic football game on Thanksgiving Day, effective July 1, 2024; P.A. 25-174 amended Subsec. (d)(3)(A) by replacing “2026” with “2022” and replacing “During such period, the board shall provide such inspection for at least twenty per cent of the schools under its jurisdiction in each year until each such school has been inspected. Each such school shall be so inspected every five years thereafter” with “During such period, the board shall provide such inspection for at least twenty per cent of the schools under its jurisdiction on or before June 30, 2027, and in each subsequent year until each such school has been inspected. Each such school shall be so inspected every five years after the date of its last inspection under this subdivision”, and amended Subsec. (e) by designating existing provision re boards to make all approved curriculum and associated curriculum materials available in accordance with the Protection of Pupil Rights Amendment as Subdiv. (1) and adding Subdiv. (2) re posting of objectives and scope and sequence of approved curriculum on the Internet web site of board, effective July 1, 2025.

Sec. 10-220i. Transportation of students carrying epinephrine. No local or regional board of education shall deny a student access to school transportation solely due to such student's need to carry epinephrine while traveling on a vehicle used for school transportation. For purposes of this section, “epinephrine” means an automatic prefilled cartridge injector or similar automatic injectable equipment, 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.

(P.A. 03-211, S. 1; P.A. 25-143, S. 21.)

History: P.A. 03-211 effective July 1, 2003; P.A. 25-143 replaced “cartridge injector” with “epinephrine” and added reference to nasal spray and other medical equipment, effective July 1, 2025.

Sec. 10-220q. Calculation of unweighted grade point average for Connecticut Automatic Admissions Program. (a) For the school year commencing July 1, 2022, and each school year thereafter, for the purpose of qualifying a student for the Connecticut Automatic Admissions Program, established pursuant to section 10a-11h, each local and regional board of education shall (1) calculate the unweighted grade point average for each student who completes eleventh grade, and (2) determine whether such student's unweighted grade point average is above or below the minimum established by the Board of Regents for Higher Education pursuant to subsection (e) of section 10a-11h. Each local and regional board of education shall share a student's unweighted grade point average and whether such grade point average is above or below the minimum established by the Board of Regents for Higher Education with (A) the student, (B) the student's parent or guardian, (C) the Department of Education, in the form and manner prescribed by the department, and (D) upon the student's request, a participating institution for the purposes of applying to such participating institution under the Connecticut Automatic Admissions Program.

(b) Nothing in this section shall be construed to require a local or regional board of education to publish on a student's transcript the unweighted grade point average calculated pursuant to subsection (a) of this section or whether such grade point average is above or below the minimum established by the Board of Regents for Higher Education pursuant to subsection (e) of section 10a-11h.

(c) For the school year commencing July 1, 2022, and each school year thereafter, each local and regional board of education shall notify each student enrolled in his or her final year of high school, and the parent or guardian of such student, whether such student may be admitted to at least one participating institution under the Connecticut Automatic Admissions Program based on the academic threshold established by such institution pursuant to subsection (e) of section 10a-11h.

(June Sp. Sess. P.A. 21-2, S. 258; P.A. 24-47, S. 2; P.A. 25-21, S. 4.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021; P.A. 24-47 amended Subsec. (a) to replace requirements to calculate grade point average using a standardized method and determine class rank percentile with requirements to calculate unweighted grade point average and determining whether such grade point average is above or below the minimum for the Connecticut Automatic Admissions Program, and made conforming changes, effective July 1, 2024; P.A. 25-21 made a technical change in Subsec. (c), effective July 1, 2025.

Sec. 10-220s. Requirements re interactions with a federal immigration authority. (a) Not later than April 1, 2025, each (1) superintendent of schools for a school district, (2) regional educational service center, (3) governing authority for a state charter school, and (4) endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34 shall designate at least one administrator at each school in the school district or under the jurisdiction of the regional educational service center or governing authority of the state charter school, to serve as the individual responsible for interacting with a federal immigration authority, as defined in section 54-192h, who appears in person at the location of such school or otherwise contacts the school to request information. In the course of interacting with a federal immigration authority, the administrator shall implement the protocols of the school security and safety plan, developed pursuant to section 10-222m, relating to interactions with a federal immigration authority.

(b) No local or regional board of education, regional educational service center, governing authority for a state charter school or endowed or incorporated academy shall discipline, suspend, terminate or otherwise punish an employee or an administrator designated pursuant to subsection (a) of this section for (1) implementing the protocols of the school security and safety plan relating to interactions with a federal immigration authority, or (2) taking any of the actions described in subparagraphs (B)(ii) and (B)(iii) of subdivision (2) of subsection (b) of section 10-222m during an interaction with a federal immigration authority.

(P.A. 25-1, S. 1.)

History: P.A. 25-1 effective March 3, 2025.

Sec. 10-220t. Instructional support partners. For the school year commencing July 1, 2026, and each school year thereafter, each local and regional board of education may hire or designate an existing employee to serve as an instructional support partner in each school or in each school building under the jurisdiction of such board. An instructional support partner shall (1) alleviate the administrative burden of teachers, including, but not limited to, the administrative burden of the individualized education program process, scheduling of and taking minutes during planning and placement team meetings, attending professional development trainings, attending trainings for individualized interventions for students, attending testing, and serving as a designated staff member for the purposes of specialized responsibilities, (2) assist school-based personnel in improving the delivery and administration of the individualized education program process, (3) collaborate with parents and school personnel regarding instructional decision-making for students with disabilities, (4) pursue and attend trainings and professional development on student interventions as a representative of the school or school building, and plan and deliver professional learning activities to staff, parents and others to increase achievement for students with disabilities on the basis of such training, and (5) consult with school-based instructional staff regarding individualized education program development and writing, extended school year, behavioral interventions and transition plans for students with disabilities. Any person hired or designated to serve as the instructional support partner for the school or school building shall spend at least fifty per cent of their time performing the responsibilities described in this section.

(P.A. 25-93, S. 28; 25-174, S. 205.)

History: P.A. 25-93 effective July 1, 2025; P.A. 25-174 changed requirement to hire or designate an instructional support partner to “may”, effective July 1, 2025.

Sec. 10-221w. Policy re eligibility criteria for enrollment in advanced course or program. Model agreement for dual enrollment and concurrent enrollment courses. Fee-waiver grant program. Direct support to boards of education for articulation and expansion of dual credit courses. (a) As used in this section:

(1) “Advanced course or program” means an honors class, advanced placement class, International Baccalaureate program, Cambridge International program, dual enrollment, dual credit, early college or any other advanced or accelerated course or program offered by a local or regional board of education in grades nine to twelve, inclusive; and

(2) “Prior academic performance” means the course or courses that a student has taken, the grades received for such course or courses and a student's grade point average.

(b) Not later than July 1, 2022, each local and regional board of education shall adopt a policy, or revise an existing policy, concerning the eligibility criteria for student enrollment in an advanced course or program. Such policy shall provide for multiple methods by which a student may satisfy the eligibility criteria for enrollment in an advanced course or program, including, but not limited to, recommendations from teachers, administrators, school counselors or other school personnel. Such eligibility criteria shall not be based exclusively on a student's prior academic performance and any use of a student's prior academic performance shall rely on evidence-based indicators of how a student will perform in an advanced course or program.

(c) Any policy adopted or revised and implemented under this section shall be in accordance with guidance provided by the Department of Education.

(d) Not later than July 1, 2026, the Commissioner of Education shall, in partnership with the constituent units of the state system of higher education and independent institutions of higher education, as defined in section 10a-173, develop a model agreement between secondary schools and postsecondary institutions for the provision of dual enrollment courses and concurrent enrollment courses, as such terms are defined in section 10a-35d, and postsecondary credit courses to students in grades nine to twelve, inclusive.

(e) For the fiscal year ending June 30, 2027, and each fiscal year thereafter, the Commissioner of Education shall, within available appropriations, establish a fee-waiver grant program to expand opportunities for high-need high school students to access advanced courses or programs. A local or regional board of education may apply, in a form and manner prescribed by the Commissioner of Education, for reimbursement for any fees charged to such board for any high-need student who enrolls in an advanced course or program.

(f) For the fiscal year ending June 30, 2027, and each fiscal year thereafter, the Commissioner of Education may, within available appropriations, pay up to five hundred thousand dollars in a fiscal year to the State Education Resource Center for programming that provides direct support to local and regional boards of education in the articulation and expansion of dual credit courses. In expending such funds under this subsection, the State Education Resource Center shall give priority to providing funds to alliance districts.

(P.A. 21-199, S. 3; P.A. 23-160, S. 23; P.A. 25-99, S. 6; 25-168, S. 309.)

History: P.A. 21-199 effective July 1, 2021; P.A. 23-160 made a technical change in Subsec. (b), effective June 28, 2023; P.A. 25-99 added Subsec. (d) re development of model agreement for provision of dual enrollment and concurrent enrollment courses, effective July 1, 2025; P.A. 25-168 added Subsec. (d), codified by the Revisors as Subsec. (e), re fee waiver grant program, and added Subsec. (e), codified by the Revisors as Subsec. (f), re direct support to boards of education for articulation and expansion of dual credit courses, effective July 1, 2025.

Sec. 10-221x. Challenging curriculum policy. (a) Not later than July 1, 2022, each local and regional board of education shall adopt a challenging curriculum policy. A challenging curriculum policy shall include, but need not be limited to, (1) criteria for the identification of students in grades eight and nine who may be eligible to take or enroll in an advanced course or program, as defined in section 10-221w, and (2) a provision requiring the creation of an academic plan, in accordance with the provisions of subsection (b) of this section.

(b) Each local and regional board of education shall create an academic plan for each student identified under the criteria described in subdivision (1) of subsection (a) of this section. In creating an academic plan for a student, such plan shall be designed to enroll such student in one or more advanced course or programs and allow such student to earn college credit or result in career readiness. Each academic plan shall be aligned with (1) the courses or programs offered by the local or regional board of education, (2) such student's student success plan created pursuant to subsection (k) of section 10-221a, (3) the high school graduation requirements under section 10-221a, and (4) any other policies or standards adopted by the board relating to the eligibility for student enrollment in advanced courses or programs. A student, or the parent or guardian of a student, may decline to implement the provisions of an academic plan created for such student.

(c) A challenging curriculum policy adopted and implemented under this section shall be in accordance with guidance provided by the Department of Education.

(d) Not later than February 1, 2026, and annually thereafter, the Department of Education shall notify parents of public school students in grades eight to eleven, inclusive, about opportunities to pursue a challenging curriculum and the availability of courses that grant postsecondary credit.

(P.A. 21-199, S. 5; P.A. 23-21, S. 5; 23-204, S. 322; P.A. 24-45, S. 12; P.A. 25-99, S. 5.)

History: P.A. 21-199 effective July 1, 2021; P.A. 23-21 made a technical change in Subsec. (b), effective July 1, 2023; P.A. 23-204 made a technical change in Subsec. (b), effective July 1, 2023; P.A. 24-45 changed reference from Sec. 10-221a(l) to Sec. 10-221a(k) in Subsec. (b)(2), effective July 1, 2024; P.A. 25-99 added Subsec. (d) re requirement to notify parents about opportunities to pursue a challenging curriculum, effective January 1, 2026.

Sec. 10-221bb. School library policies. (a) As used in this section:

(1) “Library and other educational material” means any material belonging to, on loan to or otherwise in the custody of a school library media center, including, but not limited to, nonfiction and fiction books, magazines, reference books, supplementary titles, multimedia and digital material, software and other material not required as part of classroom instruction.

(2) “School library staff member” means a school library media specialist, school librarian, any certificated or noncertificated staff member whose assignment is in the school library or any individual carrying out or assisting with the functions of a school library media specialist or school librarian.

(3) “Individual with a vested interest” means any school staff member employed by a local or regional board of education, parent or guardian of a student currently enrolled in a school at the time a reconsideration form is filed under subsection (e) of this section and any student currently enrolled in a school at the time a reconsideration form is filed under subsection (e) of this section.

(4) “Remove” means deliberately taking library material out of a library's collection. “Remove” does not include the process of clearing such collection of any materials that are no longer useful.

(b) Each local and regional board of education, after consulting with the superintendent of schools, the director of curriculum and a librarian employed by such board, shall adopt a (1) collection development and maintenance policy, (2) library display and program policy, and (3) library material review and reconsideration policy. Each such policy shall ensure that all library materials are evaluated and made accessible in accordance with the protections against discrimination set forth in section 10-15c, including, but not limited to, discrimination based on race, color, sex, gender identity, religion, national origin, sexual orientation or disability. In developing each such policy, the board shall have control over the content of each such policy, provided such policies are in accordance with the provisions of this section. Each local and regional board of education shall review, and update as necessary, each such policy every five years.

(c) The collection development and maintenance policy shall, at a minimum:

(1) Recognize that library and other educational materials should (A) be provided for the interest, information and enlightenment of all students, and (B) represent a wide range of varied and diverging viewpoints in the collection as a whole;

(2) Require student access to age-appropriate and grade-level-appropriate material, and provide access to library and other educational material that is relevant to the research, independent reading interests and educational needs of students based on a student's age, development or grade level;

(3) Recognize the importance of the school library media center as a place for voluntary inquiry, the dissemination of information and ideas and the promotion of free expression and free access to ideas by students;

(4) Acknowledge that a school library media specialist is professionally trained to curate and develop a collection that provides students with access to the widest array of age-appropriate and grade-level-appropriate library and other educational material; and

(5) Establish a procedure for a certified school library media specialist to continually review library and other educational material within a school library media center using professionally accepted standards, which shall include, but need not be limited to, the material's relevance, physical condition of the material, availability of duplicates or copies of the material, availability of more recent age-appropriate or grade-level-appropriate material and continued demand for the material.

(d) The library display and program policy shall, at a minimum:

(1) Recognize that library displays should (A) be provided for the interest, information and enlightenment of all students, (B) represent a wide range of varied and diverging viewpoints, (C) require student access to age-appropriate and grade-level-appropriate content, and (D) provide access to content that is relevant to the research, independent interests and educational needs of students;

(2) Recognize the importance of displays and student programs as resources for voluntary inquiry and the dissemination of information and ideas and to promote free expression and free access to ideas by students; and

(3) Acknowledge that a school library media specialist is professionally trained to curate and develop displays and programs that provide students with access to the widest array of age-appropriate and grade-level-appropriate library and other educational material.

(e) The library material review and reconsideration policy shall, at a minimum:

(1) Establish a process for individuals with a vested interest to challenge any library and other educational materials, display or student program;

(2) Limit consideration of requests to reconsider and remove material, displays or student programs to the parents and guardians of students and eligible students currently enrolled in the school or school district;

(3) Require that no library and other educational material, display or program shall be removed from library media centers, or programs be cancelled, because of the origin, background or viewpoints expressed in such material, display or program, or because of the origin, background or viewpoints of the creator of such material, display or program;

(4) Require that library and other educational materials, displays and student programs shall only be excluded for legitimate pedagogical purposes or for professionally accepted standards of collection maintenance practices as adopted in the collection development and maintenance policy or the display and program policy;

(5) Require that any process for petitioners to challenge any library and other educational material, display or student program shall neither favor nor disfavor any group based on protected characteristics;

(6) Provide for the creation of a request for reconsideration form that may be submitted by an individual with a vested interest to the principal of the school in which the library and other educational material is being challenged to initiate a review of such material. The form shall require such individual to specify which portion or portions of such material such individual objects to and provide an explanation of the reasons for such objection. Such individual shall not submit a request for reconsideration form without including such individual's full legal name, address and telephone number;

(7) Require the principal, or the principal's designee, to promptly forward the request for reconsideration to the superintendent of schools for the school district. The superintendent, or the superintendent's designee, shall appoint a review committee consisting of: (A) The superintendent, or the superintendent's designee, (B) the principal of the school in which the library and other educational material is being challenged, or the principal's designee, (C) the director of curriculum, or a person in an equivalent position, employed by such board, (D) a representative from the local or regional board of education, (E) at least one grade-level-appropriate teacher familiar with the library material, provided the teacher selected is not the individual who submitted the form, (F) a parent or guardian of a student age thirteen years or younger enrolled in the school district, provided the parent or guardian selected is not the individual who submitted the form, (G) a parent or guardian of a student age fourteen years or older enrolled in the school district, provided the parent or guardian selected is not the individual who submitted the form, and (H) a certified school librarian employed by such board or employed by another board of education in the state. In cases where such form is submitted by a student enrolled in grades nine to twelve, inclusive, and when appropriate and at the discretion of the superintendent, a student enrolled in grades nine to twelve, inclusive, may serve on the review committee if such student did not submit the reconsideration form, provided the superintendent consults with the principal of the school involved in such reconsideration request prior to making this determination whether to include such student on the review committee;

(8) Require that any library and other educational material being challenged remain available in the school library media center according to such material's catalog record and be available for a student to reserve, check out or access until a final decision is made by the review committee;

(9) Require the review committee to evaluate the request for reconsideration form, read the challenged material in its entirety, evaluate the challenged material against the school district's collection development and maintenance policy and make a written decision on whether or not to remove the challenged material not later than sixty school days from the date of receiving such request. The review committee shall provide a copy of the committee's decision and report to the individual with a vested interest who submitted the form and to the principal of the school;

(10) Permit the individual with a vested interest who submitted the request for reconsideration form to appeal the review committee's decision to the local or regional board of education for the school district. The board shall determine whether the reconsideration process was followed and publish the decision on the Internet web site of the school district;

(11) Provide that once a decision has been made by the review committee on any library and other educational material, such material cannot be subject to a new request for review and reconsideration for a period of three years;

(12) Permit a school district to consolidate any requests for review and reconsideration of the same challenged library and other educational material; and

(13) Prohibit the removal, exclusion or censoring of any book on the sole basis that a person with a vested interest finds such book offensive.

(f) Any school library media specialist or school library staff member who, in good faith, implements the policies described in this section shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding that results from such implementation.

(g) Each local and regional board of education shall make the (1) collection development and maintenance policy, (2) library program and display policy, and (3) library material review and reconsideration policy adopted under this section available on the board's or governing body's Internet web site, or, if no such Internet web site exists, inside the school library or included as part of such school library's policy manual.

(P.A. 25-168, S. 321.)

History: P.A. 25-168 effective June 30, 2025.

Sec. 10-222. Appropriations and budget. Each local board of education shall prepare an itemized estimate of the cost of maintenance of public schools for the ensuing year and shall submit such estimate to the board of finance in each town or city having a board of finance, to the board of selectmen in each town having no board of finance or otherwise to the authority making appropriations for the school district, not later than two months preceding the annual meeting at which appropriations are to be made. The board or authority that receives such estimate shall, not later than ten days after the date the board of education submits such estimate, make spending recommendations and suggestions to such board of education as to how such board of education may consolidate noneducational services and realize financial efficiencies. Such board of education may accept or reject the suggestions of the board of finance, board of selectmen or appropriating authority and shall provide the board of finance, board of selectmen or appropriating authority with a written explanation of the reason for any rejection. The money appropriated by any municipality for the maintenance of public schools shall be expended by and in the discretion of the board of education. Except as provided in this subsection, any such board may transfer any unexpended or uncontracted-for portion of any appropriation for school purposes to any other item of such itemized estimate. Boards may, by adopting policies and procedures, authorize designated personnel to make limited transfers under emergency circumstances if the urgent need for the transfer prevents the board from meeting in a timely fashion to consider such transfer. All transfers made in such instances shall be announced at the next regularly scheduled meeting of the board and a written explanation of such transfer shall be provided to the legislative body of the municipality or, in a municipality where the legislative body is a town meeting, to the board of selectmen. Expenditures by the board of education shall not exceed the appropriation made by the municipality, with such money as may be received from other sources for school purposes. If any occasion arises whereby additional funds are needed by such board, the chairman of such board shall notify the board of finance, board of selectmen or appropriating authority, as the case may be, and shall submit a request for additional funds in the same manner as is provided for departments, boards or agencies of the municipality and no additional funds shall be expended unless such supplemental appropriation shall be granted and no supplemental expenditures shall be made in excess of those granted through the appropriating authority. The annual report of the board of education shall, in accordance with section 10-224, include a summary showing (1) the total cost of the maintenance of schools, (2) the amount received from the state and other sources for the maintenance of schools, (3) the net cost to the municipality of the maintenance of schools, and (4) the balance of any nonlapsing, unexpended funds account described in section 10-248a. For purposes of this subsection, “meeting” means a meeting, as defined in section 1-200, and “itemized estimate” means an estimate in which broad budgetary categories including, but not limited to, salaries, fringe benefits, utilities, supplies and grounds maintenance are divided into one or more line items.

(1949 Rev., S. 1480; P.A. 78-218, S. 147; P.A. 82-217; P.A. 84-484, S. 1, 2; P.A. 98-141, S. 1, 2; P.A. 12-116, S. 16; P.A. 13-60, S. 1; P.A. 25-93, S. 35.)

History: P.A. 78-218 simplified phraseology by specifying applicability of provisions to local boards, substituting “municipality” for “city, town or school district” and making other technical changes; P.A. 82-217 inserted provisions relating to supplemental appropriations; P.A. 84-484 inserted Subsec. indicator and added new Subsec. (b) re development of a financial information system to assist boards of education in reporting budget data; (Revisor's note: In 1995 the Revisors editorially substituted the numeric indicators (1), (2) and (3) for (a), (b) and (c) at the end of Subsec. (a) for consistency with statutory usage); P.A. 98-141 amended Subsec. (a) to add provisions re limited transfers in emergency circumstances and to define “meeting”, effective July 1, 1998; P.A. 12-116 deleted former Subsec. (b) re financial information system and made a conforming change, effective May 14, 2012; P.A. 13-60 added provisions authorizing board or authority to make spending recommendations, requiring board of education to provide written explanation of reasons for rejection of recommendations and for transfers of funds and defining “itemized estimate”; P.A. 25-93 added Subdiv. (4) re balance of any nonlapsing, unexpected funds account, effective July 1, 2025.

Sec. 10-222m. School security and safety plans. School security and safety committees. (a) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall develop and implement a school security and safety plan for each school under the jurisdiction of such board. Such plans shall be based on (1) the school security and safety plan standards developed by the Department of Emergency Services and Public Protection, pursuant to section 10-222n, and (2) on and after July 1, 2025, the Guidance to K-12 Public Schools Pertaining to Immigration Activities developed by the Department of Education on January 28, 2025. Each local and regional board of education shall annually review and update, if necessary, such plans.

(b) (1) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall establish a school security and safety committee at each school under the jurisdiction of such board. The school security and safety committee shall be responsible for assisting in the development of the school security and safety plan for the school and administering such plan. Such school security and safety committee shall consist of a local police officer, a local first responder, a teacher employed at the school, the administrator designated pursuant to section 10-220s, a mental health professional, as defined in section 10-76t, a parent or guardian of a student enrolled in the school and any other person the board of education deems necessary. Any parent or guardian serving as a member of a school security and safety committee shall not have access to information reported to such committee that would result in a violation of the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.

(2) For the school year commencing July 1, 2024, each local and regional board of education shall update the school security and safety plan for each school under the jurisdiction of such board to include protocols for interacting with a federal immigration authority, as defined in section 54-192h, who appears in person at a school under the jurisdiction of such board or otherwise contacts a school to request information. Such protocols shall (A) be based on the Guidance to K-12 Public Schools Pertaining to Immigration Activities developed by the Department of Education on January 28, 2025, and (B) include, at a minimum, (i) the designation of at least one administrator at each school to serve as the individual responsible for interacting with the federal immigration authority, pursuant to section 10-220s, (ii) provisions that such administrator, or any other school employee, may (I) request and record a federal immigration authority's identification, including the name, badge or identification number, telephone number and business card of such federal immigration authority, (II) ask such federal immigration authority if such federal immigration authority is in possession of a judicial warrant to support such federal immigration authority's request and, if so, to produce such judicial warrant, (III) review any warrant or other materials that such federal immigration authority produces to determine who issued such warrant and what such warrant or other material authorizes such federal immigration authority to do, and (IV) consult with legal counsel for the school district, or guidance developed by such legal counsel, on how to interact with such federal immigration authority with regards to the nature of the request, whether a warrant is produced, the details of any such warrant, whether such warrant is a judicial warrant or an administrative warrant, whether such federal immigration authority is claiming exigent circumstances, and any other consideration identified by such legal counsel, and (iii) permit other school personnel to direct such federal immigration authority who requests access to any records, information, the interior of the school building or other school personnel to communicate with the administrator designated to interact with such federal immigration authority.

(c) Each local and regional board of education shall annually submit the school security and safety plan for each school under the jurisdiction of such board, developed pursuant to subsection (a) of this section, to the Department of Emergency Services and Public Protection.

(P.A. 13-3, S. 87; P.A. 23-167, S. 63; P.A. 25-1, S. 2, 3.)

History: P.A. 13-3 effective April 4, 2013; P.A. 23-167 amended Subsec. (b) by replacing reference to Sec. 10-222k(c)(2)(C) re reporting to which parent members shall not have access, with “that would result in a violation of the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time”, effective July 1, 2025; P.A. 25-1 amended Subsec. (a) by designating existing provision re school security and safety plan as Subdiv. (1) and adding Subdiv. (2) re Guidance to K-12 Public Schools Pertaining to Immigration Activities, and amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same by adding “the administrator designated pursuant to section 10-220s” and making a conforming change and adding Subdiv. (2) re updating school security and safety plan to include protocols for interacting with a federal immigration authority, effective March 3, 2025, and made identical changes, effective July 1, 2025.

Sec. 10-222tt. Building Educational Responsibility with Greater Improvement Networks Commission. (a) There is established the Building Educational Responsibility with Greater Improvement Networks Commission. The commission shall study (1) issues relating to education funding entitled to local and regional boards of education, charter schools and operators of interdistrict magnet school programs under the provisions of section 10-262h and section 10-66ee, (2) accountability measures for (A) alliance districts, (B) charter schools, and (C) interdistrict magnet school programs, (3) the adequacy of financial reporting by (A) local and regional boards of education, including financial reporting associated with participation in the state-wide interdistrict public school attendance program, established pursuant to section 10-266aa, (B) the governing councils of state and local charter schools and charter management organizations, and (C) operators of interdistrict magnet school programs, and (4) the financial impact of interdistrict magnet school programs, charter schools and the state-wide interdistrict public school attendance program on local and regional boards of education, including, but not limited to, equalization aid grant amounts, transportation costs, special education services and other general educational costs for children who reside in the school district but do not attend a school under the jurisdiction of the board of education for such school district. The commission may form subcommittees, as necessary, in order to perform its responsibilities under subsection (c) of this section.

(b) (1) The portion of such study regarding issues relating to education funding entitled to local and regional boards of education, charter schools and interdistrict magnet schools shall include, but need not be limited to, an analysis of and recommendations relating to (A) the compensation, benefits, retention and recruitment of teachers, paraprofessionals and social workers, (B) restrictions on the use of any additional funds received pursuant to section 10-262h, (C) reporting requirements for school districts receiving additional funds provided under the provisions of section 10-262h, (D) optimal class sizes, and (E) the inclusion of special education as a need factor in the equalization aid grant formula under section 10-262h.

(2) The portion of such study regarding alliance districts shall include, but need not be limited to, (A) an analysis of the process by which alliance district plans are developed by boards of education and are reviewed and approved by the Commissioner of Education, and recommendations for narrowing the focus of or replacing such plans, (B) a consideration of the removal of the withholding of a portion of an alliance district's equalization aid grant under section 10-262u, (C) the feasibility of creating independent financial audits of the expenditures under the entire budget of boards of education for alliance districts, (D) the feasibility of requiring boards of education for alliance districts to hold hearings on interventions and make annual evaluations of any new programming established in the school district, (E) a consideration of establishing guidelines for the hiring of nonclassroom personnel, and (F) a consideration of interventions that the Department of Education may take in regard to the operations of an alliance district.

(3) The portion of such study regarding charter schools shall include, but need not be limited to, (A) the feasibility of allowing for a full grade expansion of existing charters, including grade expansion, (B) an examination of the impact of moratoriums on the granting of new charters, as well as the approval of new interdistrict magnet school programs, (C) a consideration of the duration of the length of a charter's validity, and (D) an examination of the charter renewal process, including the standards used by the State Board of Education during its determination of whether to renew a charter and the creation of an accountability scale.

(4) The portion of such study regarding interdistrict magnet schools shall include, but need not be limited to, oversight policies for interdistrict magnet school programs operated by regional education service centers relating to tuition increases, enrollment and funding caps.

(c) (1) The commission shall conduct a needs-based study to determine if additional special education programs and services are required in the state to meet student demand. In conducting such needs-based study, the commission shall review approved and nonapproved public and private special education schools and the programs and services provided by such schools, including whether such schools maintain a waitlist for such services. The Department of Education shall comply with all data and information requests made by the commission. The commission shall develop and recommend a new methodology that the Department of Education, in consultation with the Office of Policy and Management, shall use when reviewing applications submitted by a private provider of special education services to become an approved private provider of special education services, including application and applicant criteria.

(2) The commission shall study and consider recommendations for the creation of a peer review process for the special education program in each school district that will review each school district periodically in an effort to share best practices to duplicate or model in other school districts with similar special education and student needs.

(3) The commission shall examine the current utilization and implementation of Tier 2 interventions of multitiered systems of supports and scientific research-based interventions in public schools, and identify any potential benefits of implementing Tier 2 interventions and any barriers to such implementation and make recommendations to improve such implementation of Tier 2 interventions. As part of such examination, the commission shall consider, at a minimum, (A) requiring the Department of Education to revise existing guidelines concerning multitiered systems of support, response to intervention, and scientific research-based interventions to include current research and best practices, (B) requiring mandated training and certification of the staff supervising and implementing Tier 2 interventions, (C) requiring reading intervention before a special education placement is made if the primary reason for the placement is reading-related, and (D) methods of incentivizing boards of education to hire additional reading intervention teachers. The Department of Education shall comply with all data and information requests made by the commission.

(4) The commission shall review and recommend changes to the Department of Education's Connecticut Special Education Data System (CT-SEDS). Such review shall, at a minimum, consider the accessibility and usability of CT-SEDS by educators and parents and guardians of students and any requirements of CT-SEDS that exceed statutory and regulatory requirements for individualized education programs. Such recommendations may be developed, in part, on the findings of the report described in section 17 of this act* regarding the purpose of each CT-SEDS field.

(5) The commission shall conduct a study concerning access to respite care for families of children with disabilities in the state. Such study shall assess the current availability of respite services, identify gaps in access or delivery and evaluate how respite care supports families in keeping children with disabilities safely at home and within their communities.

(6) The commission shall develop recommendations for (A) standards for measuring the effectiveness of the delivery of special education services by local and regional boards of education, and (B) a system of publicly acknowledging those school districts that are consistently (i) meeting or exceeding such standards, and (ii) not meeting or are below such standards.

(7) The commission shall review and make recommendations for legislation concerning the implementation of the proposed state-wide special education workload analysis model, developed pursuant to section 16 of this act*.

(8) The commission, in consultation with the Office of Health Strategy, Office of the Healthcare Advocate and Department of Social Services, shall conduct a study to determine if certain special education services can be billed to Medicaid or other private insurance.

(d) The commission shall consist of the following initial members:

(1) The speaker of the House of Representatives, or the speaker's designee;

(2) Two appointed by the speaker of the House of Representatives, one of whom is a representative of the Connecticut Association of Public School Superintendents and one of whom is a representative of the RESC Alliance;

(3) The president pro tempore of the Senate, or the president pro tempore's designee;

(4) Two appointed by the president pro tempore of the Senate, one of whom is a representative of Special Education Equity for Kids and one of whom is a representative of the Center for Children's Advocacy;

(5) Three appointed by the majority leader of the House of Representatives, one of whom is a representative of the Connecticut School Counselor Association, one of whom is a representative of the Connecticut Education Association and one of whom is a representative of the Connecticut Voices for Children;

(6) Three appointed by the majority leader of the Senate, one of whom is a representative of the American Federation of Teachers-Connecticut, one of whom is a representative of ConnCAN and one of whom is a representative of the School and State Finance Project;

(7) Three appointed by the minority leader of the House of Representatives, one of whom is a representative of the Connecticut Association of School Administrators and one of whom is a representative of the Connecticut Association of School Business Officials, and one of whom is a member of a local or regional board of education for an alliance district, in consultation with the Connecticut Association of Boards of Education;

(8) Three appointed by the minority leader of the Senate, one of whom is a representative of the Connecticut Charter School Association, one of whom is the executive director of an agricultural science and technology education center and one of whom is a representative of the Connecticut Council of Administrators of Special Education;

(9) The Commissioner of Education, or the commissioner's designee; and

(10) The Secretary of the Office of Policy and Management, or the secretary's designee.

(e) The commission shall consist of the following additional members:

(1) Three appointed by the speaker of the House of Representatives, one of whom is a parent of a child receiving special education services in the state, one of whom is a representative of Disability Rights Connecticut and one of whom is an individual who may be a member of the General Assembly;

(2) Three appointed by the president pro tempore of the Senate, one of whom is a parent of a child receiving special education services in the state, one of whom is a representative of the Connecticut Association of Public School Superintendents and one whom is an individual who may be a member of the General Assembly;

(3) Three appointed by the majority leader of the House of Representatives, one of whom is a parent of a child receiving special education services in the state, one of whom is a special education teacher in the state and a member of the Connecticut Education Association and one of whom is an individual who may be a member of the General Assembly;

(4) Three appointed by the majority leader of the Senate, one of whom is a special education teacher in the state and a member of the American Federation of Teachers-Connecticut, one of whom is a representative of the Connecticut Council of Administrators of Special Education and one of whom is an individual who may be a member of the General Assembly;

(5) Three appointed by the minority leader of the House of Representatives, one of whom is a parent of a child receiving special education services in the state, one of whom is a special education teacher in the state and a member of the American Federation of Teachers-Connecticut and one of whom is an individual who may be a member of the General Assembly;

(6) Three appointed by the minority leader of the Senate, one of whom is a representative of the Connecticut Association of Private Special Education Facilities, one of whom is a special education teacher in the state and a member of the Connecticut Education Association and one of whom is an individual who may be a member of the General Assembly; and

(7) Two designated by the Commissioner of Education.

(f) (1) All initial appointments to the commission pursuant to subsection (d) of this section shall be made not later than July 28, 2023. Any vacancy shall be filled by the appointing authority.

(2) All additional appointments to the commission pursuant to subsection (e) of this section shall be made not later than thirty days after June 23, 2025. Any vacancy shall be filled by the appointing authority.

(g) The speaker of the House of Representatives and the president pro tempore of the Senate, or their designees, shall serve as the chairpersons of the commission and shall schedule the first meeting of the commission, which shall be held not later than sixty days after June 23, 2025.

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

(i) The Department of Education shall comply with all data and information requests made by the commission for purposes of this section.

(j) (1) Not later than January 15, 2026, the commission shall submit a report on the portion of the study described in subdivision (1) of subsection (b) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

(2) Not later than January 15, 2026, the commission shall submit a report on the portion of the study described in subdivisions (2) and (3) of subsection (b) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education.

(3) Not later than December 1, 2026, the commission shall submit a report on the needs-based study described in subdivision (1) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the Secretary of the Office of Policy and Management, the Commissioner of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

(4) Not later than December 1, 2026, the commission shall submit a report on the study described in subdivision (2) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the Commissioner of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education.

(5) Not later than December 1, 2026, the commission shall submit a report on the examination described in subdivision (3) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the Commissioner of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

(6) Not later than December 1, 2026, the commission shall submit a report on the review and recommendations described in subdivision (4) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the Commissioner of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education.

(7) Not later than December 1, 2026, the commission shall submit a report on the study described in subdivision (5) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the Commissioner of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and public health.

(8) Not later than December 1, 2026, the commission shall submit its recommendations described in subdivision (6) of subsection (c) of this section, in accordance with the provisions of section 11-4a, to the Commissioner of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education.

(9) Not later than December 1, 2026, the commission shall submit its review and recommendations described in subdivision (7) of subsection (c) of this section, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education.

(10) Not later than December 1, 2026, the commission shall submit a report on the study described in subdivision (8) of subsection (c) of this section, in accordance with the provisions of section 11-4a, on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to education, human services and insurance.

(k) The commission shall terminate on the date that it submits the last of such reports or July 1, 2030, whichever is later.

(P.A. 23-167, S. 36; P.A. 25-67, S. 15.)

*Note: Sections 16 and 17 of public act 25-67 are special in nature and therefore have not been codified but remain in full force and effect according to their terms.

History: P.A. 23-167 effective June 28, 2023; P.A. 25-67 amended Subsec. (a) by adding provision re commission may form subcommittees, redesignated existing Subsec. (c) as Subsec. (d), redesignated existing Subsecs. (d) to (f) as Subsecs. (f) to (h), redesignated existing Subsec. (g) as Subsec. (j), redesignated existing Subsec. (g)(3) as Subsec. (k), added new Subsec. (c) re studies, reviews and recommendations, amended redesignated Subsec. (d) by replacing “members” with “initial members”, added new Subsec. (e) re additional members, amended redesignated Subsec. (f) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re additional appointments, added Subsec. (i) re department to comply with all data and information requests made by commission, amended redesignated Subsec. (j) by replacing “February 1, 2024” with “January 15, 2026” in Subdiv. (1), replacing “January 15, 2025” with “January 15, 2026” in Subdiv. (2), adding new Subdiv. (3) re submission of needs-based study and adding Subdivs. (4) to (10) re submission of various reports, reviews and recommendations, and made technical and conforming changes throughout, effective June 23, 2025.

Sec. 10-223h. Commissioner's network of schools. Turnaround committees. Operations and instructional audit. Turnaround plans. Reports. (a) For the fiscal years ending June 30, 2013, to June 30, 2028, inclusive, the Commissioner of Education shall establish, within available appropriations, a commissioner's network of schools to improve student academic achievement in low-performing schools. The commissioner may select not more than twenty-five schools in any single school year that have been classified as a category four school or a category five school pursuant to section 10-223e to participate in the commissioner's network of schools, except the commissioner shall not select any additional school to participate in the commissioner's network of schools on or after July 1, 2025. The commissioner shall issue guidelines regarding the development of turnaround plans, and such guidelines shall include, but not be limited to, annual deadlines for the submission or nonsubmission of a turnaround plan and annual deadlines for approval or rejection of turnaround plans. The commissioner shall give preference for selection in the commissioner's network of schools to such schools (1) that volunteer to participate in the commissioner's network of schools, provided the local or regional board of education for such school and the representatives of the exclusive bargaining unit for certified employees chosen pursuant to section 10-153b mutually agree to participate in the commissioner's network of schools, (2) in which an existing collective bargaining agreement between the local or regional board of education for such school and the representatives of the exclusive bargaining unit for certified employees chosen pursuant to section 10-153b will have expired for the school year in which a turnaround plan will be implemented, or (3) that are located in school districts that (A) have experience in school turnaround reform, or (B) previously received a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq. Each school so selected shall begin implementation of a turnaround plan, as described in subsection (d) of this section. Each school so selected shall participate in the commissioner's network of schools for three school years, and may continue such participation for an additional year, not to exceed two additional years, upon approval from the State Board of Education in accordance with the provisions of subsection (h) of this section, except a school that is participating in the commissioner's network of schools on July 1, 2025, may continue such participation for an additional year or an additional two years. The commissioner shall provide funding, technical assistance and operational support to schools participating in the commissioner's network of schools and may provide financial support to teachers and administrators working at a school that is participating in the commissioner's network of schools. All costs attributable to developing and implementing a turnaround plan in excess of the ordinary operating expenses for such school shall be paid by the State Board of Education.

(b) (1) Upon the selection by the Commissioner of Education of a school for participation in the commissioner's network of schools, the local or regional board of education for such school shall establish a turnaround committee for the school district. The turnaround committee shall consist of the following members: (A) Two appointed by the local or regional board of education, at least one of whom shall be an administrator employed by such board of education and at least one of whom shall be the parent or guardian of a student enrolled in the school district for such board of education; (B) three appointed by the exclusive bargaining unit for teachers chosen pursuant to section 10-153b, at least two of whom shall be teachers employed by such board of education and at least one of whom shall be the parent or guardian of a student enrolled in the school district for such board of education; and (C) the Commissioner of Education, or the commissioner's designee. The superintendent of schools for the district, or the superintendent's designee, where such school is located shall be a nonvoting ex-officio member and serve as the chairperson of the turnaround committee.

(2) The turnaround committee, in consultation with the school governance council, as described in section 10-223j, for a school selected to participate in the commissioner's network of schools, shall (A) assist the Department of Education in conducting the operations and instructional audit pursuant to subsection (c) of this section, (B) develop a turnaround plan for such school in accordance with the provisions of subsection (d) of this section and guidelines issued by the commissioner, and (C) monitor the implementation of such turnaround plan.

(c) Following the establishment of a turnaround committee, the Department of Education shall conduct, in consultation with the local or regional board of education for a school selected to participate in the commissioner's network of schools, the school governance council for such school and such turnaround committee, an operations and instructional audit, as described in subparagraph (A) of subdivision (2) of subsection (e) of section 10-223e, for such school. Such operations and instructional audit shall be conducted pursuant to guidelines issued by the department and shall determine the extent to which the school (1) has established a strong family and community connection to the school; (2) has a positive school environment, as evidenced by a culture of high expectations, a safe and orderly workplace, and that address other nonacademic factors that impact student achievement, such as students' social, emotional, arts, cultural, recreational and health needs; (3) has effective leadership, as evidenced by the school principal's performance appraisals, track record in improving student achievement, ability to lead turnaround efforts, and managerial skills and authority in the areas of scheduling, staff management, curriculum implementation and budgeting; (4) has effective teachers and support staff as evidenced by performance evaluations, policies to retain staff determined to be effective and who have the ability to be successful in the turnaround effort, policies to prevent ineffective teachers from transferring to the schools, and job-embedded, ongoing professional development informed by the teacher evaluation and support programs that are tied to teacher and student needs; (5) uses time effectively as evidenced by the redesign of the school day, week, or year to include additional time for student learning and teacher collaboration; (6) has a curriculum and instructional program that is based on student needs, is research-based, rigorous and aligned with state academic content standards, and serves all children, including students at every achievement level; and (7) uses evidence to inform decision-making and for continuous improvement, including by providing time for collaboration on the use of data. Such operations and instructional audit shall be informed by an inventory of the following: (A) Before and after school programs, (B) any school-based health centers, family resource centers or other community services offered at the school, including, but not limited to, social services, mental health services and parenting support programs, (C) whether scientific research-based interventions are being fully implemented at the school, (D) resources for scientific research-based interventions during the school year and summer school programs, (E) resources for gifted and talented students, (F) the length of the school day and the school year, (G) summer school programs, (H) alternative education, as defined in section 10-74j, if any, offered to students at the school, (I) the number of teachers employed at the school and the number of teachers who have left the school in each of the previous three school years, (J) student mobility, including the number of students who have been enrolled in and left the school, (K) the number of students whose primary language is not English, (L) the number of students receiving special education services, (M) the number of truants, (N) the number of students who are eligible for free or reduced price lunches, (O) the number of students who are eligible for HUSKY A, (P) the curricula used at the school, (Q) the reading curricula and programs for kindergarten to grade three, inclusive, if any, at the school, (R) arts and music programs offered at the school, (S) physical education programs offered and periods for recess or physical activity, (T) the number of school psychologists at the school and the ratio of school psychologists to students at the school, (U) the number of social workers at the school and the ratio of social workers to students at the school, (V) the teacher and administrator performance evaluation program, including the frequency of performance evaluations, how such evaluations are conducted and by whom, the standards for performance ratings and follow-up and remediation plans and the aggregate results of teacher performance evaluation ratings conducted pursuant to section 10-151b and any other available measures of teacher effectiveness, (W) professional development activities and programs, (X) teacher and student access to technology inside and outside of the classroom, (Y) student access to and enrollment in mastery test preparation programs, (Z) the availability of textbooks, learning materials and other supplies, (AA) student demographics, including race, gender and ethnicity, (BB) chronic absenteeism, and (CC) preexisting school improvement plans, for the purpose of (i) determining why such school improvement plans have not improved student academic performance, and (ii) identifying governance, legal, operational, staffing or resource constraints that contributed to the lack of student academic performance at such school and should be addressed, modified or removed for such school to improve student academic performance.

(d) Following the operations and instructional audit for the school selected to participate in the commissioner's network of schools, the turnaround committee shall develop a turnaround plan for such school. The school governance council for each turnaround school may recommend to the turnaround committee for the school district one of the turnaround models described in subparagraphs (A) to (F), inclusive, of subdivision (3) of this subsection. The turnaround committee may accept such recommendation or may choose a different turnaround model for inclusion in the turnaround plan submitted under this subsection. The turnaround plan for such school shall (1) include a description of how such turnaround plan will improve student academic achievement in the school, (2) address deficiencies identified in the operations and instructional audit, and (3) utilize one of the following turnaround models: (A) A CommPACT school, as described in section 10-74g, (B) a social development model, (C) the management, administration or governance of the school to be the responsibility of a regional educational service center, a public or private institution of higher education located in the state, or, subject to the provisions of subsection (e) of this section, an approved educational management organization, (D) a school described in section 10-74f, (E) a model developed by the turnaround committee that utilizes strategies, methods and best practices that have been proven to be effective in improving student academic performance, including, but not limited to, strategies, methods and best practices used at public schools, interdistrict magnet schools and charter schools or collected by the commissioner pursuant to subsection (f) of this section, (F) a community school, as described in section 10-74i, or (G) a model developed in consultation with the commissioner or by the commissioner subject to the provisions of subsection (e) of this section. The turnaround plan shall not assign the management, administration or governance of such school to a (i) for-profit corporation, or (ii) a private not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than a public or private institution of higher education located in the state or, subject to the provisions of subsection (e) of this section, an approved not-for-profit educational management organization, as defined in subsection (e) of this section. Such turnaround plan may include proposals changing the hours and schedules of teachers and administrators at such school, the length and schedule of the school day, the length and calendar of the school year, the amount of time teachers shall be present in the school beyond the regular school day and the hiring or reassignment of teachers or administrators at such school. If a turnaround committee does not develop a turnaround plan, or if the commissioner determines that a turnaround plan developed by a turnaround committee is deficient, the commissioner may develop a turnaround plan for such school in accordance with the provisions of this subsection and, if the commissioner deems necessary, the commissioner may appoint a district improvement officer for such school to implement the provisions of the turnaround plan developed by the commissioner. The turnaround plan shall direct all resources and funding to programs and services delivered at such school for the educational benefit of the students enrolled at such school and be transparent and accountable to the local community. The State Board of Education shall approve the turnaround plan developed by a turnaround committee before a school may implement such turnaround plan.

(e) (1) For the school year commencing July 1, 2012, the Commissioner of Education shall develop one turnaround plan for a school selected to participate in the commissioner's network of schools. Such turnaround plan shall be implemented for the school year commencing July 1, 2012. Such plan may assign the management, administration or governance of such school to an approved not-for-profit educational management organization, and shall negotiate matters relating to such turnaround plan in accordance with the provisions of subsection (c) of section 10-153s.

(2) For the school year commencing July 1, 2012, the Commissioner of Education may approve a turnaround plan for a school selected to participate in the commissioner's network of schools that assigns the management, administration or governance of such school to an approved not-for-profit educational management organization, and shall negotiate matters relating to such turnaround plan in accordance with the provisions of subsection (c) of section 10-153s. Such turnaround plan shall be implemented for the school year commencing July 1, 2012.

(3) The commissioner shall permit not more than four total turnaround plans for schools selected to participate in the commissioner's network of schools implementing turnaround plans beginning in the school year commencing July 1, 2013, or July 1, 2014, to assign the management, administration or governance of such school to an approved not-for-profit educational management organization, provided the commissioner shall not permit such assignment in a turnaround plan to more than three schools in a single school year. If the commissioner does not approve a turnaround plan under subdivision (2) of this subsection, the commissioner may approve one additional turnaround plan for a school selected to participate in the commissioner's network of schools that assigns the management, administration or governance of such school to an approved not-for-profit educational management organization to be implemented in the school year commencing July 1, 2013, or July 1, 2014.

(4) For purposes of this section, and section 10-223i, “approved not-for-profit educational management organization” means a not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, that (A) operates a state charter school located in the state that has a record of student academic success for students enrolled in such state charter school, or (B) has experience and a record of success in improving student achievement for low income or low performing students through measures, including, but not limited to, reconstituting schools while, if applicable, respecting existing contracts of employees of such schools.

(f) The Commissioner of Education may partner with any public or private institution of higher education in the state, for a period not to exceed twelve months, to assist the Department of Education in collecting, compiling and replicating strategies, methods and best practices that have been proven to be effective in improving student academic performance in public schools, interdistrict magnet schools and charter schools. The commissioner shall make such strategies, methods and best practices available to local and regional boards of education and turnaround committees for use in developing a turnaround model, pursuant to subsection (d) of this section, and in implementing the turnaround plan for a school that is participating in the commissioner's network of schools.

(g) Nothing in this section shall alter the collective bargaining agreements applicable to the administrators and teachers employed by the local or regional board of education, subject to the provisions of sections 10-153a to 10-153n, inclusive, and such collective bargaining agreements shall be considered to be in operation at schools participating in the commissioner's network of schools, except to the extent the provisions are modified by any memorandum of understanding between the local or regional board of education and the representatives of the exclusive bargaining units for certified employees, chosen pursuant to section 10-153b, or are modified by a turnaround plan, including, but not limited to, any election to work agreement pursuant to such turnaround plan for such schools and negotiated in accordance with the provisions of section 10-153s.

(h) Each school participating in the commissioner's network of schools shall participate for three school years, and may continue such participation for an additional year, not to exceed two additional years, upon approval from the State Board of Education, except a school that is participating in the commissioner's network of schools on July 1, 2025, may continue such participation for an additional year or an additional two years. On and after July 1, 2025, before the end of the third year that a school is participating in the commissioner's network of schools, the commissioner shall conduct an evaluation of the school's participation in the commissioner's network of schools. The local or regional board of education for such school shall develop, in consultation with the commissioner, a plan, subject to the approval by the State Board of Education, for the transition of such school back to full control by the local or regional board of education.

(i) Not later than thirty days after the approval of the turnaround plan for a school selected to participate in the commissioner's network of schools by the State Board of Education, the Commissioner of Education shall submit the operations and instructional audit and the turnaround plan for such school 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.

(j) (1) Not later than February 1, 2018, and annually thereafter, the Commissioner of Education shall annually submit a report on the academic performance of each school participating in the commissioner's network of schools 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 not be limited to, (A) the accountability index score, as defined in section 10-223e, for such school, (B) trends for the accountability index scores during the period that such school is participating in the commissioner's network of schools, (C) adjustments for subgroups of students at such school, including, but not limited to, students whose primary language is not English, students receiving special education services and students who are eligible for free or reduced price lunches, and (D) performance evaluation results in the aggregate for teachers and administrators at such school.

(2) Not later than February 1, 2018, and annually thereafter, the Commissioner of Education shall annually submit a report comparing and analyzing the academic performance of all the schools participating in the commissioner's network of schools 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 not be limited to, (A) the accountability index score, as defined in section 10-223e, for the school, (B) trends for the accountability indices during the period that such schools are participating in the commissioner's network of schools, (C) adjustments for subgroups of students at such schools, including, but not limited to, students whose primary language is not English, students receiving special education services and students who are eligible for free or reduced price lunches, and (D) performance evaluation results in the aggregate for teachers and administrators at such schools.

(3) Not later than February first following the expiration of the turnaround plan for each school participating in the commissioner's network of schools, the commissioner shall submit a final report that (A) evaluates such turnaround plan and the academic performance of such school during the period that such turnaround plan was in effect, and (B) makes recommendations for the operation of such school 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.

(4) Not later than January 1, 2020, the commissioner shall submit a report (A) evaluating the commissioner's network of schools and its effect on improving student academic achievement in participating schools, and (B) making any recommendations for the continued operation of the commissioner's network of schools 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.

(5) Not later than February first each year, the Commissioner of Education shall present the items submitted pursuant to subdivisions (1) to (4), inclusive, of this subsection to the joint standing committee of the General Assembly having cognizance of matters relating to education.

(P.A. 12-116, S. 19; June 12 Sp. Sess. P.A. 12-2, S. 14, 15; P.A. 13-31, S. 18; 13-64, S. 2; 13-245, S. 17; P.A. 15-69, S. 2; 15-133, S. 7; 15-215, S. 2; June Sp. Sess. P.A. 15-5, S. 258, 331; P.A. 17-173, S. 4; P.A. 25-175, S. 4, 5.)

History: P.A. 12-116 effective May 14, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (d) by replacing “application” with “turnaround plan” re turnaround committee's acceptance of recommendation or choice of different model and amended Subsec. (e) by adding new Subdiv. (2) re approval of a turnaround plan for school year commencing July 1, 2012, redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), replacing “five total turnaround committees” with “four total turnaround plans” and adding provision re approval of one additional turnaround plan in redesignated Subdiv. (3) and deleting reference to school located out of state and making a technical change in redesignated Subdiv. (4)(B), effective June 15, 2012; P.A. 13-31 made a technical change in Subsec. (c), effective May 28, 2013; P.A. 13-64 amended Subsec. (d) by adding new Subpara. (F) re community schools, redesignating existing Subpara. (F) as Subpara. (G) and making a conforming change, effective July 1, 2013; P.A. 13-245 amended Subsec. (a) by adding Subdiv. (3) re schools located in districts that have experience in turnaround reform or previously received a school improvement grant, effective July 2, 2013; P.A. 15-69 amended Subsec. (c) to replace “HUSKY Plan, Part A” with “HUSKY A” in Subpara. (O), effective June 19, 2015; P.A. 15-133 amended Subsec. (c)(H) by replacing “the alternative high school” with “alternative education, as defined in section 10-74j” and “available” with “offered”, effective July 1, 2015; P.A. 15-215 amended Subsec. (d) by replacing “special master” with “district improvement officer”, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding “within available appropriations”, replacing “On or before July 1, 2014, the” with “The” and adding “in any single school year” re commissioner may select not more than 25 schools, replacing provision re commissioner not to select more than 2 schools from a single school district in a single school year and not more than 4 schools in total from a single district with provision re commissioner may select not more than 5 schools in any single school year from a single school district to participate in commissioner's network of schools, and deleting “not later than the school year commencing July 1, 2014” re implementation of turnaround plan, and amended Subsec. (j) by replacing references to school performance index scores with references to accountability index scores and making conforming changes in Subdivs. (1) and (2), effective July 1, 2015; P.A. 17-173 amended Subsec. (j) by adding “Not later than February 1, 2018, and annually thereafter” in Subdivs. (1) and (2), replacing “Following” with “Not later than February first following” in Subdiv. (3), adding Subdiv. (5) re Commissioner of Education to present items to education committee, and making conforming changes, effective July 1, 2017; P.A. 25-175 amended Subsec. (a) by adding provision making section applicable to fiscal years ending June 30, 2013, to June 30, 2028, adding exception re commissioner shall not select any additional schools to participate, deleting provision re commissioner may not select more than 5 schools from a single school district in a single year and adding exception re any school that is participating on July 1, 2025, may continue such participation for an additional year or an additional 2 years, amended Subsec. (h) by adding exception re school that is participating on July 1, 2025, may continue such participation for an additional year or an additional 2 years, replacing provision re evaluation to determine whether school is prepared to exit commissioner's network of schools with provision re evaluation of the school's participation in the commissioner's network of schools, and deleting provisions re school not ready to exit the commissioner's network of schools, effective July 1, 2025.

Sec. 10-232a. Criminal history and child abuse and neglect registry records checks of applicants and employees of nongovernmental school operators. Termination or dismissal. Fingerprinting. Availability of information re applicant's history. (a) As used in this section and sections 10-232b and 10-232c, “nongovernmental school operator” means an operator of an interdistrict magnet school that is a third-party not-for-profit corporation approved by the Commissioner of Education, the governing council of a state or local charter school, an endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, a special education facility approved by the State Board of Education pursuant to section 10-76d, the supervisory agent of a nonpublic school, a cooperative arrangement pursuant to section 10-158a and a private provider of special education services, as defined in section 10-91g.

(b) Each nongovernmental school operator shall, subject to the provisions of section 31-51i, (1) require each applicant for a position with such nongovernmental school operator to state, in writing, whether such applicant has ever been convicted of a crime or whether criminal charges are pending against such applicant at the time of such application and, if charges are pending, to state the charges and the court in which such charges are pending, (2) require each applicant to submit to a records check of the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, before such applicant may be hired by such nongovernmental school operator, and (3) on and after July 1, 2019, require, subject to the provisions of subsection (e) of this section, each applicant for a position with such nongovernmental school operator to submit to state and national criminal history records checks within thirty days from the date of employment and may require, subject to the provisions of subsection (e) of this section, any person hired prior to said date to submit to state and national criminal history records checks. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a, the federal National Child Protection Act of 1993 and the federal Volunteers for Children Act of 1998. If the nongovernmental school operator receives notice of a conviction of a crime which has not previously been disclosed by such person to the nongovernmental school operator, the nongovernmental school operator may (A) terminate the contract of a certified employee, in accordance with the provisions of section 10-151, if applicable, and (B) dismiss a noncertified employee, provided such employee is notified of the reason for such dismissal. If the nongovernmental school operator receives notice of a conviction of a crime by a person holding a certificate, authorization or permit issued by the State Board of Education, the nongovernmental school operator shall send such notice to the State Board of Education. The provisions of this subsection shall not be construed to cause a nongovernmental school operator to disseminate the results of any national criminal history records check.

(c) If a nongovernmental school operator requests, a regional educational service center shall arrange for the fingerprinting of any person required to submit to state and national criminal history records checks pursuant to this section or for conducting any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation and shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a, the federal National Child Protection Act of 1993 and the federal Volunteers for Children Act of 1998. Such regional educational service center shall maintain such fingerprints or other positive identifying information, which may be in an electronic format, for a period of four years, at the end of which such fingerprints and positive identifying information shall be destroyed. The State Police Bureau of Identification shall provide the results of such checks to such nongovernmental school operator. No regional educational service center shall charge a fee for services under this subsection that exceeds any fee that the center may charge any applicant for a position with such center.

(d) State and national criminal history records checks for substitute teachers completed within one year prior to the date of employment with a nongovernmental school operator and submitted to the employing nongovernmental school operator shall meet the requirements of subsection (b) of this section. A nongovernmental school operator shall not require substitute teachers to submit to state and national criminal history records checks pursuant to subsection (b) of this section if they are continuously employed by such nongovernmental school operator, provided a substitute teacher is subjected to such checks at least once every five years. For purposes of this section, substitute teachers shall be deemed to be continuously employed by a nongovernmental school operator if they are employed at least one day of each school year by such nongovernmental school operator.

(e) The provisions of this section shall not apply to (1) a student employed by the nongovernmental school operator that operates a school which the student attends, or (2) a person employed by a nongovernmental school operator as a teacher for a noncredit adult class or adult education activity, as defined in section 10-67, who is not required to hold a teaching certificate pursuant to section 10-145b for his or her position.

(f) Notwithstanding the provisions of subsection (g) of section 31-51i, and to the extent permissible under state and federal laws regarding the dissemination of criminal history records, the State Board of Education shall, upon request of a nongovernmental school operator, make available to such nongovernmental school operator requesting information concerning an applicant for a position with such nongovernmental school operator, (1) any information concerning the applicant's eligibility for employment in a position with such nongovernmental school operator requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct, as defined in section 10-222c, and any information concerning such a finding, and (3) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges. The provisions of this subsection shall not be construed to cause the state board to investigate any such request or disseminate the results of any national criminal history records check.

(P.A. 19-91, S. 2; P.A. 21-144, S. 5; P.A. 25-93, S. 21.)

History: P.A. 19-91 effective July 1, 2019; P.A. 21-144 amended Subsec. (a) by redefining “nongovernmental school operator”, effective July 7, 2021; P.A. 25-93 amended Subsec. (a) by redefining “nongovernmental school operator”, effective July 1, 2025.

Sec. 10-233c. Suspension of pupils. (a) Any local or regional board of education may authorize the administration of the schools under its direction to suspend from school privileges a pupil whose conduct on school grounds or at a school sponsored activity is violative of a publicized policy of such board or is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process. In making a determination as to whether conduct is seriously disruptive of the educational process, the administration may consider, but such consideration shall not be limited to: (1) Whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as defined in section 29-38, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol. Any such board may authorize the administration to suspend transportation services for a pupil whose conduct while awaiting or receiving transportation to and from school endangers persons or property or is violative of a publicized policy of such board. Unless an emergency exists, no pupil shall be suspended without an informal hearing by the administration, at which such pupil shall be informed of the reasons for the disciplinary action and given an opportunity to explain the situation, provided nothing herein shall be construed to prevent a more formal hearing from being held if the circumstances surrounding the incident so require, and further provided no pupil shall be suspended more than ten times or a total of fifty days in one school year, whichever results in fewer days of exclusion, unless such pupil is granted a formal hearing pursuant to sections 4-176e to 4-180a, inclusive, and section 4-181a. If an emergency situation exists, such hearing shall be held as soon after the suspension as possible. Prior to conducting any hearing under this subsection, an administrator, school counselor or school social worker at the school in which the pupil is enrolled shall contact the local homeless education liaison designated by the local or regional board of education for the school district, pursuant to Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time, to make a determination whether such pupil is a homeless child or youth, as defined in 42 USC 11343a, as amended from time to time. If it is determined that such pupil is a homeless child or youth, the administration shall consider the impact of homelessness on the behavior of the pupil during the hearing.

(b) In determining the length of a suspension period, the administration may receive and consider evidence of past disciplinary problems which have led to removal from a classroom, suspension or expulsion of such pupil.

(c) Whenever any administration suspends a pupil, such administration shall not later than twenty-four hours after the suspension notify the superintendent or such superintendent's designee as to the name of the pupil against whom such disciplinary action was taken and the reason therefor.

(d) Any pupil who is suspended shall be given an opportunity to complete any classwork including, but not limited to, examinations which such pupil missed during the period of suspension.

(e) For any pupil who is suspended for the first time pursuant to this section and who has never been expelled pursuant to section 10-233d, the administration may shorten the length of or waive the suspension period if the pupil successfully completes an administration-specified program and meets any other conditions required by the administration. Such administration-specified program shall not require the pupil or the parent or guardian of the pupil to pay for participation in the program.

(f) Whenever a pupil is suspended pursuant to the provisions of this section, notice of the suspension and the conduct for which the pupil was suspended shall be included on the pupil's cumulative educational record. Such notice shall be expunged from the cumulative educational record by the local or regional board of education if a pupil graduates from high school, or in the case of a suspension of a pupil for which the length of the suspension period is shortened or the suspension period is waived pursuant to subsection (e) of this section, such notice shall be expunged from the cumulative educational record by the local or regional board of education (1) if the pupil graduates from high school, or (2) if the administration so chooses, at the time the pupil completes the administration-specified program and meets any other conditions required by the administration pursuant to said subsection (e), whichever is earlier.

(g) On and after July 1, 2015, all suspensions pursuant to this section shall be in-school suspensions, except a local or regional board of education may authorize the administration of schools under its direction to impose an out-of-school suspension on any pupil in (1) grades three to twelve, inclusive, if, during the hearing held pursuant to subsection (a) of this section, (A) the administration determines that the pupil being suspended poses such a danger to persons or property or such a disruption of the educational process that the pupil shall be excluded from school during the period of suspension, or (B) the administration determines that an out-of-school suspension is appropriate for such pupil based on evidence of (i) previous disciplinary problems that have led to suspensions or expulsion of such pupil, and (ii) efforts by the administration to address such disciplinary problems through means other than out-of-school suspension or expulsion, including positive behavioral support strategies, or (2) grades preschool to two, inclusive, if during the hearing held pursuant to subsection (a) of this section, the administration (A) determines that an out-of-school suspension is appropriate for such pupil based on evidence that such pupil's conduct on school grounds is behavior that causes physical harm, (B) requires that such pupil receives services that are trauma-informed and developmentally appropriate and align with any behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, for such pupil upon such pupil's return to school immediately following the out-of-school suspension, and (C) considers whether to convene a planning and placement team meeting for the purposes of conducting an evaluation to determine whether such pupil may require special education or related services. An out-of-school suspension imposed under subdivision (1) of this subsection shall not exceed ten school days, and an out-of-school suspension imposed under subdivision (2) of this subsection shall not exceed five school days. An in-school suspension may be served in the school that the pupil attends, or in any school building under the jurisdiction of the local or regional board of education, as determined by such board. Nothing in this section shall limit a person's duty as a mandated reporter pursuant to section 17-101a to report suspected child abuse or neglect.

(P.A. 75-609, S. 3; P.A. 78-218, S. 164; P.A. 79-115, S. 1, 3; P.A. 83-119, S. 2, 8; P.A. 84-546, S. 24, 173; P.A. 88-317, S. 56, 107; P.A. 94-221, S. 3; P.A. 96-244, S. 18, 63; P.A. 97-247, S. 16, 27; P.A. 98-139, S. 1, 3; P.A. 07-66, S. 2; 07-122, S. 1; P.A. 08-160, S. 2; Sept. Sp. Sess. P.A. 09-6, S. 56; P.A. 10-111, S. 20; P.A. 15-96, S. 1, 2; P.A. 24-45, S. 14; P.A. 25-93, S. 39.)

History: P.A. 78-218 specified local boards of education rather than town boards, deleted reference to school districts and substituted “such principal's” for “his” in Subsec. (a); P.A. 79-115 inserted new Subsec. (b) re consideration of past disciplinary problems in determining length of suspension and relettered former Subsecs. (b) and (c) as (c) and (d); P.A. 83-119 authorized boards of education to suspend transportation services from any pupil whose conduct while waiting for or receiving transportation endangers person or property or violates published policy of the board, and changed references from “building principal” or his designee to “administration”; P.A. 84-546 made technical changes in Subsec. (a); P.A. 88-317 amended reference to Secs. 4-177 to 4-180 in Subsec. (a) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 94-221 added Subsec. (e) re inclusion of notice of suspension in the cumulative educational record; P.A. 96-244 amended Subsec. (a) to add provisions relating to where the conduct took place and establishing distinct criteria for suspension for conduct on school grounds or at a school sponsored activity and off school grounds, effective July 1, 1996; P.A. 97-247 amended Subsec. (e) to eliminate a requirement to expunge the notice if a pupil is not expelled or suspended again during the two-year period commencing on the date of his return to school from the suspension, effective July 1, 1997; P.A. 98-139 amended Subsec. (a) to add criteria for consideration in determining whether conduct is seriously disruptive of the educational process, effective June 4, 1998; P.A. 07-66 added new subsection, designated as Subsec. (g), re requirement that suspensions be in-school, effective July 1, 2008, P.A. 07-122 made technical changes in Subsec. (c), added new Subsec. (e) re program for first time suspensions, redesignated existing Subsec. (e) as Subsec. (f) and added provision therein re shortened or waived suspension period, effective July 1, 2007; P.A. 08-160 amended Subsec. (g) to apply provisions to suspensions occurring on and after July 1, 2009, and to specify in-school suspensions may be served in any school building under board's jurisdiction, effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (g) to apply provisions to suspensions occurring on and after July 1, 2010, effective October 5, 2009; P.A. 10-111 amended Subsec. (g) by designating existing provision re determination of danger or disruption as Subdiv. (1) and adding Subdiv. (2) re determination by administration of appropriateness of out-of-school suspension based on certain evidence, effective May 26, 2010; P.A. 15-96 amended Subsec. (a) by replacing references to “any pupil” with references to “a pupil” and amended Subsec. (g) by applying provisions to suspensions occurring on and after July 1, 2015, adding exception re authorization of out-of-school suspensions, designating existing provision re out-of-school suspensions as Subdiv. (1) and making that provision applicable to pupils in grades 3 to 12, redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), redesignating existing Subparas. (A) and (B) as clauses (i) and (ii), adding new Subdiv. (2) re out-of-school suspensions for pupils in grades preschool to 2, adding provision re duty as mandated reporter, and making conforming changes, effective July 1, 2015; P.A. 24-45 amended Subsec. (g) by designating existing provision in Subdiv. (2) re appropriateness of out-of-school suspensions as Subpara. (A) and amending same to replace “of a violent or sexual nature that endangers persons” with “behavior that causes physical harm” and adding Subparas. (B) and (C) re pupils to receive services and consideration whether to convene planning and placement team meeting, and adding provision re out-of-school suspensions under Subsec. (g)(1) not to exceed 10 schools days and out-of-school suspensions under Subsec. (g)(2) not to exceed 5 school days, effective July 1, 2024; P.A. 25-93 amended Subsec. (a) by adding provisions re determinations whether pupil is a homeless child or youth and consideration of impact of homelessness on the behavior of the pupil at hearing, effective July 1, 2025.

Sec. 10-233d. Expulsion of pupils. (a)(1) Any local or regional board of education, at a meeting at which three or more members of such board are present, or the impartial hearing board established pursuant to subsection (b) of this section, may expel, subject to the provisions of this subsection, any pupil in grades three to twelve, inclusive, whose conduct on school grounds or at a school-sponsored activity is violative of a publicized policy of such board and is seriously disruptive of the educational process or endangers persons or property or whose conduct off school grounds is violative of such policy and is seriously disruptive of the educational process, provided a majority of the board members sitting in the expulsion hearing vote to expel and that at least three affirmative votes for expulsion are cast. In making a determination as to whether conduct is seriously disruptive of the educational process, the board of education or impartial hearing board may consider, but such consideration shall not be limited to: (A) Whether the incident occurred within close proximity of a school; (B) whether other students from the school were involved or whether there was any gang involvement; (C) whether the conduct involved violence, threats of violence or the unlawful use of a weapon, as defined in section 29-38, and whether any injuries occurred; and (D) whether the conduct involved the use of alcohol.

(2) Expulsion proceedings pursuant to this section, except as provided in subsection (i) of this section, shall be required for any pupil in grades kindergarten to twelve, inclusive, whenever there is reason to believe that any pupil (A) on school grounds or at a school-sponsored activity, was in possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, (B) off school grounds, did possess such a firearm in violation of section 29-35 or did possess and use such a firearm, instrument or weapon in the commission of a crime under chapter 952, or (C) on or off school grounds, offered for sale or distribution a controlled substance, as defined in section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with intent to sell or dispense, offering, or administering is subject to criminal penalties under sections 21a-277 and 21a-278. Such a pupil shall be expelled for one calendar year if the local or regional board of education or impartial hearing board finds that the pupil did so possess or so possess and use, as appropriate, such a firearm, instrument or weapon or did so offer for sale or distribution such a controlled substance, provided the board of education or the hearing board may modify the period of expulsion for a pupil on a case-by-case basis, and as provided for in subdivision (2) of subsection (c) of this section.

(3) Unless an emergency exists, no pupil shall be expelled without a formal hearing held pursuant to sections 4-176e to 4-180a, inclusive, and section 4-181a, provided whenever such pupil is a minor, the notice required by section 4-177 and section 4-180 shall also be given to the parent or guardian of the pupil at least five business days before such hearing, not including the day of such hearing. If an emergency exists, such hearing shall be held as soon after the expulsion as possible. The notice shall include information concerning the parent's or guardian's and the pupil's legal rights and concerning legal services provided free of charge or at a reduced rate that are available locally and how to access such services. An attorney or other advocate may represent any pupil subject to expulsion proceedings. The parent or guardian of the pupil shall have the right to have the expulsion hearing postponed for up to one week to allow time to obtain representation, except that if an emergency exists, such hearing shall be held as soon after the expulsion as possible.

(4) (A) Prior to conducting an expulsion hearing as required by this subsection, an administrator, school counselor or school social worker at the school in which the pupil is enrolled shall contact the local homeless education liaison designated by the local or regional board of education for the school district, pursuant to Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time, to make a determination whether such pupil is a homeless child or youth, as defined in 42 USC 11343a, as amended from time to time. If it is determined that such pupil is a homeless child or youth, the local or regional board of education, or the impartial hearing board established pursuant to subsection (b) of this section, shall consider the impact of homelessness on the behavior of the pupil during the hearing. No such pupil may be expelled without a plan of interventions and supports to mitigate the impact of homelessness on the behavior of the student.

(B) Any pupil who is determined to be a homeless child or youth and has been expelled for a second time shall be provided a meeting with the local homeless education liaison by the local or regional board of education.

(b) For purposes of conducting expulsion hearings as required by subsection (a) of this section, any local or regional board of education or any two or more of such boards in cooperation may establish an impartial hearing board of one or more persons. No member of any such board or boards shall be a member of the hearing board. The hearing board shall have the authority to conduct the expulsion hearing and render a final decision in accordance with the provisions of sections 4-176e to 4-180a, inclusive, and section 4-181a.

(c) (1) In determining the length of an expulsion and the nature of the alternative educational opportunity to be offered under subsection (d) of this section, the local or regional board of education, or the impartial hearing board established pursuant to subsection (b) of this section, may receive and consider evidence of past disciplinary problems that have led to removal from a classroom, suspension or expulsion of such pupil.

(2) For any pupil expelled for the first time pursuant to this section and who has never been suspended pursuant to section 10-233c, except for a pupil who has been expelled based on possession of a firearm or deadly weapon as described in subsection (a) of this section, the local or regional board of education may shorten the length of or waive the expulsion period if the pupil successfully completes a board-specified program and meets any other conditions required by the board. Such board-specified program shall not require the pupil or the parent or guardian of the pupil to pay for participation in the program.

(d) No local or regional board of education is required to offer an alternative educational opportunity, except in accordance with this section. Any pupil under sixteen years of age who is expelled shall be offered an alternative educational opportunity, which shall be (1) alternative education, as defined by section 10-74j, with an individualized learning plan, if such board provides such alternative education, or (2) in accordance with the standards adopted by the State Board of Education, pursuant to section 10-233o, during the period of expulsion, provided any parent or guardian of such pupil who does not choose to have such parent's or guardian's child enrolled in an alternative educational opportunity shall not be subject to the provisions of section 10-184. Any pupil expelled for the first time who is between the ages of sixteen and eighteen and who wishes to continue such pupil's education shall be offered such an alternative educational opportunity if such pupil complies with conditions established by such pupil's local or regional board of education. Such alternative educational opportunity may include, but shall not be limited to, the placement of a pupil who is at least seventeen years of age in an adult education program pursuant to section 10-69. Any pupil participating in any such adult education program during a period of expulsion shall not be required to withdraw from school under section 10-184. A local or regional board of education shall count the expulsion of a pupil when the pupil was under sixteen years of age for purposes of determining whether an alternative educational opportunity is required for such pupil when such pupil is between the ages of sixteen and eighteen. A local or regional board of education may offer an alternative educational opportunity to a pupil for whom such alternative educational opportunity is not required pursuant to this section.

(e) If a pupil is expelled pursuant to this section for possession of a firearm, as defined in 18 USC 921, as amended from time to time, or deadly weapon, dangerous instrument or martial arts weapon, as defined in section 53a-3, the board of education shall report the violation to the local police department or in the case of a student enrolled in a technical education and career school to the state police. If a pupil is expelled pursuant to this section for the sale or distribution of a controlled substance, as defined in section 21a-240, whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is subject to criminal penalties under sections 21a-277 and 21a-278, the board of education shall refer the pupil to an appropriate state or local agency for rehabilitation, intervention or job training, or any combination thereof, and inform the agency of its action.

(f) Whenever a pupil is expelled pursuant to the provisions of this section, notice of the expulsion and the conduct for which the pupil was expelled shall be included on the pupil's cumulative educational record. Such notice, except for notice of an expulsion of a pupil in grades nine to twelve, inclusive, based on possession of a firearm or deadly weapon as described in subsection (a) of this section, (1) shall be expunged from the cumulative educational record by the local or regional board of education if a pupil graduates from high school, or (2) may be expunged from the cumulative educational record by the local or regional board of education before a pupil graduates from high school if (A) in the case of a pupil for which the length of the expulsion period is shortened or the expulsion period is waived pursuant to subdivision (2) of subsection (c) of this section, such board determines that an expungement is warranted at the time such pupil completes the board-specified program and meets any other conditions required by such board pursuant to subdivision (2) of subsection (c) of this section, or (B) such pupil has demonstrated to such board that the conduct and behavior of such pupil in the years following such expulsion warrants an expungement. A local or regional board of education, in determining whether to expunge such notice under subparagraph (B) of this subdivision, may receive and consider evidence of any subsequent disciplinary problems that have led to removal from a classroom, suspension or expulsion of such pupil.

(g) A local or regional board of education may adopt the decision of a pupil expulsion hearing conducted by another school district provided such local or regional board of education or impartial hearing board shall hold a hearing pursuant to the provisions of subsection (a) of this section which shall be limited to a determination of whether the conduct which was the basis for the expulsion would also warrant expulsion under the policies of such board. The pupil shall be excluded from school pending such hearing. The excluded student shall be offered an alternative educational opportunity in accordance with the provisions of subsections (d) and (e) of this section.

(h) Whenever a pupil against whom an expulsion hearing is pending withdraws from school after notification of such hearing but before the hearing is completed and a decision rendered pursuant to this section, (1) notice of the pending expulsion hearing shall be included on the pupil's cumulative educational record, and (2) the local or regional board of education or impartial hearing board shall complete the expulsion hearing and render a decision. If such pupil enrolls in school in another school district, such pupil shall not be excluded from school in the other district pending completion of the expulsion hearing pursuant to this subsection unless an emergency exists, provided nothing in this subsection shall limit the authority of the local or regional board of education for such district to suspend the pupil or to conduct its own expulsion hearing in accordance with this section.

(i) Prior to conducting an expulsion hearing for a child requiring special education and related services described in subparagraph (A) of subdivision (5) of section 10-76a, a planning and placement team shall convene to determine whether the misconduct was caused by the child's disability. If it is determined that the misconduct was caused by the child's disability, the child shall not be expelled. The planning and placement team shall reevaluate the child for the purpose of modifying the child's individualized education program to address the misconduct and to ensure the safety of other children and staff in the school. If it is determined that the misconduct was not caused by the child's disability, the child may be expelled in accordance with the provisions of this section applicable to children who do not require special education and related services. Notwithstanding the provisions of subsections (d) and (e) of this section, whenever a child requiring such special education and related services is expelled, an alternative educational opportunity, consistent with such child's educational needs shall be provided during the period of expulsion.

(j) An expelled pupil may apply for early readmission to school. Except as provided in this subsection, such readmission shall be at the discretion of the local or regional board of education. The board of education may delegate authority for readmission decisions to the superintendent of schools for the school district. If the board delegates such authority, readmission shall be at the discretion of the superintendent. Readmission decisions shall not be subject to appeal to Superior Court. The board or superintendent, as appropriate, may condition such readmission on specified criteria.

(k) Local and regional boards of education shall submit to the Commissioner of Education such information on expulsions for the possession of weapons as required for purposes of the Gun-Free Schools Act of 1994, 20 USC 8921 et seq., as amended from time to time.

(l) (1) Any student who commits an expellable offense and is subsequently placed in a juvenile residential center or any other residential placement for such offense may be expelled by a local or regional board of education in accordance with the provisions of this section. The period of expulsion shall run concurrently with the period of placement in a juvenile residential center or other residential placement.

(2) If a student who committed an expellable offense seeks to return to a school district after participating in a diversionary program or having been placed in a juvenile residential center or any other residential placement and such student has not been expelled by the local or regional board of education for such offense under subdivision (1) of this subsection, the local or regional board of education for the school district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.

(P.A. 75-609, S. 4; P.A. 78-218, S. 165; P.A. 79-115, S. 2, 3; 79-369, S. 1, 2; P.A. 81-215, S. 1, 3; P.A. 82-118, S. 1, 2; P.A. 83-218, S. 1, 2; 83-587, S. 70, 96; P.A. 84-546, S. 25, 173; P.A. 86-398, S. 2; P.A. 88-317, S. 57, 107; P.A. 92-37, S. 1, 2; P.A. 93-35, S. 1-3; P.A. 94-221, S. 2; P.A. 95-304, S. 5, 9; P.A. 96-146, S. 9, 12; 96-244, S. 19–21, 63; P.A. 98-139, S. 2, 3; P.A. 00-157, S. 4, 8; P.A. 07-122, S. 2; 07-217, S. 45; June Sp. Sess. P.A. 07-3, S. 49; P.A. 09-82, S. 1; P.A. 11-115, S. 3; 11-126, S. 1; P.A. 12-116, S. 87; 12-120, S. 28; P.A. 14-229, S. 1, 2; P.A. 15-96, S. 3; P.A. 16-147, S. 12; P.A. 17-220, S. 2; 17-237, S. 75, 76; P.A. 18-31, S. 12; P.A. 19-91, S. 9; P.A. 21-104, S. 7; P.A. 23-79, S. 5; P.A. 24-93, S. 12; P.A. 25-21, S. 5; 25-93, S. 38.)

History: P.A. 78-218 substituted “local” for “town” boards of education, deleted reference to school districts and included feminine personal pronoun in Subsec. (c); P.A. 79-115 inserted new Subsec. (b) re consideration of past disciplinary problems in determining length of expulsion and alternative educational opportunity to be offered and relettered former Subsecs. (b) and (c) as (c) and (d); P.A. 79-369 required presence of at least three members at meeting for expulsion and required majority vote, with at least three votes in favor of expulsion, for expulsion to be effected in Subsec. (a) and made technical change in Subsec. (b); P.A. 81-215 inserted new Subsec. (b) authorizing boards of education to establish impartial hearing boards for the purpose of conducting expulsion hearings, relettering remaining Subsecs. accordingly and amended Subsec. (e) to limit the mandatory provision of an alternative educational opportunity to pupils under 18 years of age, but specified that age limitation shall not apply to special education pupils; P.A. 82-118 repealed Subsec. (d) which required notification be sent to state board of education of any student against whom disciplinary action was taken, relettering Subsec. (e) accordingly, reduced age limitation on offering of alternative educational opportunities to expelled students from 18 to 16 and made offering of such programs to 16 to 18-year-olds made conditional on students' acceptance of board of education requirements in newly relettered Subsec. (d); P.A. 83-218 added Subsec. (e) limiting requirement that boards of education offer alternative educational opportunities to expelled students between the ages of 16 and 18; P.A. 83-587 made technical change in Subsec. (e); P.A. 84-546 made technical change, substituting references to pupils for references to students in Subsecs. (d) and (e); P.A. 86-398 amended Subsec. (e) by restructuring it and by not requiring boards of education to offer alternative educational opportunities to students expelled for offering controlled substances for sale or distribution and by imposing certain duties on boards of education; P.A. 88-317 amended references to Secs. 4-177 to 4-180 in Subsecs. (a) and (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 92-37 added Subsecs. (f) and (g) concerning the notice on the cumulative educational record and the adoption of the decision of another school district, respectively; P.A. 93-35 amended Subsec. (g) to limit the scope of the hearing and added Subsec. (h) concerning procedure when pupil who faces expulsion hearing withdraws from school, effective July 1, 1993; P.A. 94-221 amended Subsec. (a) to provide for mandatory expulsion proceedings whenever there is reason to believe that a pupil was in possession of a weapon on school grounds and to provide for mandatory expulsion if it is determined as a result of the proceedings that the pupil did so possess the weapon and expanded Subsec. (e)(1) to include firearms and deadly weapons, to apply the provisions to school-sponsored activities and to provide for the referral to a planning and placement team of special education students; P.A. 95-304 amended Subsec. (a) to provide for expulsions for conduct off school grounds, to change the provisions concerning possession of a weapon and to provide for case by case modification of the period of expulsion, amended Subsec. (d) to limit the requirement for the provision of an alternative educational opportunity for pupils between 16 and 18 years of age to such pupils “expelled for the first time”, to add provision on the counting of expulsions prior to 16 years of age, to remove language concerning special education students and language specifying that an alternative educational placement may include placement in a regular classroom program in another school and to add language on placement in an adult education program, amended Subsec. (e) to add requirement for report to the police in specified cases, to delete requirement for the board to report to the Commissioner of Education referrals based on the sale or distribution of controlled substances and to delete provisions concerning special education students, amended Subsec. (f) to add exception for possession of a firearm or deadly weapon, added Subsec. (i) re special education students and Subsec. (j) re information on expulsions for the possession of weapons and made technical corrections, effective July 1, 1995; P.A. 96-146 made technical change in Subsec. (i), effective July 1, 1996; P.A. 96-244 amended Subsec. (a) to rewrite the criteria for expulsion for conduct based on where the conduct took place, to insert Subdiv. and Subpara. designations, to make the existing language Subpara. (A) and to apply it to conduct on school grounds or at a school sponsored activity, in Subpara. (A) to delete requirement that the possession be in violation of Secs. 29-35 or 53a-3, to add the cite to federal law for the definition of “firearm”, to add “dangerous instrument or martial arts weapon”, to add Subpara. (B) re conduct off school grounds and Subpara. (C) re controlled substances, amended Subsec. (e) to apply the federal definition for “firearm”, to add “martial arts weapon” and to make technical changes and amended Subsec. (f) to delete provision requiring removal of the notice of expulsion from the cumulative record if the pupil is not expelled again or suspended one or more times during the 2-year period commencing on the date of return to school from the expulsion, effective July 1, 1996; P.A. 98-139 amended Subsec. (a)(1) to add criteria for consideration in determining whether conduct is seriously disruptive of the educational process, added new Subsec. (j) re readmission and redesignated existing Subsec. (j) as Subsec. (k), effective June 4, 1998 (Revisor's note: In Subsec. (a)(1)(D) the word “in” in the phrase “whether the conduct involved in the use of alcohol” was deleted editorially by the Revisors for grammatical accuracy); P.A. 00-157 amended Subsec. (d) to specify that boards of education are only required to offer an alternative educational opportunity in accordance with this section, effective July 1, 2001; P.A. 07-122 made a technical change in Subsec. (a)(2), amended Subsec. (c) to designate existing language as Subdiv. (1) and add Subdiv. (2) re program for first time expulsions, and amended Subsec. (f) to designate existing language as Subdiv. (1), make a technical change therein and add Subdiv. (2) re shortened or waived expulsion period, effective July 1, 2007; P.A. 07-217 made a technical change in Subsec. (c), effective July 12, 2007; June Sp. Sess. P.A. 07-3 amended Subsec. (a)(3) to add language re legal services information, effective July 1, 2007; P.A. 09-82 made a technical change in Subsecs. (f)(2) and (h) and added Subsec. (l) re prohibition against expulsion of students who return to school district after serving in a residential placement, effective July 1, 2009; P.A. 11-115 amended Subsec. (l) by designating existing provisions as Subdiv. (2) and amending same to delete “for one year or more, the” and add language re student who has not been expelled by board of education, and by adding Subdiv. (1) re expulsion of student to run concurrently with period of commitment, effective July 1, 2011; P.A. 11-126 amended Subsec. (d) by adding provision re pupils participating in adult education program during period of expulsion shall not be required to withdraw from school and making technical changes, effective July 1, 2011; pursuant to P.A. 12-116, “regional vocational-technical school” was changed editorially by the Revisors to “technical high school” in Subsec. (e), effective July 1, 2012; P.A. 12-120 amended Subsec. (d) by replacing “sixteen” with “seventeen” re placement of pupil in adult education program, effective June 15, 2012; P.A. 14-229 amended Subsec. (c) by making a technical change in Subdiv. (1) and adding provision re exception for a pupil who has been expelled based on possession of a firearm or deadly weapon in Subdiv. (2), and amended Subsec. (f) by deleting existing Subdiv. (1) designator, making exception re expulsion based on possession of firearm or deadly weapon applicable to only pupils in grades nine to twelve, designating existing provision re expungement if pupil graduates from high school as new Subdiv. (1), adding new Subdiv. (2) re expungement before a pupil graduates from high school and deleting former Subdiv. (2), effective July 1, 2014; P.A. 15-96 amended Subsec. (a) by making provisions of Subdiv. (1) applicable to pupils in grades 3 to 12, making provisions of Subdiv. (2) applicable to pupils in grades kindergarten to 12 and making a technical change, effective July 1, 2015; P.A. 16-147 amended Subsec. (a)(3) by adding provision re notice to be given at least 5 business days before hearing and to include information re legal rights and adding provision re representation of pupil and right to postpone hearing in order to obtain representation, amended Subsec. (d) by deleting provision notwithstanding Sec. 10-220(a), by adding provision equating alternative educational opportunity with alternative education with an individualized learning plan, amended Subsec. (e) by deleting provisions re boards of education not required to provide alternative educational opportunity to pupils between ages of 16 and 18 who are expelled for certain conduct endangering persons and by adding references to definition of firearm and references to dangerous instrument and martial arts weapon and by adding provision re controlled substance, amended Subsec. (l)(2) by adding provision re diversionary program, and made technical and conforming changes, effective August 15, 2017; P.A. 17-220 amended Subsec. (d) by adding “No local or regional board of education is required to offer an alternative educational opportunity, except in accordance with this section.”, deleting “equivalent to”, designating existing provision re alternative education as Subdiv. (1) and amending same by adding “if such board provides such alternative education”, adding Subdiv. (2) re standards adopted by State Board of Education, replacing “program” with “opportunity”, and making technical and conforming changes, effective August 15, 2017; P.A. 17-237 amended Subsec. (e) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 18-31 amended Subsec. (l) to replace reference to commitment with reference to placement in Subdiv. (1), to replace “detained” with “placed” in Subdiv. (2), and to delete references to the Connecticut Juvenile Training School, effective July 1, 2018; P.A. 19-91 amended Subsec. (a)(1) by replacing “or” with “and” in provision re expulsion of pupil whose conduct is violative of publicized policy of board and is seriously disruptive of educational process, effective July 1, 2019; P.A. 21-104 amended Subsec. (l) to replace “detention” with “residential”, effective January 1, 2022; P.A. 23-79 made technical and conforming changes in Subsecs. (a)(2)(C), (d) and (e), effective July 1, 2023; P.A. 24-93 amended Subsec. (a)(3) by adding “, not including the day of such hearing”, effective July 1, 2024; P.A. 25-21 made a technical change in Subsec. (a)(3), effective July 1, 2025; P.A. 25-93 amended Subsec. (a) by adding Subdiv. (4) re determinations whether pupil is a homeless child or youth and meetings with local homeless education liaison, effective July 1, 2025.

Sec. 10-239e. Use of scholarships. Eligibility of schools. (a) The demonstration board shall authorize the parents or legal guardian of scholarship recipients to use the demonstration scholarships at any public or private school in which the scholarship recipient is enrolled provided such public or private school: (1) Meets all educational, fiscal, health and safety standards required by law, (2) does not discriminate against the admission of students and the hiring of teachers on the basis of race, color or economic status and has filed a certificate with the State Board of Education that the school is in compliance with Title VI of the Civil Rights Act of 1964, (3) in no case levies or requires any tuition, fee or charge above the value of the education scholarship, (4) is free from sectarian control or influence except as provided in subsection (b) of this section, (5) provides public access to all financial and administrative records and provides to the parent or guardian of each eligible child in the demonstration area comprehensive information, in written form, on the courses of study offered, curriculum, materials and textbooks, the qualifications of teachers, administrators and paraeducators, the minimum school day, the salary schedules, financial reports of money spent per pupil and such other information as may be required by the demonstration board, (6) provides periodic reports to the parents or legal guardians on the average progress of the pupils enrolled, and (7) meets any additional requirements established for all participating schools by the demonstration board.

(b) In compliance with the constitutional guarantee of free exercise of religion, schools may be exempted from subdivision (4) of subsection (a) of this section if they meet all other requirements for eligibility.

(1972, P.A. 122, S. 5, 6; P.A. 24-41, S. 35; P.A. 25-21, S. 6.)

History: P.A. 24-41 amended Subsec. (a) by replacing “paraprofessionals” with “paraeducators” and making a technical change, effective July 1, 2024; P.A. 25-21 made a technical change in Subsec. (a)(6), effective July 1, 2025.