Researcher: JM Page 1 4/9/24
OLR Bill Analysis
sSB 380
AN ACT CONCERNING SCHOOL DISCIPLINE.
SUMMARY
This bill makes numerous changes to the laws addressing student
suspensions and arrests and school climate efforts in schools.
It includes the following:
1. changes the out-of-school suspension standard for grades
preschool to two, inclusive, to evidence showing that the
student’s conduct on school grounds is behavior that causes
serious physical harm rather than of a violent or sexual nature (§
1);
2. limits out-of-school suspensions for this grade group to no more
than two school days (§ 1);
3. changes the range of student ages, from at least seven years of
age but less than 21 to at least 10 but less than 21, when police
must notify a school superintendent that a student from the
superintendent’s school district is arrested for certain offenses,
and makes other notification changes (§ 2);
4. clarifies that when the school resource officer’s (SRO) law
enforcement agency does not have a chief of police who is Police
Officer Standards and Training Council (POST) certified, then the
SRO instead submits the reports to the superintendent (§ 3);
5. allows a school climate specialist to incorporate the model school
climate improvement plan into his or her school climate
improvement plan, and makes other changes to school climate
law (§§ 4-7); 2024SB-00380-R000347-BA.DOCX
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6. requires the State Department of Education’s (SDE) annual report
on school bullying to include the number of bullying acts
directed at students based on the victim being an actual or
perceived member of a protected class (§ 8); and
7. creates the new position of statewide school climate
improvement director (§ 9).
EFFECTIVE DATE: July 1, 2024, except § 5, which is the same
statutory section as § 4, but with a later effective date, is effective July 1,
2025.
§ 1 – STANDARD FOR EARLY GRADES OUT-OF-SCHOOL
SUSPENSION
The bill changes the standard for out-of-school suspensions for
grades preschool to two, inclusive, to evidence that the student’s
conduct on school grounds is behavior that causes serious physical
harm. Under current law, the standard is conduct of a violent or sexual
nature that endangers persons.
Additionally under the bill in order to suspend a student in these
grades, the school administration must (1) require that the student
receives trauma-informed and developmentally appropriate services
that align with any behavioral intervention plan, individualized
education program, or Section 504 plan (Rehabilitation Act of 1973),
when the student returns to school immediately following the
suspension and (2) consider whether to convene a planning and
placement team meeting to evaluate whether the student may need
special education or related services.
It also limits out-of-school suspensions for this group to no more than
two school days. By law, out-of-school suspensions are otherwise no
more than 10 consecutive school days.
§ 2 – NOTIFICATION REQUIRE MENTS FOLLOWING CERTAIN
STUDENT ARRESTS
The bill changes the range of student ages, from at least seven years
of age but less than 21 to at least 10 but less than 21, when police must 2024SB-00380-R000347-BA.DOCX
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notify a school superintendent that a student from the superintendent’s
school district is arrested for certain offenses.
It also makes changes to the offenses that trigger the notification and
for one group of offenses, what actor makes the notification.
Under current law, if the student is charged with a felony, a class A
misdemeanor, or possession of a facsimile firearm (class B
misdemeanor) the arresting law enforcement agency, by the end of the
weekday following the arrest, must orally notify the superintendent for
the district where the student resides or attends school of the student’s
identity and the arrest offense. Within 72 hours of the arrest, a written
notification must be provided that contains a brief description of the
incident.
Notification of Superintendent
The bill creates two groups of crimes by separating possession of a
firearm, as defined in federal law, from the above-mentioned crimes and
it handles each group’s notification requirement differently.
Under the bill, when a student is charged with possession of a
firearm, as defined in federal law, on school grounds or at a school-
sponsored activity, the notification process is the same as under current
law (see above). Under federal law, firearm means (1) any weapon
(including a starter gun) which will or is designed to fire a projectile by
an explosive action; (2) any firearm muffler or silencer; or (3)
any destructive device, which includes any explosive bomb, grenade, or
mine.
When a student is charged with possession of a facsimile firearm, a
class A misdemeanor, or a felony, other than possession of a firearm, the
judicial branch’s Court Support Services Division must, upon the arrest
being presented to the court, provide a written report of the arrest to the
superintendent of the school district in which the student resides or
attends school. The report must include, at a minimum, (1) the student’s
identity, the arrest violation or violations, a brief description of the
incident and, if applicable, the identity of the alleged victim if the victim 2024SB-00380-R000347-BA.DOCX
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is another enrolled student, and (2) whether the person’s arrest has been
diverted to the community-based diversion system, screened, and
found to be eligible for nonjudicial handling or dismissed by the court.
Once the superintendent receives either of the reports mentioned
above, it must be kept confidential according to state juvenile and youth
confidentiality laws and can only be disclosed as provided in this
section and shall not be further disclosed.
Allowed Disclosure of the Student Record
As under current law, the superintendent can disclose either type of
written report described above to only the principal of the school the
student attends or to the principal or supervisory agent (i.e., an
administrator) of any other school in which the superintendent knows
the person is a student.
The bill maintains the current law requirement for what a principal
may do with the report. This includes disclosing the report only to
special services staff or a consultant (such as a psychiatrist, psychologist,
or social worker) to (1) assess the risk of danger posed by the student to
his or herself, other students, school employees, or school property and
(2) institute an appropriate change of the student’s educational plan or
placement, and for disciplinary purposes. The bill includes a new
requirement that the student cannot be prevented from attending class
before an informal suspension hearing or an expulsion hearing is held.
Expulsion Hearing Prohibited When Student Diverted to
Community-Based Diversion System
The bill prohibits holding an informal suspension hearing or
expulsion hearing when the written report indicates the student’s arrest
has been diverted to the community-based diversion system and found
eligible for nonjudicial handling or the court dismisses the case.
As under current law, if an expulsion hearing is held, police may
testify and give reports if invited to testify by any of certain parties
including the school board, the principal, or the student’s parents or
guardian. 2024SB-00380-R000347-BA.DOCX
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§ 3 – SRO REPORTS
Current law requires each SRO to give his or her agency’s police chief
a report for each investigation or behavioral intervention the SRO
conducts within five days after doing so. The law details what must be
in the report and requires police chiefs to submit SROs’ reports to their
school districts’ superintendents at least monthly.
The bill clarifies that when the SRO’s law enforcement agency does
not have a chief of police who is POST certified, then the SRO instead
submits the reports to the superintendent. (In some towns, by charter or
municipal ordinance, the chief law enforcement officer is the first
selectman.)
§§ 4 & 5 – SCHOOL CLIMATE SURVEY S AND CLIMATE
IMPROVEMENT PLAN S
The bill requires the Social and Emotional Learning and School
Climate Advisory Collaborative (i.e., “the collaborative”) to develop a
(1) school climate survey standard and (2) model school climate
improvement plan. The survey standards must include data collection
standards on diversity, equity, and inclusion and how to reduce data
collection disparities between school districts.
By law, the collaborative is tasked with numerous activities related
to positive school climate including developing a statewide school
climate survey and a model positive school climate policy.
§§ 6 & 7 – LOCAL SCHOOL CLIMATE STEPS
Under current law, a “school climate survey” means a research-
based, validated, and developmentally appropriate survey for students,
school employees, and families of students, in the predominant
languages of the school community, that measures and identifies school
climate needs and tracks progress through a school climate
improvement plan.
The bill adds to this definition the requirement that school climate
surveys meet the collaborative survey standards or use the state-wide 2024SB-00380-R000347-BA.DOCX
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school climate survey that the collaborative develops.
By law, the school climate specialist has numerous duties at the
individual school level. The bill allows a school climate specialist to
incorporate the model school climate improvement plan into his or her
school climate improvement plan. Unchanged from current law, the
school climate specialist must submit the plan to the school district’s
school climate coordinator for review and approval.
§ 8 – RECORDING ACTS OF BULLYING
By law, SDE must annually report to the Education and Children’s
committees and legislative leadership on the status of its efforts to
address school bullying. The report must include the number of verified
bullying acts in the state. The bill additionally requires the report to
include the number of bullying acts directed at students based on the
bullying victim being an actual or perceived member of a protected
class. (Presumably, this means protected class as defined in Connecticut
human rights law.)
§ 9 – STATE DIRECTOR OF SCHOOL CLIMATE IMPROVEMENT
The bill requires SDE to appoint a director of school climate
improvement to serve as the statewide social and emotional learning
and school climate expert. The director is given numerous duties
including annually, beginning by January 1, 2026, submitting a report
to the Education Committee on recommendations for best practices and
school climate improvement strategies in the state.
At the state level, the bill requires the director to:
1. assist the collaborative to develop and implement tools and best
practices for school climate and culture, including developing a
model school climate survey and a model school climate
improvement plan; and
2. in collaboration with the collaborative develop strategies to
improve service delivery concerning social and emotional
learning, skills building, and mental health supports. 2024SB-00380-R000347-BA.DOCX
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At the local level, the bill requires the director to:
1. assist school boards with implementing the (a) state anti-
bullying, school climate, and social and emotional learning
policy and requirements and (b) Connecticut school climate
policy;
2. provide information and assistance to school boards, students,
and parents and guardians of students on the uniform bullying
complaint form;
3. assist school climate coordinators (the districtwide school climate
official) in developing a continuum of strategies to prevent,
identify, and respond to challenging behavior; and
4. develop and provide technical assistance and recommendations,
in collaboration with the collaborative, to school boards on school
employee trainings for the purposes of school climate
improvement.
COMMITTEE ACTION
Education Committee
Joint Favorable Substitute
Yea 31 Nay 13 (03/20/2024)