Connecticut 2024 Regular Session

Connecticut Senate Bill SB00380 Latest Draft

Bill / Comm Sub Version Filed 04/09/2024

                             
 
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General Assembly  Substitute Bill No. 380  
February Session, 2024 
 
 
 
 
 
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repealed and the following is substituted in lieu thereof (Effective July 1, 2 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 
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  Substitute Bill No. 380 
 
 
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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 serious physical harm, (B) 23 
requires 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 
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  Substitute Bill No. 380 
 
 
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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 
school district in which such person resides or attends school upon the 85 
presentation of such arrest to the court. Such written report shall 86 
include, but need not be limited to, the identity of such person, the 87  Substitute Bill No. 380 
 
 
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violation or violations for which such person has been arrested, a brief 88 
description of the incident that is the basis for such violation and, if 89 
applicable, the identity of the alleged victim if such alleged victim is 90 
another enrolled student, and whether such person's arrest has been 91 
diverted to the community-based diversion system, screened and found 92 
to be eligible for nonjudicial handling or dismissed by the court. The 93 
superintendent shall maintain such written report in a secure location 94 
and the information in such report shall be maintained as confidential 95 
in accordance with sections 46b-124 and 54-76l, and shall only be 96 
disclosed as provided in this section and shall not be further disclosed. 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 such 106 
person's self, 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 
(3) An informal hearing pursuant to section 10-233c, as amended by 113 
this act, or an expulsion hearing pursuant to section 10-233d shall not be 114 
held for any person whose written report indicates that such person's 115 
arrest has been diverted to the community-based diversion system, 116 
screened and found to be eligible for nonjudicial handling or dismissed 117 
by the court. 118 
(d) If an expulsion hearing is held pursuant to section 10-233d, a 119  Substitute Bill No. 380 
 
 
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representative of the municipal police department or the Division of 120 
State Police, as appropriate, may testify and provide reports and 121 
information on such violation at such hearing, provided such police 122 
participation is requested by any of the following: The local or regional 123 
board of education, the impartial hearing board, the principal of the 124 
school or the student or his parent or guardian. Such information with 125 
respect to a child under eighteen years of age shall be confidential in 126 
accordance with sections 46b-124 and 54-76l, and shall only be disclosed 127 
as provided in this section and shall not be further disclosed. 128 
Sec. 3. Section 10-233p of the 2024 supplement to the general statutes 129 
is repealed and the following is substituted in lieu thereof (Effective July 130 
1, 2024): 131 
Each school resource officer, as defined in section 10-233m, shall 132 
submit to the chief of police of such school resource officer's local law 133 
enforcement agency a report for each investigation or behavioral 134 
intervention of challenging behavior or conflict that escalates to violence 135 
or constitutes a crime conducted by such school resource officer not later 136 
than five school days after conducting such investigation or behavioral 137 
intervention. The chief of police shall submit such report to the 138 
superintendent of schools for the school district in which such 139 
investigation or behavioral intervention occurred in accordance with 140 
the provisions of the memorandum of understanding entered into 141 
pursuant to section 10-233m, but shall be not less frequently than 142 
monthly. If the chief of police of the school resource officer's local law 143 
enforcement agency is not certified by the Police Officer Standards and 144 
Training Council pursuant to section 7-294d, such school resource 145 
officer shall submit such report directly to the superintendent of schools 146 
for the school district in which such investigation or behavioral 147 
intervention occurred in the same manner specified in this section for 148 
the chief of police to submit such report. Such superintendent shall 149 
submit such report to the local or regional board of education of the 150 
school district. Such report shall include, but need not be limited to, (1) 151 
the date, time and location of such investigation or behavioral 152 
intervention, (2) the name and badge number of such school resource 153  Substitute Bill No. 380 
 
 
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officer, (3) the race, ethnicity, gender, age and disability status for each 154 
student involved in such investigation or behavioral intervention, (4) 155 
the reason for and nature of such investigation or behavioral 156 
intervention, (5) the disposition of such investigation or behavioral 157 
intervention, and (6) whether any student involved in such 158 
investigation or behavioral intervention was (A) searched, (B) apprised 159 
of such student's constitutional rights, (C) issued a citation or a 160 
summons, (D) arrested, or (E) detained, including the amount of time 161 
such student was detained. For purposes of this section, "investigation 162 
or behavioral intervention" means a circumstance in which a school 163 
resource officer is conducting (i) a fact-finding inquiry concerning 164 
student behavior or school safety, including, but not limited to, 165 
emergency circumstances, or (ii) an intervention to resolve violent or 166 
nonviolent student behavior or conflicts. 167 
Sec. 4. Subsection (a) of section 10-222q of the 2024 supplement to the 168 
general statutes is repealed and the following is substituted in lieu 169 
thereof (Effective July 1, 2024): 170 
(a) There is established a social and emotional learning and school 171 
climate advisory collaborative. The collaborative shall (1) collect 172 
information concerning the school climate improvement efforts of local 173 
and regional boards of education, (2) document any needs articulated 174 
by local and regional boards of education for technical assistance and 175 
training relating to fostering positive school climates, (3) identify best 176 
practices for promoting positive school climates, (4) direct resources to 177 
support state-wide and local initiatives on issues relating to fostering 178 
and improving positive school climates and improving access to social 179 
and emotional learning in schools, (5) develop an assessment for 180 
screening students in grades three to twelve, inclusive, to determine 181 
whether such students are at risk for suicide, (6) develop a biennial state-182 
wide school climate survey, as described in subsection (c) of section 2 of 183 
public act 19-166, (7) develop a model positive school climate policy, as 184 
described in subsection (a) of section 2 of public act 19-166, (8) develop 185 
a plain language explanation of the rights and remedies available under 186 
sections 10-4a and 10-4b for distribution to parents and guardians 187  Substitute Bill No. 380 
 
 
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pursuant to subdivision (2) of subsection (c) of section 10-222d, and 188 
provide such explanation to each local and regional board of education 189 
not later than January 1, 2021, (9) develop school climate survey 190 
standards, including, but not limited to, standards for the collection of 191 
data on diversity, equity and inclusion and for the reduction in 192 
disparities in data collection between school districts, (10) develop a 193 
model school climate improvement plan, and [(9)] (11) perform other 194 
functions concerning social and emotional learning and fostering 195 
positive school climates. 196 
Sec. 5. Subsection (a) of section 10-222q of the 2024 supplement to the 197 
general statutes, as amended by section 65 of public act 23-167, is 198 
repealed and the following is substituted in lieu thereof (Effective July 1, 199 
2025): 200 
(a) There is established a social and emotional learning and school 201 
climate advisory collaborative. The collaborative shall (1) collect 202 
information concerning the school climate improvement efforts of local 203 
and regional boards of education, (2) document any needs articulated 204 
by local and regional boards of education for technical assistance and 205 
training relating to fostering positive school climates, (3) identify best 206 
practices for promoting positive school climates, (4) direct resources to 207 
support state-wide and local initiatives on issues relating to fostering 208 
and improving positive school climates and improving access to social 209 
and emotional learning in schools, (5) develop an assessment for 210 
screening students in grades three to twelve, inclusive, to determine 211 
whether such students are at risk for suicide, (6) develop a biennial state-212 
wide school climate survey, as described in subsection (c) of section 2 of 213 
public act 19-166, (7) adopt a Connecticut school climate policy, as 214 
defined in section 10-222aa, as amended by this act, (8) develop a plain 215 
language explanation of the rights and remedies available under 216 
sections 10-4a and 10-4b for distribution to parents and guardians, and 217 
provide such explanation to each local and regional board of education 218 
not later than January 1, 2021, (9) develop standards for a school climate 219 
survey, including, but not limited to, standards for the collection of data 220 
on diversity, equity and inclusion and for the reduction in disparities in 221  Substitute Bill No. 380 
 
 
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data collection between school districts, (10) develop a model school 222 
climate improvement plan, and [(9)] (11) perform other functions 223 
concerning social and emotional learning and fostering positive school 224 
climates. 225 
Sec. 6. Subdivision (12) of section 10-222aa of the 2024 supplement to 226 
the general statutes is repealed and the following is substituted in lieu 227 
thereof (Effective July 1, 2024): 228 
(12) "School climate survey" means a research-based, validated and 229 
developmentally appropriate survey administered to students, school 230 
employees and families of students, in the predominant languages of 231 
the members of the school community, that (A) measures and identifies 232 
school climate needs and tracks progress through a school climate 233 
improvement plan, and (B) (i) meets the school climate survey standards 234 
developed by the social and emotional learning and school climate 235 
advisory collaborative, established pursuant to section 10-222q, as 236 
amended by this act, or (ii) is the state-wide school climate survey 237 
developed by said collaborative. 238 
Sec. 7. Subsection (a) of section 10-222hh of the 2024 supplement to 239 
the general statutes is repealed and the following is substituted in lieu 240 
thereof (Effective July 1, 2024): 241 
(a) For the school year commencing July 1, 2025, and each school year 242 
thereafter, the school climate specialist, as described in section 10-222ee, 243 
for each school, in collaboration with the school climate coordinator, as 244 
described in section 10-222dd, shall develop, and update as necessary, a 245 
school climate improvement plan. Such plan shall be based on the 246 
results of the school climate survey, administered pursuant to section 247 
10-222gg, any recommendations from the school climate committee, as 248 
described in section 10-222ff, the protocols and supports, described in 249 
subsection (b) of this section and any other data the school climate 250 
specialist and school climate coordinator deemed relevant. Such plan 251 
[shall be submitted] may incorporate the model school climate 252 
improvement plan developed by the social and emotional learning and 253  Substitute Bill No. 380 
 
 
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school climate advisory collaborative, established pursuant to section 254 
10-222q, as amended by this act. The school climate specialist submit 255 
such plan to the school climate coordinator for review and approval on 256 
or before December thirty-first of each school year. Upon approval of 257 
such plan, a written or electronic copy of such plan shall be made 258 
available to members of the school community and such plan shall be 259 
used in the prevention of, identification of and response to challenging 260 
behavior. 261 
Sec. 8. Subsection (b) of section 10-222h of the general statutes is 262 
repealed and the following is substituted in lieu thereof (Effective July 1, 263 
2024): 264 
(b) On or before February 1, 2014, and annually thereafter, the 265 
department shall, in accordance with the provisions of section 11-4a, 266 
submit a report on the status of its efforts pursuant to this section 267 
including, but not limited to, (1) the number of verified acts of bullying 268 
in the state, including, but not limited to, the number of such acts 269 
directed at a student based on actual or perceived membership in a 270 
protected class, (2) an analysis of the responsive action taken by school 271 
districts, (3) an analysis of student responses on the uniform grade-level 272 
appropriate questions described in subparagraph (A) of subdivision (4) 273 
of subsection (a) of this section, and (4) any recommendations it may 274 
have regarding additional activities or funding to prevent bullying in 275 
schools and improve school climate to the joint standing committees of 276 
the General Assembly having cognizance of matters relating to 277 
education and children and to the speaker of the House of 278 
Representatives, the president pro tempore of the Senate and the 279 
majority and minority leaders of the House of Representatives and the 280 
Senate. 281 
Sec. 9. (NEW) (Effective July 1, 2024) The Department of Education 282 
shall appoint a director of school climate improvement to serve as the 283 
state-wide social and emotional learning and school climate expert. The 284 
director of school climate improvement shall (1) assist local and regional 285 
boards of education with the implementation of (A) sections 10-222t to 286  Substitute Bill No. 380 
 
 
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10-222v, inclusive, and sections 10-222aa to 10-222jj, inclusive, of the 287 
general statutes, as amended by this act, and (B) the Connecticut school 288 
climate policy, as defined in section 10-222aa of the general statutes, as 289 
amended by this act, (2) assist the social and emotional learning and 290 
school climate advisory collaborative, established pursuant to section 291 
10-222q of the general statutes, as amended by this act, in the 292 
development and implementation of tools and best practices related to 293 
school climate and culture, including, but not limited to, the 294 
development of a model school climate survey and a model school 295 
climate improvement plan, (3) provide information and assistance to 296 
local and regional boards of education, students and parents and 297 
guardians of students on the uniform bullying complaint form created 298 
pursuant to section 10-222bb of the general statutes, (4) not later than 299 
January 1, 2026, and annually thereafter, submit a report, in accordance 300 
with the provisions of section 11-4a of the general statutes, to the joint 301 
standing committee of the General Assembly having cognizance of 302 
matters relating to education on recommendations for best practices and 303 
improvement of school climate improvement strategies in this state, (5) 304 
assist school climate coordinators, appointed pursuant to section 10-305 
222dd of the general statutes, in the development of a continuum of 306 
strategies to prevent, identify and respond to challenging behavior, (6) 307 
develop and provide technical assistance and recommendations, in 308 
collaboration with the social and emotional learning and school climate 309 
advisory collaborative, to local and regional boards of education on 310 
trainings for school employees for the purposes of school climate 311 
improvement, and (7) in collaboration with the social and emotional 312 
learning and school climate advisory collaborative, develop strategies 313 
to improve the delivery of services concerning social and emotional 314 
learning, skills building and mental health supports. 315 
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  Substitute Bill No. 380 
 
 
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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 
 
Statement of Legislative Commissioners:   
In Section 2(b), "its presentation to the court" was changed to "the 
presentation of such arrest to the court" for clarity and "and 54-76l, and 
shall only be disclosed as provided in this section and shall not be 
further disclosed" was added for consistency. 
 
ED Joint Favorable Subst.