Connecticut 2024 2024 Regular Session

Connecticut Senate Bill SB00380 Introduced / Bill

Filed 03/06/2024

                       
 
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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repealed and the following is substituted in lieu thereof (Effective July 1, 2 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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
 
 
 
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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 
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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.]