Conn. Gen. Stat. § 10-220

Current with legislation from the 2023 Regular and Special Sessions.

Section 10-220 - Duties of boards of education

(a) Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state, as defined in section 10-4a, and provide such other educational activities as in its judgment will best serve the interests of the school district; provided any board of education may secure such opportunities in another school district in accordance with provisions of the general statutes and shall give all the children of the school district, including children receiving alternative education, as defined in section 10-74j, as nearly equal advantages as may be practicable; shall provide an appropriate learning environment for all its students which includes (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology, (2) equitable allocation of resources among its schools, (3) proper maintenance of facilities, and (4) a safe school setting; shall, in accordance with the provisions of subsection (f) of this section, maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education; shall have charge of the schools of its respective school district; shall make a continuing study of the need for school facilities and of a long-term school building program and from time to time make recommendations based on such study to the town; shall adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews necessary for the maintenance and improvement of the indoor air quality of its facilities; shall adopt and implement a green cleaning program, pursuant to section 10-231g, that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities; on and after July 1, 2021, and every five years thereafter, shall report to the Commissioner of Administrative Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program, which report the Commissioner of Administrative Services shall use to prepare a report every five years that said commissioner shall submit in accordance with section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to education; shall advise the Commissioner of Administrative Services of the relationship between any individual school building project pursuant to chapter 173 and such long-term school building program; shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes and at all times shall insure all such buildings and all capital equipment contained therein against loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall develop and implement a written increasing educator diversity plan for purposes of subdivision (3) of section 10-4a; shall employ and dismiss the teachers of the schools of such district subject to the provisions of sections 10-151 and 10-158 a; shall designate the schools which shall be attended by the various children within the school district; shall make such provisions as will enable each child of school age residing in the district to attend some public day school for the period required by law and provide for the transportation of children wherever transportation is reasonable and desirable, and for such purpose may make contracts covering periods of not more than (A) five years, or (B) ten years if such contract includes transportation provided by at least one zero-emission school bus, as defined in 42 USC 16091(a)(8), as amended from time to time; may provide alternative education, in accordance with the provisions of section 10-74j, or place in another suitable educational program a pupil enrolling in school who is nineteen years of age or older and cannot acquire a sufficient number of credits for graduation by age twenty-one; may arrange with the board of education of an adjacent town for the instruction therein of such children as can attend school in such adjacent town more conveniently; shall cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is living in the school district to attend school in accordance with the provisions of section 10-184, and shall perform all acts required of it by the town or necessary to carry into effect the powers and duties imposed by law.

(b) The board of education of each local or regional school district shall, with the participation of parents, students, school administrators, teachers, citizens, local elected officials and any other individuals or groups such board shall deem appropriate, prepare a statement of educational goals for such local or regional school district. The statement of goals shall be consistent with state-wide goals pursuant to subsection (c) of section 10-4 and include goals for the integration of principles and practices of social-emotional learning and restorative practices in the program of professional development for the school district, in accordance with the provisions of section 10-148a, and career placement for students who do not pursue an advanced degree immediately after graduation. Each local or regional board of education shall annually establish student objectives for the school year which relate directly to the statement of educational goals prepared pursuant to this subsection and which identify specific expectations for students in terms of skills, knowledge and competence.

(c) Annually, each local and regional board of education shall submit to the Commissioner of Education a strategic school profile report for each school and school or program of alternative education, as defined in section 10-74j, under its jurisdiction and for the school district as a whole. The superintendent of each local and regional school district shall present the profile report at the next regularly scheduled public meeting of the board of education after each November first. The profile report shall provide information on measures of (1) student needs, including, but not limited to, a needs assessment that identifies resources necessary to address student trauma impacting students and staff in each school and adequately respond to students with mental, emotional or behavioral health needs, (2) school resources, including technological resources and utilization of such resources and infrastructure, (3) student and school performance, including in-school suspensions, out-of-school suspensions and expulsions, the number of truants, as defined in section 10-198a, and chronically absent children, as defined in section 10-198c, (4) the number of students enrolled in an adult high school credit diploma program, pursuant to section 10-69, operated by a local or regional board of education or a regional educational service center, (5) equitable allocation of resources among its schools, (6) reduction of racial, ethnic and economic isolation, (7) special education, (8) school-based arrests, as defined in section 10-233n, and (9) teacher attrition rates, including the results of the exit survey described in section 10-151j. For purposes of this subsection, measures of special education include (A) special education identification rates by disability, (B) rates at which special education students are exempted from mastery testing pursuant to section 10-14q, (C) expenditures for special education, including such expenditures as a percentage of total expenditures, (D) achievement data for special education students, (E) rates at which students identified as requiring special education are no longer identified as requiring special education, (F) the availability of supplemental educational services for students lacking basic educational skills, (G) the amount of special education student instructional time with nondisabled peers, (H) the number of students placed out-of-district, and (I) the actions taken by the school district to improve special education programs, as indicated by analyses of the local data provided in subparagraphs (A) to (H), inclusive, of this subdivision. The superintendent shall include in the narrative portion of the report information about parental involvement and any measures the district has taken to improve parental involvement, including, but not limited to, employment of methods to engage parents in the planning and improvement of school programs and methods to increase support to parents working at home with their children on learning activities. For purposes of this subsection, measures of truancy include the type of data that is required to be collected by the Department of Education regarding attendance and unexcused absences in order for the department to comply with federal reporting requirements and the actions taken by the local or regional board of education to reduce truancy in the school district. Such truancy data shall be considered a public record, as defined in section 1-200.

(d)

(1) As used in this subsection:

(A) "Certified testing, adjusting and balancing technician" means a technician certified to perform testing, adjusting and balancing of heating, ventilation and air conditioning systems by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or an individual training under the supervision of a Testing, Adjusting and Balancing Bureau certified technician or a person certified to perform ventilation assessments of heating, ventilation and air conditioning systems through a certification body accredited by the American National Standards Institute;

(B) "Heating, ventilation and air conditioning system" means the equipment, distribution network, controls and terminals that provide, either collectively or individually, heating, ventilation or air conditioning to a building; and

(C) "Indoor air quality" has the same meaning as used by the United States Department of Labor Occupational Safety and Health Administration Standard Number 1910.1000 "OSHA Policy on Indoor Air Quality".

(2) On and after January 1, 2024, and annually thereafter, a local or regional board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within each school building using the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program. The inspection and evaluation program shall include, but not be limited to, a review, inspection or evaluation of the following:

(A) The heating, ventilation and air conditioning systems;

(B) radon levels in the air;

(C) potential for exposure to microbiological airborne particles, including, but not limited to, fungi, mold and bacteria;

(D) chemical compounds of concern to indoor air quality including, but not limited to, volatile organic compounds;

(E) the degree of pest infestation, including, but not limited to, insects and rodents;

(F) the degree of pesticide usage;

(G) the presence of and the plans for removal of any hazardous substances that are contained on the list prepared pursuant to Section 302 of the federal Emergency Planning and Community Right-to-Know Act, 42 USC 9601 et seq.;

(H) ventilation systems;

(I) plumbing, including water distribution systems, drainage systems and fixtures;

(J) moisture incursion;

(K) the overall cleanliness of the facilities;

(L) building structural elements, including, but not limited to, roofing, basements or slabs;

(M) the use of space, particularly areas that were designed to be unoccupied; and

(N) the provision of indoor air quality maintenance training for building staff. Local and regional boards of education conducting evaluations pursuant to this subsection shall (i) make available for public inspection the results of the inspection and evaluation at a regularly scheduled board of education meeting and on the Internet web site of such board and on the Internet web site, if any, of each individual school, and (ii) submit the report and results of such inspection and evaluation to the Department of Administrative Services using the form developed pursuant to section 10-231h.

(3) Prior to January 1, 2025, and every five years thereafter, a local or regional board of education shall provide for a uniform inspection and evaluation of the heating, ventilation and air conditioning system within each school building under its jurisdiction. Such inspection and evaluation shall be performed by a certified testing, adjusting and balancing technician, an industrial hygienist certified by the American Board of Industrial Hygiene or the Board for Global EHS Credentialing, or a mechanical engineer. Such heating, ventilation and air conditioning systems inspection and evaluation shall include, but need not be limited to:

(A) Testing for maximum filter efficiency,

(B) physical measurements of outside air delivery rate,

(C) verification of the appropriate condition and operation of ventilation components,

(D) measurement of air distribution through all system inlets and outlets,

(E) verification of unit operation and that required maintenance has been performed in accordance with the most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers,

(F) verification of control sequences,

(G) verification of carbon dioxide sensors and acceptable carbon dioxide concentrations indoors, and

(H) collection of field data for the installation of mechanical ventilation if none exist. The ventilation systems inspection and evaluation shall identify to what extent each school's current ventilation system components, including any existing central or noncentral mechanical ventilation system, are operating in such a manner as to provide appropriate ventilation to the school building in accordance with most recent indoor ventilation standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. The inspection and evaluation shall result in a written report, and such report shall include any corrective actions necessary to be performed to the mechanical ventilation system or the heating, ventilation and air conditioning infrastructure, including installation of filters meeting the most optimal level of filtration available for a given heating, ventilation and air conditioning system, installation of carbon dioxide sensors and additional maintenance, repairs, upgrades or replacement. Any such corrective actions shall be performed, where appropriate, by a contractor, who is licensed in accordance with chapter 393. Any local or regional board of education conducting an inspection and evaluations pursuant to this subsection shall (i) make available for public inspection the results of such inspection and evaluation at a regularly scheduled meeting of such board and on the Internet web site of such board and on the Internet web site, if any, of each individual school, and (ii) submit the report and results of such inspection and evaluation to the Department of Administrative Services using the form developed pursuant to section 10-231h. A local or regional board of education shall not be required to provide for a uniform inspection and evaluation under this subdivision for any school building that will cease to be used as a school building within the three years from when such inspection and evaluation is to be performed. Any local or regional board of education that has provided for an inspection that was performed in a different format, but is deemed equivalent by the department, may use such inspection in lieu of a uniform inspection and evaluation under this subdivision. The Department of Administrative Services may, upon request of a local or regional board of education, grant a waiver of the January 1, 2025, deadline for the provision of a uniform inspection and evaluation under this subdivision if the department finds that (I) there is an insufficient number of certified testing, adjusting and balancing technicians, industrial hygienists certified by the American Board of Industrial Hygiene or the Board for Global EHS Credentialing or mechanical engineers to perform such inspection and evaluation, or (II) such board has scheduled such inspection and evaluation for a date after January 1, 2025. Such waiver shall be valid for one year.

(e) Each local and regional board of education shall establish a school district curriculum committee. The committee shall recommend, develop, review and approve all curriculum for the local or regional school district. Each local and regional board of education shall make available all curriculum approved by the committee and all associated curriculum materials in accordance with the requirements of the Protection of Pupil Rights Amendment, 20 USC 1232h.

(f) Each local and regional board of education shall maintain in a central location all records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education, conducted pursuant to sections 17a-101a to 17a-101d, inclusive, and section 17a-103. Such records shall include any reports made to the Department of Children and Families. The Department of Education shall have access to such records.

(g) Each local or regional board of education conducting a regular or special meeting of such board shall make available for public inspection the agenda for the meeting or any associated documents that may be reviewed by members of the board at such meeting and post such agenda and documents on the Internet web site of such board.

(h) For the school year commencing July 1, 2024, and each school year thereafter, any local or regional board of education with a rate of in-school suspensions, out-of-school suspensions and expulsions that is deemed high or disproportionate by the Commissioner of Education based on the examination of data pursuant to section 10-233n, shall (1) develop strategies to reduce the number of such suspensions and expulsions, and (2) submit such strategies to the Department of Education in the form and manner prescribed by the commissioner.

Conn. Gen. Stat. § 10-220

(1949 Rev., S. 1501; 1949, 1953, 1955, S. 957d; February, 1965, P.A. 574, S. 11; 1969, P.A. 690, S. 4; P.A. 78-218, S. 143; P.A. 79-128, S. 11, 36; P.A. 80-166, S. 1; P.A. 84-460, S. 3, 16; P.A. 85-377, S. 5, 13; P.A. 86-333, S. 11, 32; P.A. 90-324, S. 4, 13; P.A. 93-353 , S. 28 , 31 , 52 ; P.A. 94-245 , S. 9 , 46 ; P.A. 95-182 , S. 6 , 11 ; P.A. 96-26 , S. 2 , 4 ; 96-244 , S. 17 , 63 ; 96-270 , S. 1 , 11 ; P.A. 97-290 , S. 21 , 29 ; P.A. 98-168 , S. 8 , 26 ; 98-243 , S. 19 , 25 ; 98-252 , S. 13 , 38 , 80 ; June Sp. Sess. P.A. 98-1 , S. 115 , 121 ; P.A. 00-157 , S. 3 , 8 ; P.A. 01-173 , S. 19 , 67 ; P.A. 03-220 , S. 1 , 2 ; P.A. 04-26 , S. 4 ; P.A. 06-158 , S. 5 ; 06-167 , S. 1 ; P.A. 08-153 , S. 6 ; P A. 09-81 , S. 2 ; 09-143 , S. 1 ; 09-220 , S. 6 ; Sept. Sp. Sess. P.A. 09-6, S. 54; P.A. 10-71 , S. 4 ; P.A. 11-85 , S. 6 ; 11-93 , S. 6 ; 11-136 , S. 10 , 17 ; P.A. 12-120 , S. 4 ; P.A. 13-247 , S. 200 ; P.A. 15-133 , S. 3 , 4 ; 15-168 , S. 3 ; 15-225 , S. 4 ; June Sp. Sess. P.A. 17-2 , S. 84 ; P.A. 18-34 , S. 7 .)

Amended by P.A. 23-0167,S. 76 of the Connecticut Acts of the 2023 Regular Session, eff. 1/1/2024.

Amended by P.A. 23-0167,S. 44 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0167,S. 9 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0160,S. 6 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0160,S. 3 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0159, S. 7 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 22-0025, S. 12 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.

Amended by P.A. 22-0118, S. 369 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 22-0047, S. 20 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 21-0095, S. 11 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 21-0046, S. 13 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 19-0058, S. 2 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 18-0034, S. 7 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 17-0002, S. 84 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 15-0168, S. 3 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 15-0225, S. 4 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 15-0133, S. 4 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 15-0133, S. 3 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 12-0120, S. 4 of the the 2012 Regular Session, eff. 6/15/2012.

Amended by P.A. 11-0136, S. 17 of the the 2011 Regular Session, eff. 7/1/2011.

Amended by P.A. 11-0136, S. 10 of the the 2011 Regular Session, eff. 7/1/2011.

Amended by P.A. 11-0093, S. 6 of the the 2011 Regular Session, eff. 7/1/2011.

Amended by P.A. 11-0085, S. 6 of the the 2011 Regular Session, eff. 7/1/2011.

Amended by P.A. 10-0071, S. 4 of the February 2010 Regular Session, eff. 5/18/2010.

Amended by P.A. 09-0006, S. 54 of the Sept. 2009 Sp. Sess., eff. 10/5/2009.

Amended by P.A. 09-0220, S. 6 of the the 2009 Regular Session, eff. 10/1/2009.

Amended by P.A. 09-0143, S. 1 of the the 2009 Regular Session, eff. 7/1/2009.

Amended by P.A. 09-0081, S. 2 of the the 2009 Regular Session, eff. 10/1/2009.

Powers conferred and duties imposed by former statute construed. 65 C. 183 . Former statute cited. 77 C. 195 . Town may defend action brought against committee for official acts under former statute; duties as to moral fitness of teachers. 79 C. 240 . Former statute held not to repeal provision in city charter. 82 C. 124 . Control of town over committee under former statute. Id., 566. Former "school committee" was agent of law and not of the town. 99 Conn. 695 . Cited. 129 Conn. 191 ; 134 C. 616 ; 143 C. 488 . Actions of board, within confines of its powers, not subject to control of city common council or officers; if land devoted to school purposes, held city could not condemn it for a highway without approval of school committee. 147 C. 478 . Section must be read with Sec. 10-186 re furnishing of transportation for school children, and it comprehends not only distance but safety factors. 148 Conn. 238 . Number of teaching positions, need of curriculum coordinator and maintenance of school properties were matters within discretion of school board. 151 C. 1 . Cited. 152 Conn. 148 -150. Ability of board to perform its statutory duties not destroyed by requirement of town charter that it select nonprofessional employees under civil service requirements. Id., 568. Cited. 153 C. 283 ; 162 C. 568 . Town boards of education, in matters not involving strictly budgetary concerns, act as agents of the state; under powers to "employ and dismiss" teachers, town boards of education can determine contested cases. 167 Conn. 368 . Town, by referendum, could delegate its power of eminent domain to board of education which had authority to exercise it. 168 C. 135 . Cited. 170 C. 38 ; Id., 318; 174 Conn. 522 ; 180 C. 96 ; 182 Conn. 93 ; Id., 253; 187 Conn. 187 ; 193 Conn. 93 ; 195 Conn. 24 ; 205 Conn. 116 ; 217 Conn. 110 ; 228 Conn. 640 ; Id., 699; 237 C. 169 ; 238 Conn. 1 . Cited. 6 CA 212 ; 44 Conn.App. 179 . There is no statutorily mandated exception to residency requirement for displacement due to natural disaster, however board has discretion to interpret this section and Sec. 10-186 in such manner. 138 Conn.App. 677 . Elements justifying indemnification of a board member. 9 Conn.Supp. 442 . Cited. 15 CS 370 . Boards of education may discontinue or unite schools; history of section reviewed. 16 CS 339 . Board as agent of the state. 19 CS 158 . Boards of education may accord problem of racial imbalance relevance in making decisions. 26 CS 124 . Cited. 27 CS 339 . Extension of a "project concern" contract made by board of education of Milford with board of New Haven is an administrative decision to be made by board as agency of the state under its authority set out in Secs. 10-220 to 10-239 and board of aldermen was enjoined from holding an advisory referendum of voters as this would be an unlawful expenditure of city funds. 28 CS 207 . School boards are agents of the state, not subject to recall under a municipal charter. 29 CS 201 . Cited. 30 Conn.Supp. 63 . The Connecticut education system violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of the Connecticut Constitution. 31 Conn.Supp. 379 . Relationship between boards of education and municipal budget authorities; extent of municipal obligation to finance education. 32 CS 132 . Cited. 34 Conn.Supp. 115 ; 35 Conn.Supp. 55 ; 36 Conn.Supp. 293 . Local board of education is not acting as agent of the state and not entitled to sovereign immunity when acting to recover damages arising from construction of school building. 40 CS 141 . Cited. 44 Conn.Supp. 527 . Subsec. (a): Town charter that allows for separate referenda for town's operating budget and education budget and that allows voters to reject the budgets three times does not rise to the level of a veto and does not violate state statute and policy concerning education. 268 Conn. 295 . Context of community orientation of family discussed in determining place of residence for purposes of school attendance. 34 Conn.App. 567 .

See Sec. 10-4b re complaint procedure where failure or inability of board of education to implement educational interests of state is alleged.