Researcher: MGS Page 1 6/2/23
OLR Bill Analysis
HB 6762 (as amended by House "A")*
AN ACT CONCERNING SCHOOLS.
TABLE OF CONTENTS:
SUMMARY
§ 1 — SCHOOL READINESS PROGRAM PER CHILD COST
Extends the FY 21 cap on the per child cost rate through FY 24 and increases it beginning
in FY 25
§ 2 — CARE 4 KIDS PROGRAM
In conformity with federal law, allows OEC to establish a protective service class making
certain foster care children, newly adopted children, and homeless children categorically
eligible for Care4Kids
§ 3 — EMERGENCY EPINEPHRINE AUTHORIZATION AT CHILD
CARE FACILITIES
Authorizes child care providers, under certain conditions, to administer emergency first
aid epinephrine to a child experiencing an allergic reaction; includes an option for parents
to opt their child out
§ 4 — RENAMING EARLY CHILDHOOD COUNCILS A S
COLLABORATIVES
Changes the name of “local and regional early childhood councils” to “local early
childhood collaboratives”
§ 5 — STATEWIDE MASTERY TEST AUDIT
Requires the education commissioner to audit statewide mastery test and local testing
requirements and preparation and administration time
§§ 6 & 7 — CIVICS AND MEDIA LITERACY EDUCATION
Creates the Connecticut Civics Education, Civics Engagement, and Media Literacy Task
Force; adds civics and media literacy to the required public schools social studies program
of instruction
§ 8 — CTECS PROGRAM AND CAREER ALIGNMENT STUDY
Requires the CTECS board to study the programs it offers to determine whether they align
with the technical careers available in Connecticut
§§ 9-11 — STATE AID FOR SPECIAL EDUCATION
Prohibits the State Department of Education (SDE) from including specified pandemic
relief funds received by school districts when determining their special education excess
cost grant amount; revises terminology referenced in calculating state aid for special
education 2023HB-06762-R010859-BA.DOCX
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§ 12 — REMOTE LEARNING USING DUAL INSTRUCTION
Allows dual instruction as part of remote learning when (1) needed to implement a
student’s IEP or 504 plan and (2) part of an intradistrict or interdistrict cooperative
learning program for students on school grounds during a regular school day
§ 13 — SPECIAL EDUCATION TASK FORCE
Expands the charge and membership of the task force studying special education services
and funding and also extends its reporting deadline and termination date
§ 14 — CHARTER SCHOOL ENROLLM ENT CRITERIA
Generally prohibits charter schools from asking about or considering an applicant
student’s need for or receipt of special education and related services, including as part of
enrollment lottery criteria
§ 15 — SPECIAL EDUCATION COMPLAINTS FILED WITH SDE
Requires SDE to post online summaries of (1) special education complaints filed with the
department and (2) corrective actions required by the department
§ 16 — 504 PLANS AND SCHOOL EMPLOYEES
Prohibits boards of education from disciplining any school employee who discusses or
makes recommendations about student services or accommodations during a 504 plan
meeting
§§ 17 & 18 — MULTILINGUAL LEARNERS’ BILL OF RIGHTS
Changes the term “English learner” to “multilingual learner” in the education statutes;
requires SBE to draft a written bill of rights for parents or guardians of multilingual
learner students
§§ 19-35 — CONFORMING CHANGES
Makes conforming changes throughout various education statutes
§ 36 — REPEALER
Repeals two obsolete sections related to English learners or bilingual education
SUMMARY
This bill makes various changes in the education statutes, described
below in a section-by-section analysis.
*House Amendment “A” replaces the underlying bill (File 535),
which required the State Department of Education (SDE) to study the
state’s public schools and report its findings to the Education
Committee.
EFFECTIVE DATE: Various; see below.
§ 1 — SCHOOL READINE SS PROGRAM PER CHILD COST 2023HB-06762-R010859-BA.DOCX
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Extends the FY 21 cap on the per child cost rate through FY 24 and increases it beginning
in FY 25
The bill extends the FY 21 cap on the per child cost (i.e., $9,027) of the
Office of Early Childhood (OEC) school readiness program through FY
24. For FY 25 and subsequent fiscal years, the bill increases the cap to
$10,500.
By law, the OEC “school readiness program” is a nonsectarian
program that (1) generally meets the office’s standards and program
requirements and (2) provides a developmentally appropriate learning
experience for at least 450 hours and 180 days for eligible children (e.g.,
certain three-, four-, and five-year-old children not eligible to enroll in
school) (CGS § 10-16p).
EFFECTIVE DATE: July 1, 2023
§ 2 — CARE 4 KIDS PROGRAM
In conformity with federal law, allows OEC to establish a protective service class making
certain foster care children, newly adopted children, and homeless children categorically
eligible for Care4Kids
The Care 4 Kids program offers child care subsidies to income-
eligible families whose parents or caretakers are working or
participating in certain education or job training programs.
The bill allows the OEC commissioner to institute a protective service
class in which the commissioner may waive current law’s Care 4 Kids
eligibility requirements for certain at-risk populations, instead applying
guidelines she prescribes and that OPM reviews. Specifically, she can
institute this class for (1) children placed in a foster home by DCF and
for whom the parent or legal guardian receives foster care payments; (2)
adopted children for one year after the adoption; and (3) homeless
children and youths, as defined in federal law. By instituting the class,
as allowed in federal law, these at-risk populations become categorically
eligible for Care 4 Kids.
EFFECTIVE DATE: July 1, 2023
§ 3 — EMERGENCY EPIN EPHRINE AUTHORIZATIO N AT CHILD
CARE FACILITIES 2023HB-06762-R010859-BA.DOCX
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Authorizes child care providers, under certain conditions, to administer emergency first
aid epinephrine to a child experiencing an allergic reaction; includes an option for parents
to opt their child out
The bill authorizes an OEC-licensed child care provider to administer
epinephrine for emergency first aid to a child in the provider’s care who
has an allergic reaction and does not have a parent’s or guardian’s prior
written authorization or a qualified medical professional’s prior written
order.
The bill requires that the (1) person administering the epinephrine be
trained (see below), (2) provider maintain a supply of epinephrine
cartridge injectors, and (3) epinephrine cartridge injectors be stored
according to state law. Specifically, the administering person must have
received training, either through certain first aid courses or from
specified health professionals, in recognizing the signs and symptoms
of anaphylaxis; using an epinephrine cartridge injector; and following
emergency protocols.
The bill allows a parent or guardian to give the child care provider a
written statement that the child not receive these emergency
administrations.
EFFECTIVE DATE: July 1, 2023
§ 4 — RENAMING EARLY CHILDHOOD COUNCILS AS
COLLABORATIVES
Changes the name of “local and regional early childhood councils” to “local early
childhood collaboratives”
The bill changes the name of “local and regional early childhood
councils” to “local early childhood collaboratives.” By law, OEC must
collaborate with and may provide funding to these entities to
implement early care and education and child development programs,
such as school readiness, at the local level.
EFFECTIVE DATE: July 1, 2023
§ 5 — STATEWIDE MASTERY TEST AUDIT
Requires the education commissioner to audit statewide mastery test and local testing
requirements and preparation and administration time 2023HB-06762-R010859-BA.DOCX
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The bill requires the education commissioner, by January 1, 2025, and
within available appropriations, to audit state and local testing
requirements and administration. The commissioner must submit a
report on the audit to the Appropriations and Education committees by
this date.
The audit must focus on the following:
1. the statewide mastery examination (see Background) and local
standardized assessments used to monitor student and district
academic progress and achievement;
2. the amount of time devoted to student preparation or educator
instruction for the statewide mastery exam and the local
assessments, including the amount of time taken away from
regular instruction; and
3. recommendations about any limitations on the amount of time
that may be devoted to administering these exams and
assessments.
Additionally, the bill specifies that the audit must comply with
requirements in federal law for grant applications for state assessments
and related activities (20 U.S.C. §§ 6361 to -6363) so that the
commissioner may apply for a grant to conduct the audit and perform
related activities under the federal Every Student Succeeds Act (ESSA;
see Background).
EFFECTIVE DATE: July 1, 2023
Background — Statewide Mastery Exams
Public school students statewide must take the following State Board
of Education (SBE)-approved mastery exams that measure essential and
grade-appropriate skills:
1. for grades 3-8, exams measuring reading, writing, or
mathematics skills;
2. for grades 5, 8, and 11, exams measuring science skills; and 2023HB-06762-R010859-BA.DOCX
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3. for students in grade 11, a nationally recognized, SBE-approved
college readiness assessment (e.g., the SAT) measuring reading,
writing and mathematics skills (CGS § 10-14n(a)).
Background — ESSA
Among other things, this federal law requires every state to measure
performance in reading, math, and science. Each state determines the
way students are assessed. Every school in each state must inform
parents about their standards and their results (P.L. 114-95).
Background — Related Bill
sSB 1 (File 551, as amended by Senate “A,” § 25) contains an identical
requirement.
§§ 6 & 7 — CIVICS AND MEDIA LITERACY EDUCATION
Creates the Connecticut Civics Education, Civics Engagement, and Media Literacy Task
Force; adds civics and media literacy to the required public schools social studies program
of instruction
Task Force (§ 6)
Scope. The bill creates the 18-member Connecticut Civics Education,
Civics Engagement, and Media Literacy Task Force (“task force”) to
study and develop strategies to improve and promote “civic
engagement,” which the bill defines as participation in improving a
community’s quality of life and developing the knowledge and skills to
enable this participation.
The task force must study and develop strategies to improve
instruction on civics, citizenship, media literacy, and American
government. Under the bill, (1) “civics” is the study of citizens’ rights
and obligations and (2) “media literacy” is the ability to access, analyze,
evaluate, create, and participate with media in all forms by
understanding the media’s role in society and building inquiry and self-
expression skills that are essential to participating and collaborating in
a democratic society.
Specifically, the task force’s study must at least include the following:
1. reviewing existing state and national curricula and standards, 2023HB-06762-R010859-BA.DOCX
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classroom practices, and high school and college graduation
requirements to identify and publicize best practices in
instruction on civics, citizenship, media literacy, and American
government;
2. receiving recommendations from educators, administrators,
government entities, nongovernmental organizations, and the
public;
3. reviewing existing civics, citizenship, media literacy, and
American government educational opportunities provided
throughout Connecticut by governmental and nongovernmental
entities and organizations; and
4. exploring the feasibility of establishing public and private
partnerships to fund, coordinate, promote, and support
enhancements to engagement and instruction.
Membership. Under the bill, the task force consists of seven
legislative appointees, shown in the table below, and 11 ex-officio
members. All initial appointments must be made within 30 days after
the bill’s passage, and the appointing authority for each position must
fill any vacancy that may arise. Each appointed member may be a
legislator.
Table: Connecticut Civics Education, Civics Engagement, and Media Literacy
Task Force Appointed Members
Appointing Authority Requirements
House speaker A certified social studies teacher who is a member
of the American Federation of Teachers –
Connecticut
Senate president pro
tempore
A representative of the Connecticut Education
Association
House majority leader An officer or member of a nongovernmental
organization that promotes civic education, civic
engagement, or media literacy
Senate majority leader An officer or member of a nongovernmental
organization that promotes civic education, civic
engagement, or media literacy 2023HB-06762-R010859-BA.DOCX
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Appointing Authority Requirements
House minority leader A representative of the Connecticut Associate of
Public School Superintendents
Senate minority leader A representative of the Connecticut Association of
Boards of Education
Black and Puerto Rican
Caucus chairperson
One appointee
Additionally, the task force consists of the following ex-officio
members or their designees:
1. secretary of the state,
2. education commissioner,
3. Connecticut State Colleges and Universities president,
4. UConn president,
5. Connecticut Bar Association president,
6. chief court administrator,
7. the two chairpersons of the Connecticut Hate Crimes Advisory
Council,
8. Connecticut Humanities Council executive director,
9. Connecticut Democracy Center president, and
10. Commission on Women, Children, Seniors, Equity and
Opportunity executive director.
Chairpersons and Staff. Under the bill, the House speaker and
Senate president pro tempore must select the task force chairpersons
from among its members. The chairpersons must schedule the first
meeting within 60 days after the bill’s passage.
The Education Committee’s administrative staff must serve as the
task force staff. 2023HB-06762-R010859-BA.DOCX
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Duration and Final Report. The bill requires the task force to submit
a report on its findings and recommendations to the Education
Committee by January 1, 2025. The task force must terminate when it
submits the report or on July 1, 2025, whichever is later.
Required Program of Instruction (§ 7)
Beginning in the 2025-26 school year, the bill requires public schools
to add to their social studies program of instruction the topics of civics
and media literacy.
By law, public schools must offer courses of study in the arts;
language arts; mathematics; physical education; science; social studies,
including citizenship, economics, geography, government, and history.
Also included are career education; consumer education; and health and
safety.
EFFECTIVE DATE: Upon passage, except the provisions adding
civics and media literacy to the required public school program of
instruction (§ 7) take effect on July 1, 2025.
Background — Related Bill
sHB 6760 (File 278), reported favorably by the Appropriations and
Education committees, (1) adds the topics of civics and media literacy to
the required social studies program of instruction in public schools
beginning in the 2025-26 school year and (2) creates the 16-member
Connecticut Civics Education and Media Literacy Task Force to study
how schools provide civics, citizenship, media literacy, and American
government instruction to students.
§ 8 — CTECS PROGRAM AND CAREER ALIGNMENT STUDY
Requires the CTECS board to study the programs it offers to determine whether they align
with the technical careers available in Connecticut
The bill requires the Connecticut Technical Education and Career
System (CTECS) board to study the programs offered at technical
education and career high schools to determine whether they align with
the technical careers available in the state.
The study must evaluate: 2023HB-06762-R010859-BA.DOCX
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1. the skills or certifications required to fill the available jobs in the
state,
2. any deficiencies in the training or availability of equipment at the
schools to teach the skills required for the available jobs, and
3. opportunities to partner with Connecticut employers or labor
organizations to provide students relevant apprenticeships or
internships.
By January 1, 2025, the board must submit the report to the Education
Committee with any legislative or policy recommendations for
improving the technical high school programs to better align with the
skills required for available jobs.
EFFECTIVE DATE: July 1, 2023
§§ 9-11 — STATE AID FOR SPECIAL EDUCATIO N
Prohibits the State Department of Education (SDE) from including specified pandemic
relief funds received by school districts when determining their special education excess
cost grant amount; revises terminology referenced in calculating state aid for special
education
Excluding Pandemic Relief Funds From Grant Calculations (§ 9)
By law, boards of education may receive state special education
grants, within available appropriations, under the following
circumstances:
1. when the reasonable costs of special education for a child exceeds
4.5 times the board’s average per pupil educational costs (CGS §
10-76g(b)),
2. when the town’s ratio of (a) net special education costs for the
prior fiscal year to the (b) product of its total need students and
the average regular program expenditures exceeds the statewide
average for all of these ratios (CGS § 10-76g(c)), and
3. when the total amount of state special education grants payable
to a board in a fiscal year exceeds the amount appropriated (CGS
§ 10-76g(d)). 2023HB-06762-R010859-BA.DOCX
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Beginning in FY 24, the bill prohibits SDE from including federal
COVID-19 relief funds when calculating a board’s “net current
expenditures per pupil” (see below) for determining the amount of
these three special education grants. Specifically, SDE must exclude
from the calculation any funds received by a board under the following
federal acts: the Coronavirus Aid, Relief, and Economic Security
(CARES) Act (P.L. 116-136); the Coronavirus Response and Relief
Supplemental Appropriations (CRRSA) Act (P.L. 116-260); and the
American Rescue Plan Act of 2021 (ARPA) (P.L. 117-2).
Terminology Revisions (§§ 10 & 11)
Beginning in FY 24, the bill revises terminology referenced in certain
grant calculations but does not change the methodology by which grant
amounts are calculated. Under the bill, a board is eligible for a special
education excess cost grant if its costs exceed 4.5 times the “net current
expenditures per pupil,” rather than 4.5 times “average per pupil
educational costs.”
Relatedly, the bill revises the definition of “per pupil cost” in current
special education state aid law to mean “net current expenditures per
pupil.” Under current law, the term means “net current expenses,” an
undefined term, divided by the school district’s average daily
membership. (The bill defines “net current expenditures per pupil” as a
school district’s “net current expenditures” divided by its average daily
membership.)
It also makes various conforming changes.
EFFECTIVE DATE: July 1, 2023
Background — Related Bill
sSB 1200 (File 570), § 1, reported favorably by the Appropriations and
Education committees, prohibits SDE from including specified
pandemic relief funds received by school districts when determining
their special education excess cost grant amount.
§ 12 — REMOTE LEARNING USING DUAL INSTRU CTION 2023HB-06762-R010859-BA.DOCX
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Allows dual instruction as part of remote learning when (1) needed to implement a
student’s IEP or 504 plan and (2) part of an intradistrict or interdistrict cooperative
learning program for students on school grounds during a regular school day
Existing law allows local and regional boards of education to
authorize remote learning, limited by various conditions, for grades (1)
9-12 in the 2022-23 and 2023-24 school years and (2) kindergarten
through 12 in the 2024-25 school year and after. “Remote learning” is
instruction using one or more internet-based software platforms as part
of a remote learning model.
Current law prohibits boards that authorize remote learning from
providing dual instruction as part of it. “Dual instruction” is
simultaneous instruction by a teacher to students in-person in the
classroom and students engaged in remote learning.
The bill adds two exceptions to this prohibition. First, it allows dual
instruction when required in, or necessary to implement, a student’s
individualized education program (IEP) or 504 plan (see Background).
Second, the bill allows dual instruction when part of an intradistrict
or interdistrict cooperative learning program that provides remote
learning opportunities to students present in a classroom on school
grounds during a regular school day. At least one certified educator
must be present in the classroom providing the dual instruction, and
another must in the classroom supervising the students receiving the
dual instruction. Also, the program must be implemented under an
agreement between each local or regional board of education and the
exclusive bargaining unit representatives for the certified employees
chosen to participate in the cooperative learning program.
EFFECTIVE DATE: July 1, 2023
Background — IEP and 504 Plan
An IEP is a written statement detailing the student’s academic
achievement level, goals for future achievement, and specialized
educational services needed to reach the goals. Federal law requires
school boards to develop IEPs for students eligible to receive special
education and related services (Individuals with Disabilities Education 2023HB-06762-R010859-BA.DOCX
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Act, 20 U.S.C. § 1400 et seq.).
Section 504 of the federal Rehabilitation Act of 1973 protects students
with mental or physical disabilities from discrimination in public
schools (29 U.S.C. § 794). Students who receive school accommodations
under this law have them memorialized in a written plan, commonly
known as a “504 plan.”
Background — Related Bill
sSB 1200 (File 570), § 2, reported favorably by the Appropriations and
Education committees, allows dual instruction as part of remote
learning when needed to implement a student’s IEP or 504 plan.
§ 13 — SPECIAL EDUCATION TASK FORCE
Expands the charge and membership of the task force studying special education services
and funding and also extends its reporting deadline and termination date
Expanded Scope
PA 21-95 (§ 3), as amended by PA 22-116 (§ 3), established a task force
to study the provision and funding of special education during the 2016-
17 through 2020-21 school years. The bill specifically requires that the
task force focus on special education services delivery and eligibility in
addition to funding as under current law. It also adds the following to
the scope of the task force’s study:
1. the provision of services to gifted and talented students;
2. student services or accommodations as part of a 504 plan;
3. the cost of providing gifted and talented services and its effect on
a board of education’s minimum budget requirement;
4. the level of state reimbursement to boards for gifted and talented
services;
5. school districts’ methods for identifying students who are gifted
and talented, including the criteria they are using and whether
they are over- or under-identifying them;
6. the feasibility of authorizing independent special education 2023HB-06762-R010859-BA.DOCX
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evaluators, from either SDE or hired by a student’s parent or
guardian, to observe special education services being provided
in the classroom;
7. delaying the age when a child requiring special education and
related services receives a classification category for the services;
8. special education student-to-teacher ratios prescribed by case
load policies, regulations, and formulas in effect in other states,
focusing on the number of students and intensity of services
required;
9. prohibiting the use of seclusion and implementing alternative
methods to address certain student behavior; and
10. any other issues or topics relating to special education that the
task force finds necessary.
Membership
The bill also adds the following eight members to the 15-member task
force, bringing the total membership to 23:
1. a representative from an educator preparation program offered a
Connecticut public higher education institution, appointed by
the House minority leader;
2. a representative from an educator preparation program offered
at an independent higher education institution, appointed by the
Senate minority leader;
3. the Education Committee chairpersons and ranking members, or
their designees;
4. the Advisory Council for Special Education chairperson; and
5. a representative of the Connecticut Association of Private Special
Education Facilities, designated by the association.
Reporting and Termination 2023HB-06762-R010859-BA.DOCX
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The bill extends the deadline by which the task force must submit its
final report to the Education Committee and also adds an interim report.
Under the bill, the task force must submit (1) an interim, rather than a
final, report by January 1, 2024, on its findings and (2) a final report on
its findings and recommendations by January 1, 2025.
The bill also extends the task force’s termination date from January 1,
2024, to July 1, 2025, or when it submits the report, whichever is later.
EFFECTIVE DATE: Upon passage
Background — Related Bill
sSB 1200 (File 570), § 3, reported favorably by the Appropriations and
Education committees, (1) expands the charge and membership of the
task force studying special education services and funding and (2)
extends its reporting deadline and termination date.
§ 14 — CHARTER SCHOO L ENROLLMENT CRITERI A
Generally prohibits charter schools from asking about or considering an applicant
student’s need for or receipt of special education and related services, including as part of
enrollment lottery criteria
The bill prohibits state or local charter schools, beginning on July 1,
2023, from requesting information about an applicant student’s need for
special education and related services. It also prohibits these schools
from considering need for these services as part of their enrollment
lottery criteria. The bill makes an exception for schools that receive an
SBE waiver from the enrollment lottery’s requirements because they
have, among other things, a primary purpose of serving students who
require special education.
The bill also makes a conforming change by referring to “English
language learners” as “multilingual learners” (see §§ 17-35 below).
EFFECTIVE DATE: July 1, 2023
Background — Related Bill
sSB 1200 (File 570), § 5, reported favorably by the Appropriations and
Education committees, prohibits charter schools from asking about or
considering an applicant student’s need for or receipt of special 2023HB-06762-R010859-BA.DOCX
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education and related services, including as part of enrollment lottery
criteria.
§ 15 — SPECIAL EDUCATION COMPLAINTS FILED WITH SDE
Requires SDE to post online summaries of (1) special education complaints filed with the
department and (2) corrective actions required by the department
Beginning July 1, 2023, the bill requires SDE to post on its website
summaries of the (1) complaints filed with the department about a
board of education’s or other entity’s provision of special education and
related services to a student and (2) corrective actions required by the
department. Before posting these decisions and documents online, SDE
must redact any personally identifiable student information.
EFFECTIVE DATE: July 1, 2023
Background — Related Bill
sSB 1200 (File 570), § 8, reported favorably by the Appropriations and
Education committees, requires SDE, beginning July 1, 2023, to post on
its website (1) all special education due process decision documents and
(2) any corrective actions taken in response to a complaint about a board
of education or other entity’s provision of special education and related
services.
§ 16 — 504 PLANS AND SCHOOL EMPLOYEES
Prohibits boards of education from disciplining any school employee who discusses or
makes recommendations about student services or accommodations during a 504 plan
meeting
The bill prohibits local or regional boards of education from
disciplining, suspending, terminating, or punishing any school
employee who discusses or makes recommendations about the services
or accommodations for a student’s 504 plan during any meeting held to
discuss the plan. The prohibition extends to the following employees:
1. teachers and substitute teachers;
2. school administrators and superintendents;
3. guidance counselors, school counselors, psychologists, and social
workers; 2023HB-06762-R010859-BA.DOCX
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4. nurses, physicians, school paraprofessionals, or coaches
employed by a local or regional board of education or working in
a public elementary, middle, or high school; or
5. any other people who, in performing their duties, (a) have
regular contact with students and (b) provide services to or on
behalf of students enrolled in a public elementary, middle, or
high school, under a contract with the school board.
Under existing law, similar protections apply to planning and
placement team members, birth-to-three services coordinators, and
certain qualified personnel.
EFFECTIVE DATE: July 1, 2023
Background — Related Bills
sSB 1166 (File 446), favorably reported by the Education Committee,
repeals CGS § 10-222d, which this bill cites to for the statutory definition
of “school employee.”
sSB 1200 (File 570), § 9, reported favorably by the Appropriations and
Education committees, prohibits local and regional boards of education
from punishing a school employee for discussing or making
recommendations about services or accommodations for a student’s 504
plan.
§§ 17 & 18 — MULTILINGUAL LEARNERS’ BILL OF RIGHTS
Changes the term “English learner” to “multilingual learner” in the education statutes;
requires SBE to draft a written bill of rights for parents or guardians of multilingual
learner students
This bill changes the term in education law for a student whose
primary language is not English from “English learner” to “multilingual
learner.” It defines “multilingual learner” using the federal definition of
“English learner,” which means an individual who meets the following
criteria:
1. is aged 3 through 21;
2. is enrolled or preparing to enroll in an elementary school or 2023HB-06762-R010859-BA.DOCX
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secondary school;
3. either (a) was not born in the United States or whose native
language is a language other than English; (b) is a Native
American or Alaska Native, or a native resident of the outlying
areas, and comes from an environment where a language other
than English has had a significant impact on the individual's level
of English language proficiency; or (c) is migratory, whose native
language is a language other than English, and who comes from
an environment where a language other than English is
dominant; and
4. whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny
the individual (a) the ability to meet the challenging state
academic standards, (b) the ability to successfully achieve in
classrooms where the language of instruction is English, or (c) the
opportunity to participate fully in society (20 U.S.C. § 7801).
The bill also requires SBE to draft a written bill of rights for parents
or guardians of multilingual learner (ML) students to guarantee that
their rights are safeguarded and protected when bilingual education is
provided as required under state law. Under the bill, the bill of rights
must include declarations of 15 rights on topics including (1) attending
school regardless of the student’s immigration status, (2) having
translation services provided by the school district, and (3) participating
in a bilingual education program as prescribed by state law. Most of
these rights are already provided either in a U.S. Supreme Court ruling
(see Background) or a state law or regulation.
Beginning with the 2024-25 school year, the bill requires each local
and regional board of education (i.e., “school board”) that provides
bilingual education or English as a new language to (1) give the parents
and guardians of eligible students a copy of the bill of rights in the
parents’ and guardians’ dominant language and (2) make the bill of
rights available on its website.
EFFECTIVE DATE: July 1, 2023 2023HB-06762-R010859-BA.DOCX
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Definitions
Under existing law and unchanged by the bill:
1. “Bilingual education” means a program that: (a) uses both
English and an eligible student’s native language for instruction;
(b) enables the students to achieve English proficiency and
subject matter mastery and higher order skills, including critical
thinking, to meet appropriate grade promotion and graduation
requirements; (c) provides for the continuous increase in the use
of English and corresponding decrease in the use of the native
language within each year and from year to year and provides
for the use of English for more than half of the instructional time
by the end of the first year; (d) may develop eligible students’
native language skills; and (e) may include the participation of
English-proficient students if the program is designed to enable
all students to become more proficient in English and a second
language (CGS § 10-17e(2)).
2. “English as a second language” means a program that uses only
English as the instructional language for eligible students and
enables the students to achieve English proficiency and academic
mastery of subject matter content and higher order skills,
including critical thinking, to meet appropriate grade promotion
and graduation requirements (CGS § 10-17e(3)). (The bill refers
to these programs as “English as a new language.” Presumably,
they are the same thing.)
Components of the Bill of Rights
The bill requires the bill of rights to include some components that
are already law either by a court ruling or under state law. One item,
translation services, is not explicitly guaranteed in any ruling or current
law, but the federal government interprets certain federal laws to
require it.
Right to Translation Services. The bill requires the bill of rights to
include the right to have translation services provided (1) by an
interpreter who is present in person or available by telephone or 2023HB-06762-R010859-BA.DOCX
Researcher: MGS Page 20 6/2/23
through an online technology platform or (2) through a website or other
SBE-approved electronic application, during critical interactions with
teachers and administrators. These interactions must at least include (1)
parent-teacher conferences, (2) meetings with school administrators
attended by the student, and (3) at properly noticed regular or special
meetings of or with members of the school board responsible for the
student’s education.
Guidance from the U.S. departments of Justice and Education states
that schools must provide language translation or interpretation from
appropriate and competent individuals whenever it is requested by a
parent or guardian who has limited English proficiency. The school
must communicate to the parent or guardian in a language they can
understand. Related federal guidance cites Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq.) and the Equal Educational
Opportunities Act of 1974 (20 U.S.C. § 1701-1758) as the legal authority.
But under the bill, school boards must provide the services
guaranteed by the bill of rights, including the right for translation, to the
parents without them requesting it for critical interactions such as
parent-teacher conferences and meetings with school administrators
attended by the student. Although for properly noticed special or
regular meetings of the school board, the parent or guardian must
request translation services at least one day in advance of the meeting.
Other Rights. The following table shows the remaining components
and, if already provided in law, which law is applicable.
Table: Minimum Components Required in Bill of Rights
Right of a Multilingual Learner
(or Their Parent or Guardian)
Bill
Sub-Division
(§)
Relevant Decision or Law
Enrollment
To enroll in school without being
required to submit documentation
of immigration or citizenship
17(a)(2) Supreme Court, Plyler v. Doe
provides same (see Background)
Attend School
To attend public school
regardless of immigration status
17(a)(1) Supreme Court, Plyler v. Doe
provides same (see Background)
2023HB-06762-R010859-BA.DOCX
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Right of a Multilingual Learner
(or Their Parent or Guardian)
Bill
Sub-Division
(§)
Relevant Decision or Law
Bilingual Education
To participate in a bilingual
education program offered by the
school board when there are 20
or more eligible students
classified as dominant in a
language other than English
17(a)(4) & (9) Bilingual education, CGS § 10-17f
provides same; the law requires
boards to provide bilingual education
when there are 20 or more students
in a school dominant in one
language other than English
Notice of Eligibility
To receive written notice, in both
the parent’s dominant language
and English, of student eligibility
for bilingual education or English
as a new language
17(a)(5) State law requires school districts to
hold a meeting with parents of an
eligible student on the benefits of
language programs (CGS § 10-
17f(e)); and by state regulation any
written communication with parents
or guardian must be in their
dominant language and English
(Conn. Agencies Regs., § 10-17h-
13)
Orientation
To receive a school district-
provided, high quality orientation
session in the dominant
language before starting a
bilingual or English as a new
language program; session must
include information on state
standards, tests, expectations,
goals, and program requirements
17(a)(6) Required meeting with parents (as
referenced above) to explain the
benefits of the language programs;
parent may bring an interpreter or
advisor to the meeting (CGS § 10-
17f(e))
Student Progress
Of the parent or guardian to
receive information about the
progress of the student's English
language development
17(a)(7) Parents or guardians must be
notified when the student attains
English proficiency sufficient to leave
the program (Conn. Agencies.
Regs., § 10-17h-10)
Meetings With Staff
Of an English learner student
and the parent or guardian to
meet with school personnel to
discuss the student’s language
development
17(a)(8) Not specifically addressed in law or
regulation
Equal Access School
Programming
To have equal access to all
grade-level school programming
and core grade-level subject
matter
17(a)(10) &
(11)
Requires all public schools to give all
age-eligible students an equal
opportunity to participate in the
activities, programs and courses of
study offered in the public schools
without discrimination due to race,
color, sex, gender identity or 2023HB-06762-R010859-BA.DOCX
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Right of a Multilingual Learner
(or Their Parent or Guardian)
Bill
Sub-Division
(§)
Relevant Decision or Law
expression, religion, national origin,
sexual orientation, or disability (CGS
§ 10-15c)
Federal guidance (similar to that
mentioned above regarding
translation services) indicates
English learners must have equal
access to grade-level curricula and
equal access to all school
programing
Proficiency Testing
To receive annual language
proficiency testing
17(a)(12) English language proficiency testing
must be done annually (Conn.
Agencies Regs., § 10-17h-10)
Intervention Support Services
To receive support services
aligned with any intervention plan
that the school or school district
provides to all students
17(a)(13) No specific requirement in state law
or regulations, but may be captured
in the broad equal opportunity law
mentioned above (CGS § 10-15c)
Continuous Enrollment
To be continuously and annually
enrolled in a bilingual education
or English as a new language
program while the student
remains an eligible student under
state law
17(a)(14) State law provides for 30 months of
bilingual education, and the time
may be extended an additional 30
months if the school board asks the
SDE for the extension or SDE
determines it is necessary (CGS §
10-17f(d))
Recourse for Failure to
Provide Services
A parent or guardian of a
multilingual learner student to
contact SDE with any questions
or concerns about the student’s
right to receive English learner
services or accommodations
available to the student or parent
or guardian, including information
on any recourse for failure of the
school board to provide or
ensure the services or
accommodations
17(a)(15) Regulations allow a parent or
guardian to request a review of any
decision related to placing or not
placing a student in a program; a
parent can also ask for a hearing by
the school board and if the school
board decision is not satisfactory to
the parent, seek an appeal with the
SBE; and, if the parents are
aggrieved by the agency decision,
an appeal to Superior Court is
allowed (Conn. Agencies Regs., §
10-17h-14)
Background — Plyler v. Doe, 457 U.S. 202 (1982)
Under this decision, the Supreme Court ruled that school districts 2023HB-06762-R010859-BA.DOCX
Researcher: MGS Page 23 6/2/23
cannot inquire about a potential student’s immigration status and
cannot use this type of inquiry to refuse to enroll the student. The Court
held that a Texas statute that withheld state funds from local school
districts for the education of children who were not “legally admitted”
into the United States, and that authorized local school districts to deny
enrollment to these children, violated the Equal Protection Clause of the
Fourteenth Amendment.
§§ 19-35 — CONFORMING CHANGES
Makes conforming changes throughout various education statutes
The bill makes conforming changes throughout various education
statutes by changing “English learner” to “multilingual learner.” It also
makes other conforming and technical changes.
EFFECTIVE DATE: July 1, 2023
§ 36 — REPEALER
Repeals two obsolete sections related to English learners or bilingual education
The bill repeals two obsolete sections: one created an English
language learner pilot program (CGS § 10-17n), and the other required
regional education service centers to conduct a survey on English
language learner services and bilingual education provided n their
respective regions (CGS § 10-66t).
EFFECTIVE DATE: Upon passage
COMMITTEE ACTION
Education Committee
Joint Favorable
Yea 35 Nay 9 (03/24/2023)