Connecticut 2019 Regular Session

Connecticut House Bill HB07215 Latest Draft

Bill / Chaptered Version Filed 06/25/2019

                             
 
 
Substitute House Bill No. 7215 
 
Public Act No. 19-166 
 
 
AN ACT CONCERNING SC HOOL CLIMATES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) (a) There is established a 
social and emotional learning and school climate advisory 
collaborative. The collaborative shall (1) collect information concerning 
the school climate improvement efforts of local and regional boards of 
education, (2) document any needs articulated by local and regional 
boards of education for technical assistance and training relating to 
fostering positive school climates, (3) identify best practices for 
promoting positive school climates, (4) direct resources to support 
state-wide and local initiatives on issues relating to fostering and 
improving positive school climates and improving access to social and 
emotional learning in schools, (5) develop an assessment for screening 
students in grades three to twelve, inclusive, to determine whether 
such students are at risk for suicide, (6) develop a biennial state-wide 
school climate survey, as described in subsection (c) of section 2 of this 
act, (7) develop a model positive school climate policy, as described in 
subsection (a) of section 2 of this act, (8) develop a plain language 
explanation of the rights and remedies available under sections 10-4a 
and 10-4b of the general statutes for distribution to parents and 
guardians pursuant to subdivision (2) of subsection (c) of section 10- Substitute House Bill No. 7215 
 
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222d of the general statutes, as amended by this act, and provide such 
explanation to each local and regional board of education not later 
than January 1, 2021, and (9) perform other functions concerning social 
and emotional learning and fostering positive school climates. 
(b) The collaborative shall consist of the following members: 
(1) Five appointed by the speaker of the House of Representatives, 
one of whom is a member of the Juvenile Justice Policy and Oversight 
Committee, established pursuant to section 46b-121n of the general 
statutes; one of whom is a representative of the Connecticut 
Association of Boards of Education; one of whom is a school 
administrator with experience in district-level, equity-focused and 
cross-disciplinary social and emotional learning; one of whom is a 
representative of an organization that provides free or reduced-cost 
legal services; and one of whom is a representative of Connecticut 
Parent Power; 
(2) Five appointed by the president pro tempore of the Senate, one 
of whom is a representative of the Connecticut Association of Schools; 
one of whom is a representative of the Connecticut Association of 
School Administrators; one of whom is a representative of the Social 
Emotional Learning Alliance for Connecticut; one of whom is a 
representative of the Connecticut School Counselor Association; and 
one of whom is a representative of the Connecticut Association of 
Public School Superintendents; 
(3) Three appointed by the majority leader of the House of 
Representatives, one of whom is a representative of Special Education 
Equity for Kids of Connecticut; one of whom is a representative of the 
Connecticut Parent Advocacy Center; and one of whom is a 
representative of African Caribbean American Parents of Children 
with Disabilities, Inc.;  Substitute House Bill No. 7215 
 
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(4) Three appointed by the majority leader of the Senate, one of 
whom is a representative of the Center for Children's Advocacy; one of 
whom is a representative of the Yale Center for Emotional Intelligence; 
and one of whom is a representative of the Neag School of Education 
at The University of Connecticut; 
(5) Three appointed by the minority leader of the House of 
Representatives, one of whom is a representative of the American 
Federation of Teachers-Connecticut; one of whom is a representative of 
the Center for Social and Emotional Learning at Central Connecticut 
State University; and one of whom is a representative of the 
Connecticut Parent Teacher Association; 
(6) Three appointed by the minority leader of the Senate, one of 
whom is a representative of the Connecticut Education Association; 
one of whom is a representative of the National Alliance on Mental 
Illness, Connecticut; and one of whom is a representative of the Youth 
Suicide Advisory Board established pursuant to section 17a-52 of the 
general statutes; 
(7) The Commissioner of Education, or the commissioner's designee; 
(8) The chairpersons and ranking members of the joint standing 
committees of the General Assembly having cognizance of matters 
relating to children and education; 
(9) The Child Advocate, or the Child Advocate's designee; and 
(10) The executive director of the Commission on Women, Children 
and Seniors, or the executive director's designee. 
(c) All appointments to the collaborative shall be made not later 
than thirty days after the effective date of this section. Any vacancy 
shall be filled by the appointing authority.  Substitute House Bill No. 7215 
 
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(d) The cochairpersons of the collaborative shall be the executive 
director of the Commission on Women, Children and Seniors, or the 
executive director's designee, and a cochairperson elected from among 
the members. The first meeting of the collaborative shall be held not 
later than sixty days after the effective date of this section. 
(e) The collaborative may designate subcommittees and advisory 
groups to carry out its functions, provided any subcommittees so 
designated shall be comprised of members of the collaborative. 
(f) The staff of the Commission on Women, Children and Seniors 
shall serve as administrative staff of the collaborative. 
(g) Not later than January 1, 2021, and annually thereafter, the 
collaborative shall submit a report concerning (1) its efforts to (A) 
monitor the school climate improvement efforts of local and regional 
boards of education, (B) document needs articulated by local and 
regional boards of education for technical assistance and training 
relating to fostering positive school climates, (C) identify best practices 
for promoting positive school climates, and (D) direct resources to 
support state-wide and local initiatives on issues relating to fostering 
and improving positive school climates and improving access to social 
and emotional learning, and (2) any recommendations, to the joint 
standing committees of the General Assembly having cognizance of 
matters relating to children and education, in accordance with the 
provisions of section 11-4a of the general statutes. 
Sec. 2. (Effective from passage) (a) Not later than January 1, 2020, the 
social and emotional learning and school climate advisory 
collaborative established pursuant to section 1 of this act shall develop 
a model positive school climate policy. In developing such model 
policy, the collaborative may review safe school climate plans 
developed and implemented by local and regional boards of education 
pursuant to section 10-222d of the general statutes, as amended by this  Substitute House Bill No. 7215 
 
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act. 
(b) Not later than July 1, 2020, the social and emotional learning and 
school climate advisory collaborative established pursuant to section 1 
of this act shall submit the assessment it developed pursuant to section 
1 of this act for screening students at risk for suicide and 
recommendations for implementation of such assessment in public 
elementary, middle and high schools to the joint standing committees 
of the General Assembly having cognizance of matters relating to 
children and education, in accordance with the provisions of section 
11-4a of the general statutes. 
(c) Not later than July 1, 2021, the social and emotional learning and 
school climate advisory collaborative established pursuant to section 1 
of this act shall develop a biennial state-wide school climate survey 
and provide such survey to the Department of Education. Such survey 
shall be designed to obtain confidential information from school 
employees and the parents and guardians of students concerning such 
employees' and parents' and guardians' impressions of the school 
climate at the school for which such school employees are assigned or 
such parents' and guardians' children are enrolled. Such survey shall 
inquire as to, but need not be limited to, such school employees' and 
parents' and guardians' impressions of (1) the student learning 
environment at the school, including academic supports and resources 
available to students and school safety, (2) communication by school 
employees to parents and guardians concerning students, (3) the 
teaching environment at the school, which includes resources, support 
and professional development for school employees, leadership within 
the school and the availability of collaborative planning time, (4) 
whether a positive school climate exists at the school, (5) whether 
individuals of all races, ethnicities and cultural backgrounds feel 
welcomed at the school, and (6) the availability of supports and 
strategies for the development and retention of teachers and  Substitute House Bill No. 7215 
 
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administrators, including, but not limited to, minority teachers and 
administrators, school psychologists and school counselors, and 
suggestions for increasing the availability of such supports and 
strategies. 
(d) Not later than August 1, 2021, the Department of Education shall 
publish the model positive school climate policy developed pursuant 
to subsection (a) of this section and the biennial state-wide school 
climate survey developed pursuant to subsection (c) of this section on 
the Internet web site of the department. 
Sec. 3. Section 10-222d of the general statutes is repealed and the 
following is substituted in lieu thereof (Effective July 1, 2021): 
(a) As used in this section, sections 10-222g to 10-222i, inclusive, 
[and] section 10-222k and sections 1 and 2 of this act: 
(1) "Bullying" means [(A) the repeated use by one or more students 
of a written, oral or electronic communication, such as cyberbullying, 
directed at or referring to another student attending school in the same 
school district, or (B) a physical act or gesture by one or more students 
repeatedly directed at another student attending school in the same 
school district, that: (i) Causes physical or emotional harm to such 
student or damage to such student's property, (ii) places such student 
in reasonable fear of harm to himself or herself, or of damage to his or 
her property, (iii) creates a hostile environment at school for such 
student, (iv) infringes on the rights of such student at school, or (v) 
substantially disrupts the education process or the orderly operation of 
a school] an act that is direct or indirect and severe, persistent or 
pervasive, which (A) causes physical or emotional harm to an 
individual, (B) places an individual in reasonable fear of physical or 
emotional harm, or (C) infringes on the rights or opportunities of an 
individual at school. "Bullying" shall include, but need not be limited 
to, a written, oral or electronic communication or physical act or  Substitute House Bill No. 7215 
 
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gesture based on any actual or perceived differentiating characteristic, 
such as race, color, religion, ancestry, national origin, gender, sexual 
orientation, gender identity or expression, socioeconomic status, 
academic status, physical appearance, or mental, physical, 
developmental or sensory disability, or by association with an 
individual or group who has or is perceived to have one or more of 
such characteristics; 
(2) "Cyberbullying" means any act of bullying through the use of the 
Internet, interactive and digital technologies, cellular mobile telephone 
or other mobile electronic devices or any electronic communications; 
(3) "Teen dating violence" means any act of physical, emotional or 
sexual abuse, including stalking, harassing and threatening, that 
occurs between two students who are currently in or who have 
recently been in a dating relationship; 
(4) "Mobile electronic device" means any hand-held or other 
portable electronic equipment capable of providing data 
communication between two or more individuals, including, but not 
limited to, a text messaging device, a paging device, a personal digital 
assistant, a laptop computer, equipment that is capable of playing a 
video game or a digital video disk, or equipment on which digital 
images are taken or transmitted; 
(5) "Electronic communication" means any transfer of signs, signals, 
writing, images, sounds, data or intelligence of any nature transmitted 
in whole or in part by a wire, radio, electromagnetic, photoelectronic 
or photo-optical system; 
(6) "Hostile environment" means a situation in which bullying 
among students is sufficiently severe or pervasive to alter the 
conditions of the school climate; 
(7) "Outside of the school setting" means at a location, activity or  Substitute House Bill No. 7215 
 
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program that is not school related, or through the use of an electronic 
device or a mobile electronic device that is not owned, leased or used 
by a local or regional board of education; 
(8) "School employee" means (A) a teacher, substitute teacher, 
school administrator, school superintendent, guidance counselor, 
school counselor, psychologist, social worker, nurse, physician, school 
paraprofessional or coach employed by a local or regional board of 
education or working in a public elementary, middle or high school; or 
(B) any other individual who, in the performance of his or her duties, 
has regular contact with students and who provides services to or on 
behalf of students enrolled in a public elementary, middle or high 
school, pursuant to a contract with the local or regional board of 
education; [and] 
(9) "School climate" means the quality and character of school life 
[with a particular focus on the quality of the relationships within the 
school community between and among students and adults.] based on 
patterns of students', parents' and guardians' and school employees' 
experiences of school life, including, but not limited to, norms, goals, 
values, interpersonal relationships, teaching and learning practices and 
organizational structures; 
(10) "Positive school climate" means a school climate in which (A) 
the norms, values, expectations and beliefs that support feelings of 
social, emotional and physical safety are promoted, (B) students, 
parents and guardians of students and school employees feel engaged 
and respected and work together to develop and contribute to a shared 
school vision, (C) educators model and nurture attitudes that 
emphasize the benefits and satisfaction gained from learning, and (D) 
each person feels comfortable contributing to the operation of the 
school and care of the physical environment of the school; 
(11) "Emotional intelligence" means the ability to (A) perceive,  Substitute House Bill No. 7215 
 
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recognize and understand emotions in oneself or others, (B) use 
emotions to facilitate cognitive activities, including, but not limited to, 
reasoning, problem solving and interpersonal communication, (C) 
understand and identify emotions, and (D) manage emotions in 
oneself and others; and 
(12) "Social and emotional learning" means the process through 
which children and adults achieve emotional intelligence through the 
competencies of self-awareness, self-management, social awareness, 
relationship skills and responsible decision-making. 
(b) Each local and regional board of education shall develop and 
implement a safe school climate plan to address the existence of 
bullying and teen dating violence in its schools. Such plan shall: (1) 
Enable students to anonymously report acts of bullying to school 
employees and require students and the parents or guardians of 
students to be notified at the beginning of each school year of the 
process by which students may make such reports, (2) enable the 
parents or guardians of students to file written reports of suspected 
bullying, (3) require school employees who witness acts of bullying or 
receive reports of bullying to orally notify the safe school climate 
specialist, described in section 10-222k, or another school administrator 
if the safe school climate specialist is unavailable, not later than one 
school day after such school employee witnesses or receives a report of 
bullying, and to file a written report not later than two school days 
after making such oral report, (4) require the safe school climate 
specialist to investigate or supervise the investigation of all reports of 
bullying and ensure that such investigation is completed promptly 
after receipt of any written reports made under this section and that 
the parents or guardians of the student alleged to have committed an 
act or acts of bullying and the parents or guardians of the student 
against whom such alleged act or acts were directed receive prompt 
notice that such investigation has commenced, (5) require the safe  Substitute House Bill No. 7215 
 
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school climate specialist to review any anonymous reports, except that 
no disciplinary action shall be taken solely on the basis of an 
anonymous report, (6) include a prevention and intervention strategy, 
as defined by section 10-222g, for school employees to deal with 
bullying and teen dating violence, (7) provide for the inclusion of 
language in student codes of conduct concerning bullying, (8) require 
each school to notify the parents or guardians of students who commit 
any verified acts of bullying and the parents or guardians of students 
against whom such acts were directed not later than forty-eight hours 
after the completion of the investigation described in subdivision (4) of 
this subsection (A) of the results of such investigation, and (B) verbally 
and by electronic mail, if such parents' or guardians' electronic mail 
addresses are known, that such parents or guardians may refer to the 
plain language explanation of the rights and remedies available under 
sections 10-4a and 10-4b published on the Internet web site of the local 
or regional board of education pursuant to section 4 of this act, (9) 
require each school to invite the parents or guardians of a student 
against whom such act was directed to a meeting to communicate to 
such parents or guardians the measures being taken by the school to 
ensure the safety of the student against whom such act was directed 
and policies and procedures in place to prevent further acts of 
bullying, (10) require each school to invite the parents or guardians of 
a student who commits any verified act of bullying to a meeting, 
separate and distinct from the meeting required in subdivision (9) of 
this subsection, to discuss specific interventions undertaken by the 
school to prevent further acts of bullying, (11) establish a procedure for 
each school to document and maintain records relating to reports and 
investigations of bullying in such school and to maintain a list of the 
number of verified acts of bullying in such school and make such list 
available for public inspection, and annually report such number to the 
Department of Education, and in such manner as prescribed by the 
Commissioner of Education, (12) direct the development of case-by-
case interventions for addressing repeated incidents of bullying  Substitute House Bill No. 7215 
 
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against a single individual or recurrently perpetrated bullying 
incidents by the same individual that may include both counseling and 
discipline, (13) prohibit discrimination and retaliation against an 
individual who reports or assists in the investigation of an act of 
bullying, (14) direct the development of student safety support plans 
for students against whom an act of bullying was directed that address 
safety measures the school will take to protect such students against 
further acts of bullying, (15) require the principal of a school, or the 
principal's designee, to notify the appropriate local law enforcement 
agency when such principal, or the principal's designee, believes that 
any acts of bullying constitute criminal conduct, (16) prohibit bullying 
(A) on school grounds, at a school-sponsored or school-related activity, 
function or program whether on or off school grounds, at a school bus 
stop, on a school bus or other vehicle owned, leased or used by a local 
or regional board of education, or through the use of an electronic 
device or an electronic mobile device owned, leased or used by the 
local or regional board of education, and (B) outside of the school 
setting if such bullying (i) creates a hostile environment at school for 
the student against whom such bullying was directed, or (ii) infringes 
on the rights of the student against whom such bullying was directed 
at school, or (iii) substantially disrupts the education process or the 
orderly operation of a school, (17) require, at the beginning of each 
school year, each school to provide all school employees with a written 
or electronic copy of the school district's safe school climate plan, and 
(18) require that all school employees annually complete the training 
described in section 10-220a or section 10-222j. The notification 
required pursuant to subdivision (8) of this subsection and the 
invitation required pursuant to subdivision (9) of this subsection shall 
include a description of the response of school employees to such acts 
and any consequences that may result from the commission of further 
acts of bullying. 
(c) Not later than September 1, 2014, each local and regional board  Substitute House Bill No. 7215 
 
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of education that has not had a safe school climate plan, developed 
pursuant to this section, previously reviewed and approved by the 
Department of Education shall submit a safe school climate plan to the 
department for review and approval in accordance with the provisions 
of section 10-222p. Not later than thirty calendar days after approval 
by the department of such safe school climate plan, the board shall 
make such plan available on the board's and each individual school in 
the school district's Internet web site and ensure that such plan is 
included in the school district's publication of the rules, procedures 
and standards of conduct for schools and in all student handbooks. 
(d) On and after July 1, 2012, and biennially thereafter, each local 
and regional board of education shall require each school in the district 
to complete an assessment using the school climate assessment 
instruments, including surveys, approved and disseminated by the 
Department of Education pursuant to section 10-222h. Each local and 
regional board of education shall collect the school climate assessments 
for each school in the district and submit such school climate 
assessments to the department. 
Sec. 4. (NEW) (Effective July 1, 2019) Not later than June 30, 2021, 
each local and regional board of education shall publish on the Internet 
web site of such board the plain language explanation of the rights and 
remedies available under sections 10-4a and 10-4b of the general 
statutes provided pursuant to subsection (a) of section 1 of this act. 
Sec. 5. (NEW) (Effective July 1, 2019) Each local and regional board of 
education, in consultation with the Department of Education and the 
social and emotional learning and school climate advisory 
collaborative established pursuant to section 1 of this act, shall provide 
on the Internet web site of the department training materials to school 
administrators regarding the prevention of and intervention in 
discrimination against and targeted harassment of students based on 
such students' (1) actual or perceived differentiating characteristics,  Substitute House Bill No. 7215 
 
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such as race, color, religion, ancestry, national origin, gender, sexual 
orientation, gender identity or expression, socioeconomic status, 
academic status, physical appearance or mental, physical, 
developmental or sensory disability, or (2) association with individuals 
or groups who have or are perceived to have one or more of such 
characteristics. Such training materials may be developed in 
consultation with or provided by one or more organizations offering 
training on identifying, preventing and intervening in discrimination.