LCO No. 2701 1 of 11 General Assembly Raised Bill No. 380 February Session, 2024 LCO No. 2701 Referred to Committee on EDUCATION Introduced by: (ED) AN ACT CONCERNING SCHOOL DISCIPLINE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (g) of section 10-233c of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2024): 3 (g) On and after July 1, 2015, all suspensions pursuant to this section 4 shall be in-school suspensions, except a local or regional board of 5 education may authorize the administration of schools under its 6 direction to impose an out-of-school suspension on any pupil in (1) 7 grades three to twelve, inclusive, if, during the hearing held pursuant to 8 subsection (a) of this section, (A) the administration determines that the 9 pupil being suspended poses such a danger to persons or property or 10 such a disruption of the educational process that the pupil shall be 11 excluded from school during the period of suspension, or (B) the 12 administration determines that an out-of-school suspension is 13 appropriate for such pupil based on evidence of (i) previous disciplinary 14 problems that have led to suspensions or expulsion of such pupil, and 15 (ii) efforts by the administration to address such disciplinary problems 16 Raised Bill No. 380 LCO No. 2701 2 of 11 through means other than out-of-school suspension or expulsion, 17 including positive behavioral support strategies, or (2) grades preschool 18 to two, inclusive, if during the hearing held pursuant to subsection (a) 19 of this section, the administration (A) determines that an out-of-school 20 suspension is appropriate for such pupil based on evidence that such 21 pupil's conduct on school grounds is [of a violent or sexual nature that 22 endangers persons] behavior that causes physical harm, (B) requires 23 that such pupil receives services that are trauma-informed and 24 developmentally appropriate and align with any b ehavioral 25 intervention plan, individualized education program or plan pursuant 26 to Section 504 of the Rehabilitation Act of 1973, as amended from time 27 to time, for such pupil upon such pupil's return to school immediately 28 following the out-of-school suspension, and (C) considers whether to 29 convene a planning and placement team meeting for the purposes of 30 conducting an evaluation to determine whether such pupil may require 31 special education or related services. An out-of-school suspension 32 imposed under subdivision (2) of this subsection shall not exceed two 33 school days. An in-school suspension may be served in the school that 34 the pupil attends, or in any school building under the jurisdiction of the 35 local or regional board of education, as determined by such board. 36 Nothing in this section shall limit a person's duty as a mandated 37 reporter pursuant to section 17-101a to report suspected child abuse or 38 neglect. 39 Sec. 2. Section 10-233h of the general statutes is repealed and the 40 following is substituted in lieu thereof (Effective July 1, 2024): 41 (a) If any person who is at least [seven] ten years of age but less than 42 twenty-one years of age and an enrolled student is arrested for [a 43 violation of section 53-206c, a class A misdemeanor or a felony] 44 possession of a firearm, as defined in 18 USC 921, as amended from time 45 to time, on school grounds or at a school-sponsored activity, the 46 municipal police department or Division of State Police within the 47 Department of Emergency Services and Public Protection that made 48 such arrest shall, not later than the end of the weekday following such 49 arrest, orally notify the superintendent of schools of the school district 50 Raised Bill No. 380 LCO No. 2701 3 of 11 in which such person resides or attends school of the identity of such 51 person and the offense or offenses for which he was arrested and shall, 52 within seventy-two hours of such arrest, provide written notification of 53 such arrest, containing a brief description of the incident, to such 54 superintendent. The superintendent shall maintain such written report 55 in a secure location and the information in such report shall be 56 maintained as confidential in accordance with section 46b-124. [The 57 superintendent may disclose such information only to the principal of 58 the school in which such person is a student or to the principal or 59 supervisory agent of any other school in which the superintendent 60 knows such person is a student. The principal or supervisory agent may 61 disclose such information only to special services staff or a consultant, 62 such as a psychiatrist, psychologist or social worker, for the purposes of 63 assessing the risk of danger posed by such person to himself, other 64 students, school employees or school property and effectuating an 65 appropriate modification of such person's educational plan or 66 placement, and for disciplinary purposes. If the arrest occurred during 67 the school year, such assessment shall be completed not later than the 68 end of the next school day. If an expulsion hearing is held pursuant to 69 section 10-233d, a representative of the municipal police department or 70 the Division of State Police, as appropriate, may testify and provide 71 reports and information on the arrest at such hearing, provided such 72 police participation is requested by any of the following: The local or 73 regional board of education, the impartial hearing board, the principal 74 of the school or the student or his parent or guardian. Such information 75 with respect to a child under eighteen years of age shall be confidential 76 in accordance with sections 46b-124 and 54-76l, and shall only be 77 disclosed as provided in this section and shall not be further disclosed.] 78 (b) If any person who is at least ten years of age but less than twenty-79 one years of age and an enrolled student is arrested for a violation of 80 section 53-206c, a class A misdemeanor or a felony, other than 81 possession of a firearm as described in subsection (a) of this section, the 82 Court Support Services Division of the Judicial Branch shall provide a 83 written report of such arrest to the superintendent of schools of the 84 Raised Bill No. 380 LCO No. 2701 4 of 11 school district in which such person resides or attends school upon its 85 presentation to the court, if appropriate. Such notice shall not be 86 provided to the superintendent of schools if the arrest has been diverted 87 to the community-based diversion system, screened and found to be 88 eligible for nonjudicial handling or dismissed by the court. Such written 89 report shall include, but need not be limited to, the identity of such 90 person, the violation or violations for which such person has been 91 arrested, a brief description of the incident that is the basis for such 92 violation and, if applicable, the identity of the alleged victim if such 93 alleged victim is another enrolled student. The superintendent shall 94 maintain such written report in a secure location and the information in 95 such report shall be maintained as confidential in accordance with 96 section 46b-124. 97 (c) (1) The superintendent may disclose a written report described in 98 subsection (a) or (b) of this section only to the principal of the school in 99 which such person is a student or to the principal or supervisory agent 100 of any other school in which the superintendent knows such person is a 101 student. 102 (2) Upon receipt of such written report, the principal or supervisory 103 agent may disclose such report only to special services staff or a 104 consultant, such as a psychiatrist, psychologist or social worker, for the 105 purposes of assessing the risk of danger posed by such person to himself 106 or herself, other students, school employees or school property and 107 effectuating an appropriate modification of such person's educational 108 plan or placement, and for disciplinary purposes. Such person shall not 109 be prevented from attending class prior to the holding of an informal 110 hearing pursuant to section 10-233c, as amended by this act, or an 111 expulsion hearing pursuant to section 10-233d. 112 (d) If an expulsion hearing is held pursuant to section 10-233d, a 113 representative of the municipal police department or the Division of 114 State Police, as appropriate, may testify and provide reports and 115 information on such violation at such hearing, provided such police 116 participation is requested by any of the following: The local or regional 117 Raised Bill No. 380 LCO No. 2701 5 of 11 board of education, the impartial hearing board, the principal of the 118 school or the student or his parent or guardian. Such information with 119 respect to a child under eighteen years of age shall be confidential in 120 accordance with sections 46b-124 and 54-76l, and shall only be disclosed 121 as provided in this section and shall not be further disclosed. 122 Sec. 3. Section 10-233p of the 2024 supplement to the general statutes 123 is repealed and the following is substituted in lieu thereof (Effective July 124 1, 2024): 125 Each school resource officer, as defined in section 10-233m, shall 126 submit to the chief of police of such school resource officer's local law 127 enforcement agency a report for each investigation or behavioral 128 intervention of challenging behavior or conflict that escalates to violence 129 or constitutes a crime conducted by such school resource officer not later 130 than five school days after conducting such investigation or behavioral 131 intervention. The chief of police shall submit such report to the 132 superintendent of schools for the school district in which such 133 investigation or behavioral intervention occurred in accordance with 134 the provisions of the memorandum of understanding entered into 135 pursuant to section 10-233m, but shall be not less frequently than 136 monthly. If a school resource officer's local law enforcement agency has 137 no chief of police, such school resource officer shall submit such report 138 directly to the superintendent of schools for the school district in which 139 such investigation or behavioral intervention occurred in the same 140 manner specified in this section for the chief of police to submit such 141 report. Such superintendent shall submit such report to the local or 142 regional board of education of the school district. Such report shall 143 include, but need not be limited to, (1) the date, time and location of 144 such investigation or behavioral intervention, (2) the name and badge 145 number of such school resource officer, (3) the race, ethnicity, gender, 146 age and disability status for each student involved in such investigation 147 or behavioral intervention, (4) the reason for and nature of such 148 investigation or behavioral intervention, (5) the disposition of such 149 investigation or behavioral intervention, and (6) whether any student 150 involved in such investigation or behavioral intervention was (A) 151 Raised Bill No. 380 LCO No. 2701 6 of 11 searched, (B) apprised of such student's constitutional rights, (C) issued 152 a citation or a summons, (D) arrested, or (E) detained, including the 153 amount of time such student was detained. For purposes of this section, 154 "investigation or behavioral intervention" means a circumstance in 155 which a school resource officer is conducting (i) a fact-finding inquiry 156 concerning student behavior or school safety, including, but not limited 157 to, emergency circumstances, or (ii) an intervention to resolve violent or 158 nonviolent student behavior or conflicts. 159 Sec. 4. Subsection (a) of section 10-222q of the 2024 supplement to the 160 general statutes is repealed and the following is substituted in lieu 161 thereof (Effective July 1, 2024): 162 (a) There is established a social and emotional learning and school 163 climate advisory collaborative. The collaborative shall (1) collect 164 information concerning the school climate improvement efforts of local 165 and regional boards of education, (2) document any needs articulated 166 by local and regional boards of education for technical assistance and 167 training relating to fostering positive school climates, (3) identify best 168 practices for promoting positive school climates, (4) direct resources to 169 support state-wide and local initiatives on issues relating to fostering 170 and improving positive school climates and improving access to social 171 and emotional learning in schools, (5) develop an assessment for 172 screening students in grades three to twelve, inclusive, to determine 173 whether such students are at risk for suicide, (6) develop a biennial state-174 wide school climate survey, as described in subsection (c) of section 2 of 175 public act 19-166, (7) develop a model positive school climate policy, as 176 described in subsection (a) of section 2 of public act 19-166, (8) develop 177 a plain language explanation of the rights and remedies available under 178 sections 10-4a and 10-4b for distribution to parents and guardians 179 pursuant to subdivision (2) of subsection (c) of section 10-222d, and 180 provide such explanation to each local and regional board of education 181 not later than January 1, 2021, (9) develop school climate survey 182 standards, including, but not limited to, standards for the collection of 183 data on diversity, equity and inclusion and for the reduction in 184 disparities in data collection between school districts, (10) develop a 185 Raised Bill No. 380 LCO No. 2701 7 of 11 model school climate improvement plan, and [(9)] (11) perform other 186 functions concerning social and emotional learning and fostering 187 positive school climates. 188 Sec. 5. Subsection (a) of section 10-222q of the 2024 supplement to the 189 general statutes, as amended by section 65 of public act 23-167, is 190 repealed and the following is substituted in lieu thereof (Effective July 1, 191 2025): 192 (a) There is established a social and emotional learning and school 193 climate advisory collaborative. The collaborative shall (1) collect 194 information concerning the school climate improvement efforts of local 195 and regional boards of education, (2) document any needs articulated 196 by local and regional boards of education for technical assistance and 197 training relating to fostering positive school climates, (3) identify best 198 practices for promoting positive school climates, (4) direct resources to 199 support state-wide and local initiatives on issues relating to fostering 200 and improving positive school climates and improving access to social 201 and emotional learning in schools, (5) develop an assessment for 202 screening students in grades three to twelve, inclusive, to determine 203 whether such students are at risk for suicide, (6) develop a biennial state-204 wide school climate survey, as described in subsection (c) of section 2 of 205 public act 19-166, (7) adopt a Connecticut school climate policy, as 206 defined in section 10-222aa, as amended by this act, (8) develop a plain 207 language explanation of the rights and remedies available under 208 sections 10-4a and 10-4b for distribution to parents and guardians, and 209 provide such explanation to each local and regional board of education 210 not later than January 1, 2021, (9) develop standards for a school climate 211 survey, including, but not limited to, standards for the collection of data 212 on diversity, equity and inclusion and for the reduction in disparities in 213 data collection between school districts, (10) develop a model school 214 climate improvement plan, and [(9)] (11) perform other functions 215 concerning social and emotional learning and fostering positive school 216 climates. 217 Sec. 6. Subdivision (12) of section 10-222aa of the 2024 supplement to 218 Raised Bill No. 380 LCO No. 2701 8 of 11 the general statutes is repealed and the following is substituted in lieu 219 thereof (Effective July 1, 2024): 220 (12) "School climate survey" means a research-based, validated and 221 developmentally appropriate survey administered to students, school 222 employees and families of students, in the predominant languages of 223 the members of the school community, that (A) measures and identifies 224 school climate needs and tracks progress through a school climate 225 improvement plan, and (B) (i) meets the school climate survey standards 226 developed by the Social and Emotional Learning and School Climate 227 Advisory Collaborative, established pursuant to section 10-222q, as 228 amended by this act, or (ii) is the state-wide school climate survey 229 developed by said collaborative. 230 Sec. 7. Subsection (a) of section 10-222hh of the 2024 supplement to 231 the general statutes is repealed and the following is substituted in lieu 232 thereof (Effective July 1, 2024): 233 (a) For the school year commencing July 1, 2025, and each school year 234 thereafter, the school climate specialist, as described in section 10-222ee, 235 for each school, in collaboration with the school climate coordinator, as 236 described in section 10-222dd, shall develop, and update as necessary, a 237 school climate improvement plan. Such plan shall be based on the 238 results of the school climate survey, administered pursuant to section 239 10-222gg, any recommendations from the school climate committee, as 240 described in section 10-222ff, the protocols and supports, described in 241 subsection (b) of this section and any other data the school climate 242 specialist and school climate coordinator deemed relevant. Such plan 243 may incorporate the model school climate improvement plan developed 244 by the Social and Emotional Learning and School Climate Advisory 245 Collaborative, established pursuant to section 10-222q, as amended by 246 this act. [Such plan] The school climate specialist shall [be submitted] 247 submit such plan to the school climate coordinator for review and 248 approval on or before December thirty-first of each school year. Upon 249 approval of such plan, a written or electronic copy of such plan shall be 250 made available to members of the school community and such plan shall 251 Raised Bill No. 380 LCO No. 2701 9 of 11 be used in the prevention of, identification of and response to 252 challenging behavior. 253 Sec. 8. Subsection (b) of section 10-222h of the general statutes is 254 repealed and the following is substituted in lieu thereof (Effective July 1, 255 2024): 256 (b) On or before February 1, 2014, and annually thereafter, the 257 department shall, in accordance with the provisions of section 11-4a, 258 submit a report on the status of its efforts pursuant to this section 259 including, but not limited to, (1) the number of verified acts of bullying 260 in the state, including, but not limited to, the number of such acts 261 directed at a student based on actual or perceived membership in a 262 protected class, (2) an analysis of the responsive action taken by school 263 districts, (3) an analysis of student responses on the uniform grade-level 264 appropriate questions described in subparagraph (A) of subdivision (4) 265 of subsection (a) of this section, and (4) any recommendations it may 266 have regarding additional activities or funding to prevent bullying in 267 schools and improve school climate to the joint standing committees of 268 the General Assembly having cognizance of matters relating to 269 education and children and to the speaker of the House of 270 Representatives, the president pro tempore of the Senate and the 271 majority and minority leaders of the House of Representatives and the 272 Senate. 273 Sec. 9. (NEW) (Effective July 1, 2024) The Department of Education 274 shall appoint a director of school climate improvement to serve as the 275 state-wide social and emotional learning and school climate expert. The 276 director of school climate improvement shall (1) assist local and regional 277 boards of education with the implementation of (A) sections 10-222t to 278 10-222v, inclusive, and sections 10-222aa to 10-222jj, inclusive, of the 279 general statutes, as amended by this act, and (B) the Connecticut school 280 climate policy, as defined in section 10-222aa of the general statutes, as 281 amended by this act, (2) assist the Social and Emotional Learning and 282 School Climate Advisory Collaborative, established pursuant to section 283 10-222q of the general statutes, as amended by this act, in the 284 Raised Bill No. 380 LCO No. 2701 10 of 11 development and implementation of tools and best practices related to 285 school climate and culture, including, but not limited to, the 286 development of a model school climate survey and a model school 287 climate improvement plan, (3) provide information and assistance to 288 local and regional boards of education, students and parents and 289 guardians of students on the uniform bullying complaint form created 290 pursuant to section 10-222bb of the general statutes, (4) not later than 291 January 1, 2026, and annually thereafter, submit a report, in accordance 292 with the provisions of section 11-4a of the general statutes, to the joint 293 standing committee of the General Assembly having cognizance of 294 matters relating to education on recommendations for best practices and 295 improvement of school climate improvement strategies in the state, (5) 296 assist school climate coordinators, appointed pursuant to section 10-297 222dd of the general statutes, in the development of a continuum of 298 strategies to prevent, identify and respond to challenging behavior, (6) 299 develop and provide technical assistance and recommendations, in 300 collaboration with the Social and Emotional Learning and School 301 Climate Advisory Collaborative, to local and regional boards of 302 education on trainings for school employees for the purposes of school 303 climate improvement, and (7) in collaboration with the Social and 304 Emotional Learning and School Climate Advisory Collaborative, 305 develop strategies to improve the delivery of services concerning social 306 emotional learning, skills building and mental health supports. 307 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2024 10-233c(g) Sec. 2 July 1, 2024 10-233h Sec. 3 July 1, 2024 10-233p Sec. 4 July 1, 2024 10-222q(a) Sec. 5 July 1, 2025 10-222q(a) Sec. 6 July 1, 2024 10-222aa(12) Sec. 7 July 1, 2024 10-222hh(a) Sec. 8 July 1, 2024 10-222h(b) Sec. 9 July 1, 2024 New section Raised Bill No. 380 LCO No. 2701 11 of 11 Statement of Purpose: To (1) require services to be provided for certain youth who receive out- of-school suspensions; (2) revise the procedures by which notification is to be made to superintendents upon the arrest of a student; (3) clarify school resource officer reporting requirements; (4) require the Social and Emotional Learning and School Climate Advisory Collaborative to develop standards for a school climate survey and a model school climate improvement plan; (5) require the school climate survey to meet the standards developed by the collaborative or be the state-wide school climate survey developed by the collaborative; (6) allow school climate specialists to incorporate the model school climate improvement plan in a school climate improvement plan for such specialist's school; and (7) require the Department of Education to (A) report on or before February 1, 2025, the number of acts of bullying based on a student's membership in a protected class, and (B) appoint a director of school climate improvement. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]