O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-150—HB 6762
Education Committee
AN ACT CONCERNING EA RLY CHILDHOOD EDUCAT ION, AN AUDIT
OF THE STATE -WIDE MA STERY EXAMINATION, T HE
ESTABLISHMENT OF THE CONNECTICUT CIVICS E DUCATION AND
MEDIA LITERACY TASK FORCE, THE PROVISION OF SPECIAL
EDUCATION, AND A BIL L OF RIGHTS FOR MULT ILINGUAL
LEARNER STUDENTS
TABLE OF CONTENTS:
§ 1 — SCHOOL READINESS PROGRAM PER CHILD COST
Extends the FY 21 cap on the school readiness program’s per child cost rate through FY 24 and
increases it beginning in FY 25
§ 2 — CARE 4 KIDS PROGRAM
Allows OEC to establish a protective service class making certain foster care children, newly
adopted children, and homeless children categorically eligible for the Care 4 Kids program
§ 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 CHILDH OOD COUNCILS AS
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 school social studies program of instruction
§ 8 — CTECS PROGRAM AND CAREER ALIGNMENT STUDY
Requires the CTECS board to study its programs to determine whether they align with the
technical careers available in Connecticut
§§ 9-11 — STATE AID FOR SPECIAL EDUCATION O L R P U B L I C A C T S U M M A R Y
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Prohibits 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
§ 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 or (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 scope and membership of the task force studying special education services and
funding; extends its reporting deadline and termination date
§ 14 — CHARTER SCHOOL ENROLLMENT 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 the department requires
§ 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 regarding multilingual learners
§ 36 — REPEALER
Repeals two obsolete sections related to English learners or bilingual education
SUMMARY: This act makes various changes in the education statutes, described
below in a section-by-section analysis.
EFFECTIVE DATE: Various; see below
§ 1 — SCHOOL READINESS PROGRAM PER CHILD COST
Extends the FY 21 cap on the school readiness program’s per child cost rate through FY 24 and
increases it beginning in FY 25
The act 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 act increases the cap to $10,500. O L R P U B L I C A C T S U M M A R Y
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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 three-, four-, and five-year-old children not eligible to enroll in school.
EFFECTIVE DATE: July 1, 2023
Background — Related Acts
PA 23-204, § 330, makes an identical change regarding the per child cost for
school readiness.
PA 23-160, §§ 35 & 37, makes school readiness eligibility begin at birth
effective July 1, 2023.
§ 2 — CARE 4 KIDS PROGRAM
Allows OEC to establish a protective service class making certain foster care children, newly
adopted children, and homeless children categorically eligible for the Care 4 Kids program
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 act 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 that she
prescribes and the Office of Policy and Management reviews. Specifically, she can
institute this class for (1) children placed in a foster home by the Department of
Children and Families 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 EPINEPHRINE AUTHORIZATIO N 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
The act 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 act 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 O L R P U B L I C A C T S U M M A R Y
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administering person must have received training, either through certain first aid
courses or from specified health professionals, in (1) recognizing the signs and
symptoms of anaphylaxis, (2) using an epinephrine cartridge injector, and (3)
following emergency protocols.
The act 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 act 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
The act 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 — Statewide Mastery
Exams) 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 exam and assessments, including the amount of time taken away
from regular instruction; and
3. recommendations on limiting the amount of time devoted to administering
these exams and assessments.
Additionally, the act specifies that if a grant to conduct the audit is available
under the federal Every Student Succeeds Act, the commissioner must apply for the
grant and the audit must comply with requirements in federal law for grant
applications for state assessments and related activities (20 U.S.C. §§ 6361 - 6363).
EFFECTIVE DATE: July 1, 2023
Background — Related Act
PA 23-167, § 25, contains nearly identical requirements. O L R P U B L I C A C T S U M M A R Y
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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, and mathematics skills;
2. for grades 5, 8, and 11, exams measuring science skills; and
3. for grade 11, a nationally recognized, SBE-approved college readiness
assessment (i.e., the SAT) measuring reading, writing and mathematics
skills (CGS § 10-14n(a)).
§§ 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 school social studies program of instruction
Task Force (§ 6)
Scope. The act creates the 18-member Connecticut Civics Education, Civics
Engagement, and Media Literacy Task Force to study and develop strategies to
improve and promote “civic engagement” (i.e., participation in improving a
community’s quality of life and developing the knowledge and skills to enable this
participation).
The task force also must study and develop strategies to improve instruction on
civics, citizenship, media literacy, and American government. Under the act, (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. a review of existing state and national curricula and standards, 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. recommendations from educators, administrators, government entities,
nongovernmental organizations, and the public;
3. a review of existing civics, citizenship, media literacy, and American
government educational opportunities provided throughout Connecticut by
governmental entities and nongovernmental organizations; and
4. an exploration of the feasibility of establishing public and private
partnerships to fund, coordinate, promote, and support enhancements to
engagement and instruction.
Membership. Under the act, the task force consists of seven legislative
appointees, shown in the table below, and 11 ex-officio members. Each appointed
member may be a legislator.
All initial appointments must be made by July 28, 2023. The appointing O L R P U B L I C A C T S U M M A R Y
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authority for each position must fill any vacancy that may arise.
Connecticut Civics Education, Civics Engagement, and Media Literacy Task Force
Appointed Members
Appointing Authority Appointee Qualifications
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
House minority leader A representative of the Connecticut Association 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 act, 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, which must be held by August 27,
2023.
The Education Committee’s administrative staff must serve as the task force
staff.
Duration and Final Report. The act 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. O L R P U B L I C A C T S U M M A R Y
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Required Program of Instruction (§ 7)
Beginning in the 2025-26 school year, the act 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 social studies, among other
subject areas, which includes citizenship, economics, geography, government,
history, and Holocaust and genocide education and awareness.
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.
§ 8 — CTECS PROGRAM AND CAREER ALIGNMENT STUDY
Requires the CTECS board to study its programs to determine whether they align with the
technical careers available in Connecticut
The act 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 the following:
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 these jobs, and
3. partnership opportunities with Connecticut employers or labor
organizations to provide relevant apprenticeships or internships.
By January 1, 2025, the board must submit a report to the Education Committee
on the study with any legislative or policy recommendations for improving
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 EDUCATION
Prohibits 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 Excess Cost Grant Calculations (§ 9)
By law, boards of education may receive a special education “excess cost grant”
from SBE when a child’s reasonable special education costs exceed 4.5 times the
board’s average per pupil educational costs (CGS § 10-76g(b)).
Beginning in FY 24, the act prohibits the State Department of Education (SDE)
from including federal COVID-19 relief funds when calculating a board’s “net
current expenditures per pupil” (see §§ 10 & 11, below) for determining the amount
of its excess cost grant. Specifically, SDE must exclude from the calculation any O L R P U B L I C A C T S U M M A R Y
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funds a board received 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 act revises terminology referenced in the state’s special
education excess cost grant calculations but does not change the essential
methodology used to calculate grant amounts. Under prior law, a board qualified
for this grant if its special education costs exceeded 4.5 times its “average pupil
educational costs,” an undefined term. Under the act, a board qualifies if its special
education costs exceed 4.5 times its “net current expenditures per pupil,” which is
the school district’s “net current expenditures” as defined in existing law, divided
by its “average daily membership” as defined in existing law.
Relatedly, the act revises the definition of “per pupil cost” in special education
state aid law. Prior law defined the term to mean “net current expenses,” an
undefined term, divided by the school district’s average daily membership. The act
instead defines it to mean a district’s “net current expenditures,” divided by its
average daily membership, as these terms are defined in existing law.
It also makes various technical and conforming changes.
EFFECTIVE DATE: July 1, 2023
§ 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 or (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 beginning in the 2024-25
school year. “Remote learning” is instruction using one or more internet-based
software platforms as part of a remote learning model.
Prior law prohibited boards from providing dual instruction to students in all
grade levels as part of remote learning, should boards chose to authorize it. Existing
law, unchanged by the act, defines “dual instruction” as simultaneous instruction
by a teacher to students in-person in the classroom and to students engaged in
remote learning. The act adds two exceptions to this prohibition.
First, it allows dual instruction when it is required in, or necessary to implement,
a student’s individualized education program (IEP) or 504 plan. As required by
federal law, these written plans outline educational services and accommodations
to help students who are eligible for special education reach their academic
achievement goals (i.e., IEPs) or to protect students with mental or physical
disabilities from discrimination in public schools (i.e., 504 plans).
Second, the act allows dual instruction when part of an intradistrict or
interdistrict cooperative learning program that provides remote learning O L R P U B L I C A C T S U M M A R Y
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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 or 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
§ 13 — SPECIAL EDUCATION TASK FORCE
Expands the scope and membership of the task force studying special education services and
funding; extends its reporting deadline and termination date
Expanded Scope
Prior law established a task force to study the provision and funding of special
education during the 2016-17 through 2020-21 school years. The act specifically
requires that the task force focus on special education services delivery and
eligibility in addition to funding as under prior law. It also adds the following to the
scope of the task force’s study:
1. providing services to gifted and talented students;
2. student services or accommodations in 504 plans;
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 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 act also adds the following eight members to the 15-member task force,
bringing its total membership to 23:
1. two representatives from Connecticut educator preparation programs, (a) O L R P U B L I C A C T S U M M A R Y
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one from a program offered by public higher education institution,
appointed by the House minority leader; and (b) another from a program
offered at an independent higher education institution, appointed by the
Senate minority leader;
2. the Education Committee chairpersons and ranking members, or their
designees;
3. the Advisory Council for Special Education chairperson; and
4. a representative of the Connecticut Association of Private Special
Education Facilities, designated by the association.
The appointing authorities must appoint the additional members by July 28,
2023, and, as under existing law, must fill any vacancies that may arise.
Reporting and Termination
The act extends the deadline by which the task force must submit its final report
to the Education Committee and adds an interim report. Under the act, the task force
must submit (1) an interim, rather than a final, report on its findings by January 1,
2024, and (2) a final report on its findings and recommendations by January 1,
2025.
The act 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
§ 14 — CHARTER SCHOOL ENROL LMENT 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
The act prohibits state or local charter schools, beginning on July 1, 2023, from
asking on their enrollment application about a prospective student’s need for or
receipt of special education and related services. It also prohibits these schools from
considering need for these services as part of their enrollment lottery criteria. The
act makes an exception for schools that receive an SBE waiver from the enrollment
lottery’s requirements because they have a primary purpose of, among other things,
serving students who require special education.
The act also makes a conforming change by replacing the term “English
language learners” with “multilingual learners” (see §§ 17-35 below).
EFFECTIVE DATE: July 1, 2023
§ 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 the department requires
Beginning July 1, 2023, the act requires SDE to post on its website summaries
of the (1) complaints filed with the department about a board of education’s or other O L R P U B L I C A C T S U M M A R Y
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entity’s provision of special education and related services to a student and (2)
corrective actions the department requires. Before posting these decisions and
documents online, SDE must redact any personally identifiable student
information.
EFFECTIVE DATE: July 1, 2023
§ 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 act prohibits local or regional boards of education from disciplining,
suspending, terminating, or otherwise 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 (see Background —
Related Act).
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 Act
PA 23-167, § 87, repeals the statutory definition of “school employee” to which
the act cites.
§§ 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
The act changes the term used 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 is 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 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 O L R P U B L I C A C T S U M M A R Y
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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 act 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. 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 — Plyler v. Doe,
457 U.S. 202 (1982)), federal guidance, or a state law or regulation.
Beginning with the 2024-25 school year, the act 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
Definitions
Existing law, unchanged by the act, defines two key terms as follows:
1. “Bilingual education” is a program that: (a) uses both English and an
eligible student’s native language for instruction; (b) enables the student 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” is a program that uses only English as the
instructional language for eligible students and enables them 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 act refers
to these programs as “English as a new language.” Presumably, they are the
same.)
Components of the Bill of Rights
The act requires the bill of rights to include some components that are already
law either by a court ruling, federal guidance interpreting federal law, or under state
law. One component, translation services, is not explicitly guaranteed in any ruling O L R P U B L I C A C T S U M M A R Y
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or current law, but the federal government interprets certain federal laws to require
it. Also, the explicit right to meet with school personnel to discuss the language
development matters is not already in law (although the law does require a meeting
for staff to explain the benefits of language programs; it is not a right for ongoing
meetings (see table below)).
Right to Translation Services
During critical interactions with teachers and administrators, the act 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 through an online
technology platform or (2) through a website or other SBE-approved electronic
application. These interactions must at least include (1) parent-teacher conferences,
(2) meetings with school administrators attended by the student, and (3) 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 Education and Justice states that schools
must provide language translation or interpretation from appropriate and competent
individuals whenever it is needed 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. The 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.
Under the act, 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. However, 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 required components
in each school board’s bill of rights and, if already required by law, which law is
relevant.
Minimum Components Required in Bill of Rights
Right of a Multilingual Learner
(or Their Parent or Guardian)
Act 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 —
Plyler v. Doe, 457 U.S. 202 (1982))
Attend School
To attend public school regardless of
immigration status
17(a)(1) Supreme Court, Plyler v. Doe
provides same (see Background —
Plyler v. Doe, 457 U.S. 202 (1982))
Bilingual Education
To participate in a bilingual
education (or English as a new
17(a)(4) & (9) For bilingual education, CGS § 10-
17f provides same; the law requires
boards to provide bilingual education O L R P U B L I C A C T S U M M A R Y
Page 14 of 16
Right of a Multilingual Learner
(or Their Parent or Guardian)
Act Sub-
Division (§)
Relevant Decision or Law
language) program offered by the
school board when there are at least
20 eligible students classified as
dominant in a language other than
English
when there are at least 20 students
in a school dominant in one
language other than English
Notice of Eligibility
To receive written notice, in both
parents’ dominant language and
English, about 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)); state regulation requires any
written communication with parents
or guardian to 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) State law requires a 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 level 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
expression, religion, national origin,
sexual orientation, or disability (CGS
§ 10-15c)
Federal guidance (similar to that
mentioned above regarding O L R P U B L I C A C T S U M M A R Y
Page 15 of 16
Right of a Multilingual Learner
(or Their Parent or Guardian)
Act Sub-
Division (§)
Relevant Decision or Law
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);
federal guidance says school boards
must ensure English learners can
participate equally in educational
programs
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
SDE for the extension or SDE
determines it is necessary (CGS §
10-17f(d))
Recourse for Failure to Provide
Services
For a parent or guardian of an ML
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 the school board’s
failure 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 may 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,
they may appeal to Superior Court
(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 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 violated the Equal
Protection Clause of the Fourteenth Amendment because it withheld state funds
from local school districts for the education of children who were not “legally
admitted” into the United States and authorized local school districts to deny
enrollment to these children. O L R P U B L I C A C T S U M M A R Y
Page 16 of 16
§§ 19-35 — CONFORMING CHANGES
Makes conforming changes throughout various education statutes regarding multilingual learners
The act 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 act 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 in their respective regions (CGS § 10-66t).
EFFECTIVE DATE: Upon passage