LCO 1 of 11 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 Subsection (g) of section 10-233c of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective July 1, 2 2024): 3 (g) On and after July 1, 2015, all suspensions pursuant to this section 4 shall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 LCO 2 of 11 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 LCO 3 of 11 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 LCO 4 of 11 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 LCO 5 of 11 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 LCO 6 of 11 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 LCO 7 of 11 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 LCO 8 of 11 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 LCO 9 of 11 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 LCO 10 of 11 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 LCO 11 of 11 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.