| 14 | | - | Section 1. Section 10-186 of the general statutes is repealed and the |
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| 15 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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| 16 | | - | (a) Each local or regional board of education shall furnish, by |
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| 17 | | - | transportation or otherwise, school accommodations so that each child |
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| 18 | | - | five years of age and over and under twenty-one years of age who is |
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| 19 | | - | not a graduate of a high school or technical education and career |
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| 20 | | - | school may attend public school, except as provided in section 10-233c |
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| 21 | | - | and subsection (d) of section 10-233d. Any board of education which |
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| 22 | | - | denies school accommodations, including a denial based on an issue of |
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| 23 | | - | residency, to any such child shall inform the parent or guardian of |
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| 24 | | - | such child or the child, in the case of an emancipated minor, [or] a |
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| 25 | | - | pupil eighteen years of age or older or an unaccompanied youth, as |
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| 26 | | - | described in 42 USC 11434a, as amended from time to time, of his or |
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| 27 | | - | her right to request a hearing by the board of education in accordance |
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| 28 | | - | with the provisions of subdivision (1) of subsection (b) of this section. |
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| 29 | | - | A board of education which has denied school accommodations shall |
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| 30 | | - | advise the board of education under whose jurisdiction it claims such |
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| 31 | | - | child should be attending school of the denial. For purposes of this House Bill No. 7313 |
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| 25 | + | Section 1. Section 10-186 of the general statutes is repealed and the 1 |
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| 26 | + | following is substituted in lieu thereof (Effective July 1, 2019): 2 |
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| 27 | + | (a) Each local or regional board of education shall furnish, by 3 |
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| 28 | + | transportation or otherwise, school accommodations so that each child 4 |
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| 29 | + | five years of age and over and under twenty-one years of age who is 5 |
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| 30 | + | not a graduate of a high school or technical education and career 6 |
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| 31 | + | school may attend public school, except as provided in section 10-233c 7 |
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| 32 | + | and subsection (d) of section 10-233d. Any board of education which 8 |
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| 33 | + | denies school accommodations, including a denial based on an issue of 9 |
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| 34 | + | residency, to any such child shall inform the parent or guardian of 10 |
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| 35 | + | such child or the child, in the case of an emancipated minor, [or] a 11 |
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| 36 | + | pupil eighteen years of age or older or an unaccompanied youth, as 12 |
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| 37 | + | described in 42 USC 11434a, as amended from time to time, of his or 13 |
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| 38 | + | her right to request a hearing by the board of education in accordance 14 |
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| 39 | + | with the provisions of subdivision (1) of subsection (b) of this section. 15 |
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| 40 | + | A board of education which has denied school accommodations shall 16 Raised Bill No. 7313 |
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| 35 | | - | section, (1) a "parent or guardian" shall include a surrogate parent |
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| 36 | | - | appointed pursuant to section 10-94g, and (2) a child residing in a |
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| 37 | | - | dwelling located in more than one town in this state shall be |
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| 38 | | - | considered a resident of each town in which the dwelling is located |
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| 39 | | - | and may attend school in any one of such towns. For purposes of this |
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| 40 | | - | subsection, "dwelling" means a single, two or three-family house or a |
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| 41 | | - | condominium unit. |
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| 42 | | - | (b) (1) If any board of education denies such accommodations, the |
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| 43 | | - | parent or guardian of any child who is denied schooling, or an |
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| 44 | | - | emancipated minor, [or] a pupil eighteen years of age or older or an |
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| 45 | | - | unaccompanied youth who is denied schooling, or an agent or officer |
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| 46 | | - | charged with the enforcement of the laws concerning attendance at |
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| 47 | | - | school, may, in writing, request a hearing by the board of education. |
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| 48 | | - | The board of education may (A) conduct the hearing, (B) designate a |
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| 49 | | - | subcommittee of the board composed of three board members to |
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| 50 | | - | conduct the hearing, or (C) establish a local impartial hearing board of |
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| 51 | | - | one or more persons not members of the board of education to conduct |
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| 52 | | - | the hearing. The board, subcommittee or local impartial hearing board |
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| 53 | | - | shall give such person a hearing [within] not later than ten days after |
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| 54 | | - | receipt of the written request, make a stenographic record or tape |
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| 55 | | - | recording of the hearing and make a finding [within] not later than ten |
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| 56 | | - | days after the hearing. Hearings shall be conducted in accordance with |
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| 57 | | - | the provisions of sections 4-176e to 4-180a, inclusive, and section 4- |
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| 58 | | - | 181a. Any child, emancipated minor, [or] pupil eighteen years of age |
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| 59 | | - | or older or unaccompanied youth who is denied accommodations on |
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| 60 | | - | the basis of residency may continue in attendance in the school district |
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| 61 | | - | at the request of the parent or guardian of such child or emancipated |
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| 62 | | - | minor, [or] pupil eighteen years of age or older or unaccompanied |
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| 63 | | - | youth, pending a hearing pursuant to this subdivision. The party |
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| 64 | | - | claiming ineligibility for school accommodations shall have the burden |
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| 65 | | - | of proving such ineligibility by a preponderance of the evidence, |
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| 66 | | - | except in cases of denial of schooling based on residency, the party House Bill No. 7313 |
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| 43 | + | LCO 5542 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07313- |
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| 44 | + | R01-HB.docx } |
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| 45 | + | 2 of 7 |
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| 68 | | - | Public Act No. 19-179 3 of 8 |
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| 47 | + | advise the board of education under whose jurisdiction it claims such 17 |
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| 48 | + | child should be attending school of the denial. For purposes of this 18 |
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| 49 | + | section, (1) a "parent or guardian" shall include a surrogate parent 19 |
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| 50 | + | appointed pursuant to section 10-94g, and (2) a child residing in a 20 |
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| 51 | + | dwelling located in more than one town in this state shall be 21 |
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| 52 | + | considered a resident of each town in which the dwelling is located 22 |
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| 53 | + | and may attend school in any one of such towns. For purposes of this 23 |
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| 54 | + | subsection, "dwelling" means a single, two or three-family house or a 24 |
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| 55 | + | condominium unit. 25 |
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| 56 | + | (b) (1) If any board of education denies such accommodations, the 26 |
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| 57 | + | parent or guardian of any child who is denied schooling, or an 27 |
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| 58 | + | emancipated minor, [or] a pupil eighteen years of age or older or an 28 |
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| 59 | + | unaccompanied youth who is denied schooling, or an agent or officer 29 |
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| 60 | + | charged with the enforcement of the laws concerning attendance at 30 |
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| 61 | + | school, may, in writing, request a hearing by the board of education. 31 |
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| 62 | + | The board of education may (A) conduct the hearing, (B) designate a 32 |
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| 63 | + | subcommittee of the board composed of three board members to 33 |
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| 64 | + | conduct the hearing, or (C) establish a local impartial hearing board of 34 |
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| 65 | + | one or more persons not members of the board of education to conduct 35 |
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| 66 | + | the hearing. The board, subcommittee or local impartial hearing board 36 |
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| 67 | + | shall give such person a hearing [within] not later than ten days after 37 |
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| 68 | + | receipt of the written request, make a stenographic record or tape 38 |
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| 69 | + | recording of the hearing and make a finding [within] not later than ten 39 |
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| 70 | + | days after the hearing. Hearings shall be conducted in accordance with 40 |
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| 71 | + | the provisions of sections 4-176e to 4-180a, inclusive, and section 4-41 |
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| 72 | + | 181a. Any child, emancipated minor, [or] pupil eighteen years of age 42 |
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| 73 | + | or older or unaccompanied youth who is denied accommodations on 43 |
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| 74 | + | the basis of residency may continue in attendance in the school district 44 |
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| 75 | + | at the request of the parent or guardian of such child or emancipated 45 |
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| 76 | + | minor, [or] pupil eighteen years of age or older or unaccompanied 46 |
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| 77 | + | youth, pending a hearing pursuant to this subdivision. The party 47 |
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| 78 | + | claiming ineligibility for school accommodations shall have the burden 48 |
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| 79 | + | of proving such ineligibility by a preponderance of the evidence, 49 |
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| 80 | + | except in cases of denial of schooling based on residency, the party 50 Raised Bill No. 7313 |
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| 70 | | - | denied schooling shall have the burden of proving residency by a |
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| 71 | | - | preponderance of the evidence, unless the party denied schooling is |
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| 72 | | - | claiming that he or she is a homeless child or youth, as defined in 42 |
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| 73 | | - | USC 11434a, as amended from time to time, in which case, the party |
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| 74 | | - | claiming ineligibility based on residency shall have the burden of |
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| 75 | | - | proving that the party denied schooling is not a homeless child or |
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| 76 | | - | youth by a preponderance of the evidence in accordance with the |
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| 77 | | - | provisions of 42 USC 11431, et seq., as amended from time to time. |
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| 78 | | - | (2) Any homeless child or youth who is denied accommodations by |
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| 79 | | - | a board of education as the result of a determination by such board, or |
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| 80 | | - | a subcommittee of the board or local impartial hearing board, that the |
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| 81 | | - | child is not entitled to school accommodations in the district, shall |
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| 82 | | - | continue in attendance or be immediately enrolled in the school |
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| 83 | | - | selected by the child in the school district pursuant to 42 USC |
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| 84 | | - | 11432(g)(3), as amended from time to time. The board of education for |
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| 85 | | - | such school district shall (A) provide, in accordance with the |
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| 86 | | - | provisions of 42 USC 11432(g)(3)(E)(ii), as amended from time to time, |
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| 87 | | - | the homeless child or youth or the parent or guardian of such homeless |
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| 88 | | - | child or youth with (i) a written explanation of the reasons for the |
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| 89 | | - | denial of accommodations that is in a manner and form |
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| 90 | | - | understandable to such homeless child or youth or parent or guardian, |
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| 91 | | - | and (ii) information regarding the right to appeal the decision of the |
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| 92 | | - | denial of accommodations pursuant to subdivision (3) of this |
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| 93 | | - | subsection, and (B) refer, in accordance with the provisions of 42 USC |
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| 94 | | - | 11432(g)(3)(E)(iii), as amended from time to time, the homeless child or |
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| 95 | | - | youth or the parent or guardian of such homeless child or youth to the |
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| 96 | | - | liaison, designated pursuant to 42 USC 11432(g)(1)(J)(ii), as amended |
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| 97 | | - | from time to time, who is responsible for carrying out the duties |
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| 98 | | - | described in 42 USC 11432(g)(6)(A), as amended from time to time. |
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| 99 | | - | [(2)] (3) Any such parent, guardian, emancipated minor, pupil |
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| 100 | | - | eighteen years of age or older, unaccompanied youth, or agent or House Bill No. 7313 |
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| 104 | | - | officer, aggrieved by the finding shall, upon request, be provided with |
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| 105 | | - | a transcript of the hearing within thirty days after such request and |
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| 106 | | - | may take an appeal from the finding to the State Board of Education. A |
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| 107 | | - | copy of each notice of appeal shall be filed simultaneously with the |
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| 108 | | - | local or regional board of education and the State Board of Education. |
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| 109 | | - | Any child, emancipated minor or pupil eighteen years of age or older |
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| 110 | | - | or unaccompanied youth who is denied accommodations by a board of |
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| 111 | | - | education as the result of a determination by such board, or a |
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| 112 | | - | subcommittee of the board or local impartial hearing board, that the |
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| 113 | | - | child is not a resident of the school district and therefore is not entitled |
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| 114 | | - | to school accommodations in the district may continue in attendance in |
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| 115 | | - | the school district at the request of the parent or guardian of such child |
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| 116 | | - | or such minor or pupil, pending a determination of such appeal, |
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| 117 | | - | except any homeless child or youth shall be entitled to continue in |
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| 118 | | - | attendance in the school district during all available appeals pursuant |
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| 119 | | - | to 42 USC 11432(g)(2)(E). If an appeal is not taken to the State Board of |
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| 120 | | - | Education within twenty days of the mailing of the finding to the |
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| 121 | | - | aggrieved party, the decision of the board, subcommittee or local |
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| 122 | | - | impartial hearing board shall be final. The local or regional board of |
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| 123 | | - | education shall, within ten days after receipt of notice of an appeal, |
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| 124 | | - | forward the record of the hearing to the State Board of Education. The |
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| 125 | | - | State Board of Education shall, on receipt of a written request for a |
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| 126 | | - | hearing made in accordance with the provisions of this subsection, |
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| 127 | | - | establish an impartial hearing board of one or more persons to hold a |
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| 128 | | - | public hearing in the local or regional school district in which the cause |
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| 129 | | - | of the complaint arises. Members of the hearing board may be |
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| 130 | | - | employees of the Department of Education or may be qualified |
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| 131 | | - | persons from outside the department. No member of the board of |
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| 132 | | - | education under review nor any employee of such board of education |
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| 133 | | - | shall be a member of the hearing board. Members of the hearing board, |
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| 134 | | - | other than those employed by the Department of Education, shall be |
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| 135 | | - | paid reasonable fees and expenses as established by the State Board of |
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| 136 | | - | Education within the limits of available appropriations. Such hearing House Bill No. 7313 |
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| 87 | + | denied schooling shall have the burden of proving residency by a 51 |
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| 88 | + | preponderance of the evidence, unless the party denied schooling is 52 |
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| 89 | + | claiming that he or she is a homeless child or youth, as defined in 42 53 |
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| 90 | + | USC 11434a, as amended from time to time, in which case, the party 54 |
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| 91 | + | claiming ineligibility based on residency shall have the burden of 55 |
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| 92 | + | proving that the party denied schooling is not a homeless child or 56 |
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| 93 | + | youth by a preponderance of the evidence in accordance with the 57 |
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| 94 | + | provisions of 42 USC 11431, et seq., as amended from time to time. 58 |
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| 95 | + | (2) Any homeless child or youth who is denied accommodations by 59 |
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| 96 | + | a board of education as the result of a determination by such board, or 60 |
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| 97 | + | a subcommittee of the board or local impartial hearing board, that the 61 |
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| 98 | + | child is not entitled to school accommodations in the district, shall 62 |
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| 99 | + | continue in attendance or be immediately enrolled in the school 63 |
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| 100 | + | selected by the child in the school district pursuant to 42 USC 64 |
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| 101 | + | 11432(g)(3), as amended from time to time. The board of education for 65 |
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| 102 | + | such school district shall (A) provide, in accordance with the 66 |
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| 103 | + | provisions of 42 USC 11432(g)(3)(E)(ii), as amended from time to time, 67 |
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| 104 | + | the homeless child or youth or the parent or guardian of such homeless 68 |
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| 105 | + | child or youth with (i) a written explanation of the reasons for the 69 |
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| 106 | + | denial of accommodations that is in a manner and form 70 |
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| 107 | + | understandable to such homeless child or youth or parent or guardian, 71 |
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| 108 | + | and (ii) information regarding the right to appeal the decision of the 72 |
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| 109 | + | denial of accommodations pursuant to subdivision (3) of this 73 |
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| 110 | + | subsection, and (B) refer, in accordance with the provisions of 42 USC 74 |
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| 111 | + | 11432(g)(3)(E)(iii), as amended from time to time, the homeless child or 75 |
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| 112 | + | youth or the parent or guardian of such homeless child or youth to the 76 |
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| 113 | + | liaison, designated pursuant to 42 USC 11432(g)(1)(J)(ii), as amended 77 |
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| 114 | + | from time to time, who is responsible for carrying out the duties 78 |
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| 115 | + | described in 42 USC 11432(g)(6)(A), as amended from time to time. 79 |
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| 116 | + | [(2)] (3) Any such parent, guardian, emancipated minor, pupil 80 |
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| 117 | + | eighteen years of age or older, unaccompanied youth, or agent or 81 |
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| 118 | + | officer, aggrieved by the finding shall, upon request, be provided with 82 |
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| 119 | + | a transcript of the hearing within thirty days after such request and 83 Raised Bill No. 7313 |
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| 140 | | - | board may examine witnesses and shall maintain a verbatim record of |
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| 141 | | - | all formal sessions of the hearing. Either party to the hearing may |
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| 142 | | - | request that the hearing board join all interested parties to the hearing, |
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| 143 | | - | or the hearing board may join any interested party on its own motion. |
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| 144 | | - | The hearing board shall have no authority to make a determination of |
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| 145 | | - | the rights and responsibilities of a board of education if such board is |
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| 146 | | - | not a party to the hearing. The hearing board may render a |
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| 147 | | - | determination of actual residence of any child, emancipated minor, |
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| 148 | | - | [or] pupil eighteen years of age or older or unaccompanied youth |
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| 149 | | - | where residency is at issue. |
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| 150 | | - | [(3)] (4) The hearing board shall render its decision within forty-five |
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| 151 | | - | days after receipt of the notice of appeal except that an extension may |
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| 152 | | - | be granted by the Commissioner of Education upon an application by |
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| 153 | | - | a party or the hearing board describing circumstances related to the |
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| 154 | | - | hearing which require an extension. |
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| 155 | | - | [(4)] (5) If, after the hearing, the hearing board finds that any child is |
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| 156 | | - | illegally or unreasonably denied schooling, the hearing board shall |
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| 157 | | - | order the board of education under whose jurisdiction it has been |
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| 158 | | - | found such child should be attending school to make arrangements to |
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| 159 | | - | enable the child to attend public school. Except in the case of a |
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| 160 | | - | residency determination, the finding of the local or regional board of |
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| 161 | | - | education, subcommittee of such board or a local impartial hearing |
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| 162 | | - | board shall be upheld unless it is determined by the hearing board that |
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| 163 | | - | the finding was arbitrary, capricious or unreasonable. If such school |
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| 164 | | - | officers fail to take action upon such order in any case in which such |
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| 165 | | - | child is currently denied schooling and no suitable provision is made |
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| 166 | | - | for such child within fifteen days after receipt of the order and in all |
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| 167 | | - | other cases, within thirty days after receipt of the order, there shall be a |
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| 168 | | - | forfeiture of the money appropriated by the state for the support of |
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| 169 | | - | schools amounting to fifty dollars for each child for each day such |
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| 170 | | - | child is denied schooling. If the hearing board makes a determination House Bill No. 7313 |
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| 122 | + | LCO 5542 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07313- |
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| 123 | + | R01-HB.docx } |
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| 124 | + | 4 of 7 |
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| 172 | | - | Public Act No. 19-179 6 of 8 |
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| 126 | + | may take an appeal from the finding to the State Board of Education. A 84 |
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| 127 | + | copy of each notice of appeal shall be filed simultaneously with the 85 |
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| 128 | + | local or regional board of education and the State Board of Education. 86 |
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| 129 | + | Any child, emancipated minor or pupil eighteen years of age or older 87 |
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| 130 | + | or unaccompanied youth who is denied accommodations by a board of 88 |
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| 131 | + | education as the result of a determination by such board, or a 89 |
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| 132 | + | subcommittee of the board or local impartial hearing board, that the 90 |
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| 133 | + | child is not a resident of the school district and therefore is not entitled 91 |
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| 134 | + | to school accommodations in the district may continue in attendance in 92 |
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| 135 | + | the school district at the request of the parent or guardian of such child 93 |
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| 136 | + | or such minor or pupil, pending a determination of such appeal, 94 |
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| 137 | + | except any homeless child or youth shall be entitled to continue in 95 |
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| 138 | + | attendance in the school district during all available appeals pursuant 96 |
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| 139 | + | to 42 USC 11432(g)(2)(E). If an appeal is not taken to the State Board of 97 |
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| 140 | + | Education within twenty days of the mailing of the finding to the 98 |
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| 141 | + | aggrieved party, the decision of the board, subcommittee or local 99 |
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| 142 | + | impartial hearing board shall be final. The local or regional board of 100 |
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| 143 | + | education shall, within ten days after receipt of notice of an appeal, 101 |
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| 144 | + | forward the record of the hearing to the State Board of Education. The 102 |
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| 145 | + | State Board of Education shall, on receipt of a written request for a 103 |
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| 146 | + | hearing made in accordance with the provisions of this subsection, 104 |
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| 147 | + | establish an impartial hearing board of one or more persons to hold a 105 |
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| 148 | + | public hearing in the local or regional school district in which the cause 106 |
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| 149 | + | of the complaint arises. Members of the hearing board may be 107 |
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| 150 | + | employees of the Department of Education or may be qualified 108 |
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| 151 | + | persons from outside the department. No member of the board of 109 |
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| 152 | + | education under review nor any employee of such board of education 110 |
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| 153 | + | shall be a member of the hearing board. Members of the hearing board, 111 |
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| 154 | + | other than those employed by the Department of Education, shall be 112 |
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| 155 | + | paid reasonable fees and expenses as established by the State Board of 113 |
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| 156 | + | Education within the limits of available appropriations. Such hearing 114 |
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| 157 | + | board may examine witnesses and shall maintain a verbatim record of 115 |
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| 158 | + | all formal sessions of the hearing. Either party to the hearing may 116 |
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| 159 | + | request that the hearing board join all interested parties to the hearing, 117 |
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| 160 | + | or the hearing board may join any interested party on its own motion. 118 Raised Bill No. 7313 |
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| 174 | | - | that the child was not a resident of the school district and therefore not |
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| 175 | | - | entitled to school accommodations from such district, the board of |
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| 176 | | - | education may assess tuition against the parent or guardian of the |
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| 177 | | - | child or the emancipated minor or pupil eighteen years of age or older |
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| 178 | | - | based on the following: One one-hundred-eightieth of the town's net |
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| 179 | | - | current local educational expenditure, as defined in section 10-261, per |
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| 180 | | - | pupil multiplied by the number of days of school attendance of the |
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| 181 | | - | child in the district while not entitled to school accommodations |
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| 182 | | - | provided by that district. The local board of education may seek to |
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| 183 | | - | recover the amount of the assessment through available civil remedies. |
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| 184 | | - | (c) In the event of an appeal pursuant to section 10-187 from a |
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| 185 | | - | decision of a hearing board established pursuant to subsection (b) of |
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| 186 | | - | this section, upon request, the State Board of Education shall supply |
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| 187 | | - | for the fee per page specified in section 1-212, a copy of the transcript |
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| 188 | | - | of the formal sessions of the hearing board to the parent or guardian or |
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| 189 | | - | emancipated minor or a pupil eighteen years of age or older or |
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| 190 | | - | unaccompanied youth and to the local or regional board of education. |
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| 191 | | - | (d) (1) For the school year commencing July 1, 2010, if a child sixteen |
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| 192 | | - | years of age or older voluntarily terminates enrollment in a school |
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| 193 | | - | district and subsequently seeks readmission, the local or regional |
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| 194 | | - | board of education for the school district may de ny school |
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| 195 | | - | accommodations to such child for up to ninety school days from the |
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| 196 | | - | date of such termination, unless such child seeks readmission to such |
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| 197 | | - | school district not later than ten school days after such termination in |
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| 198 | | - | which case such board shall provide school accommodations to such |
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| 199 | | - | child not later than three school days after such child seeks |
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| 200 | | - | readmission. |
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| 201 | | - | (2) For the school year commencing July 1, 2011, and each school |
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| 202 | | - | year thereafter, if a child seventeen years of age or older voluntarily |
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| 203 | | - | terminates enrollment in a school district and subsequently seeks |
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| 204 | | - | readmission, the local or regional board of education for the school House Bill No. 7313 |
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| 208 | | - | district may deny school accommodations to such child for up to |
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| 209 | | - | ninety school days from the date of such termination, unless such child |
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| 210 | | - | seeks readmission to such school district not later than ten school days |
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| 211 | | - | after such termination in which case such board shall provide school |
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| 212 | | - | accommodations to such child not later than three school days after |
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| 213 | | - | such child seeks readmission. |
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| 214 | | - | (e) A local or regional board of education shall immediately enroll |
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| 215 | | - | any student who transfers from Unified School District #1 or Unified |
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| 216 | | - | School District #2. In the case of a student who transfers from Unified |
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| 217 | | - | School District #1 or Unified School District #2 to the school district in |
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| 218 | | - | which such student attended school prior to enrollment in Unified |
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| 219 | | - | School District #1 or Unified School District #2, such student shall be |
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| 220 | | - | enrolled in the school such student previously attended, provided such |
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| 221 | | - | school has the appropriate grade level for such student. |
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| 222 | | - | Sec. 2. Subsection (f) of section 10-253 of the general statutes is |
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| 223 | | - | repealed and the following is substituted in lieu thereof (Effective July |
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| 224 | | - | 1, 2019): |
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| 225 | | - | (f) Notwithstanding any provision of the general statutes, |
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| 226 | | - | educational services shall be provided by each local and regional |
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| 227 | | - | board of education to homeless children and youths in accordance |
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| 228 | | - | with the provisions of 42 USC 11431, et seq., as amended from time to |
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| 229 | | - | time. If a homeless child or youth is denied school accommodations by |
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| 230 | | - | a local or regional board of education on the basis of residency, such |
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| 231 | | - | homeless child or youth shall be entitled to a hearing conducted |
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| 232 | | - | pursuant to section 10-186, as amended by this act. An unaccompanied |
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| 233 | | - | youth, as described in 42 USC 11434a, as amended from time to time, |
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| 234 | | - | shall be entitled to knowledge of and have access to all educational, |
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| 235 | | - | medical or similar records in the cumulative record of such |
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| 236 | | - | unaccompanied youth maintained by a local or regional board of |
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| 237 | | - | education. House Bill No. 7313 |
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| 167 | + | The hearing board shall have no authority to make a determination of 119 |
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| 168 | + | the rights and responsibilities of a board of education if such board is 120 |
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| 169 | + | not a party to the hearing. The hearing board may render a 121 |
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| 170 | + | determination of actual residence of any child, emancipated minor, 122 |
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| 171 | + | [or] pupil eighteen years of age or older or unaccompanied youth 123 |
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| 172 | + | where residency is at issue. 124 |
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| 173 | + | [(3)] (4) The hearing board shall render its decision within forty-five 125 |
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| 174 | + | days after receipt of the notice of appeal except that an extension may 126 |
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| 175 | + | be granted by the Commissioner of Education upon an application by 127 |
|---|
| 176 | + | a party or the hearing board describing circumstances related to the 128 |
|---|
| 177 | + | hearing which require an extension. 129 |
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| 178 | + | [(4)] (5) If, after the hearing, the hearing board finds that any child is 130 |
|---|
| 179 | + | illegally or unreasonably denied schooling, the hearing board shall 131 |
|---|
| 180 | + | order the board of education under whose jurisdiction it has been 132 |
|---|
| 181 | + | found such child should be attending school to make arrangements to 133 |
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| 182 | + | enable the child to attend public school. Except in the case of a 134 |
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| 183 | + | residency determination, the finding of the local or regional board of 135 |
|---|
| 184 | + | education, subcommittee of such board or a local impartial hearing 136 |
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| 185 | + | board shall be upheld unless it is determined by the hearing board that 137 |
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| 186 | + | the finding was arbitrary, capricious or unreasonable. If such school 138 |
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| 187 | + | officers fail to take action upon such order in any case in which such 139 |
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| 188 | + | child is currently denied schooling and no suitable provision is made 140 |
|---|
| 189 | + | for such child within fifteen days after receipt of the order and in all 141 |
|---|
| 190 | + | other cases, within thirty days after receipt of the order, there shall be a 142 |
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| 191 | + | forfeiture of the money appropriated by the state for the support of 143 |
|---|
| 192 | + | schools amounting to fifty dollars for each child for each day such 144 |
|---|
| 193 | + | child is denied schooling. If the hearing board makes a determination 145 |
|---|
| 194 | + | that the child was not a resident of the school district and therefore not 146 |
|---|
| 195 | + | entitled to school accommodations from such district, the board of 147 |
|---|
| 196 | + | education may assess tuition against the parent or guardian of the 148 |
|---|
| 197 | + | child or the emancipated minor or pupil eighteen years of age or older 149 |
|---|
| 198 | + | based on the following: One one-hundred-eightieth of the town's net 150 |
|---|
| 199 | + | current local educational expenditure, as defined in section 10-261, per 151 Raised Bill No. 7313 |
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| 202 | + | LCO 5542 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07313- |
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| 203 | + | R01-HB.docx } |
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| 204 | + | 6 of 7 |
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| 205 | + | |
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| 206 | + | pupil multiplied by the number of days of school attendance of the 152 |
|---|
| 207 | + | child in the district while not entitled to school accommodations 153 |
|---|
| 208 | + | provided by that district. The local board of education may seek to 154 |
|---|
| 209 | + | recover the amount of the assessment through available civil remedies. 155 |
|---|
| 210 | + | (c) In the event of an appeal pursuant to section 10-187 from a 156 |
|---|
| 211 | + | decision of a hearing board established pursuant to subsection (b) of 157 |
|---|
| 212 | + | this section, upon request, the State Board of Education shall supply 158 |
|---|
| 213 | + | for the fee per page specified in section 1-212, a copy of the transcript 159 |
|---|
| 214 | + | of the formal sessions of the hearing board to the parent or guardian or 160 |
|---|
| 215 | + | emancipated minor or a pupil eighteen years of age or older or 161 |
|---|
| 216 | + | unaccompanied youth and to the local or regional board of education. 162 |
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| 217 | + | (d) (1) For the school year commencing July 1, 2010, if a child sixteen 163 |
|---|
| 218 | + | years of age or older voluntarily terminates enrollment in a school 164 |
|---|
| 219 | + | district and subsequently seeks readmission, the local or regional 165 |
|---|
| 220 | + | board of education for the school district may deny school 166 |
|---|
| 221 | + | accommodations to such child for up to ninety school days from the 167 |
|---|
| 222 | + | date of such termination, unless such child seeks readmission to such 168 |
|---|
| 223 | + | school district not later than ten school days after such termination in 169 |
|---|
| 224 | + | which case such board shall provide school accommodations to such 170 |
|---|
| 225 | + | child not later than three school days after such child seeks 171 |
|---|
| 226 | + | readmission. 172 |
|---|
| 227 | + | (2) For the school year commencing July 1, 2011, and each school 173 |
|---|
| 228 | + | year thereafter, if a child seventeen years of age or older voluntarily 174 |
|---|
| 229 | + | terminates enrollment in a school district and subsequently seeks 175 |
|---|
| 230 | + | readmission, the local or regional board of education for the school 176 |
|---|
| 231 | + | district may deny school accommodations to such child for up to 177 |
|---|
| 232 | + | ninety school days from the date of such termination, unless such child 178 |
|---|
| 233 | + | seeks readmission to such school district not later than ten school days 179 |
|---|
| 234 | + | after such termination in which case such board shall provide school 180 |
|---|
| 235 | + | accommodations to such child not later than three school days after 181 |
|---|
| 236 | + | such child seeks readmission. 182 |
|---|
| 237 | + | (e) A local or regional board of education shall immediately enroll 183 Raised Bill No. 7313 |
|---|
| 238 | + | |
|---|
| 239 | + | |
|---|
| 240 | + | LCO 5542 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07313- |
|---|
| 241 | + | R01-HB.docx } |
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| 242 | + | 7 of 7 |
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| 243 | + | |
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| 244 | + | any student who transfers from Unified School District #1 or Unified 184 |
|---|
| 245 | + | School District #2. In the case of a student who transfers from Unified 185 |
|---|
| 246 | + | School District #1 or Unified School District #2 to the school district in 186 |
|---|
| 247 | + | which such student attended school prior to enrollment in Unified 187 |
|---|
| 248 | + | School District #1 or Unified School District #2, such student shall be 188 |
|---|
| 249 | + | enrolled in the school such student previously attended, provided such 189 |
|---|
| 250 | + | school has the appropriate grade level for such student. 190 |
|---|
| 251 | + | Sec. 2. Subsection (f) of section 10-253 of the general statutes is 191 |
|---|
| 252 | + | repealed and the following is substituted in lieu thereof (Effective July 192 |
|---|
| 253 | + | 1, 2019): 193 |
|---|
| 254 | + | (f) Notwithstanding any provision of the general statutes, 194 |
|---|
| 255 | + | educational services shall be provided by each local and regional 195 |
|---|
| 256 | + | board of education to homeless children and youths in accordance 196 |
|---|
| 257 | + | with the provisions of 42 USC 11431, et seq., as amended from time to 197 |
|---|
| 258 | + | time. If a homeless child or youth is denied school accommodations by 198 |
|---|
| 259 | + | a local or regional board of education on the basis of residency, such 199 |
|---|
| 260 | + | homeless child or youth shall be entitled to a hearing conducted 200 |
|---|
| 261 | + | pursuant to section 10-186, as amended by this act. An unaccompanied 201 |
|---|
| 262 | + | youth, as described in 42 USC 11434a, as amended from time to time, 202 |
|---|
| 263 | + | shall be entitled to knowledge of and have access to all educational, 203 |
|---|
| 264 | + | medical or similar records in the cumulative record of such 204 |
|---|
| 265 | + | unaccompanied youth maintained by a local or regional board of 205 |
|---|
| 266 | + | education. 206 |
|---|
| 267 | + | This act shall take effect as follows and shall amend the following |
|---|
| 268 | + | sections: |
|---|
| 269 | + | |
|---|
| 270 | + | Section 1 July 1, 2019 10-186 |
|---|
| 271 | + | Sec. 2 July 1, 2019 10-253(f) |
|---|
| 272 | + | |
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| 273 | + | ED Joint Favorable |
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