§ 10-253 — School privileges for children in certain placements, nonresident children, children in temporary shelters, homeless children and children in juvenile residential centers. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems.

Connecticut § 10-253

• Jurisdiction: Connecticut
• Title 10: Education and Culture
• Ch. 172: Support of Public Schools. Transportation

Text

(a) Children placed out by the Commissioner of Children and Families or by other agencies or persons, including offices of a government of a federally recognized Native American tribe, private child-caring or child-placing agencies licensed by the Department of Children and Families, and eligible residents of facilities operated by the Department of Mental Health and Addiction Services or by the Department of Public Health who are eighteen to twenty-one years of age or, for children requiring special education, when such child is graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first, shall be entitled to all free school privileges of the school district where they then reside as a result of such placement, except as provided in subdivision (4) of subsection (e) of section 10-76d. Except as provided in subsection (d) of this section and subdivision (4) of subsection (e) of section 10-76d, payment for such education shall be made by the board of education of the school district under whose jurisdiction such child would otherwise be attending school where such a school district is identified. (b) The board of education of the school district under whose jurisdiction a child would otherwise be attending school shall be financially responsible for the reasonable costs of education for a child placed out by the Commissioner of Children and Families or by other agencies, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility when such child requires educational services other than special education services. Such financial responsibility shall be the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with subsection (a) of section 10-76f . Any costs in excess of the board's basic contribution shall be paid by the State Board of Education on a current basis. The costs for services other than educational shall be paid by the state agency which placed the child. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d . Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal year ending June 30, 2010, and each fiscal year thereafter, the amount of the grants payable to local or regional boards of education in accordance with this subsection shall be calculated in accordance with the provisions of subsections (d) and (e) of section 10-76g if the total of such grants in such year exceeds the amount appropriated for the purposes of this subsection for such year. (c) No board of education shall be required to provide school accommodations for any child whose legal residence is in another state unless the board has entered into an agreement concerning the provision of educational services and programs with the state or local educational agency of such state responsible for educating the child, the facility where the child is placed or the parent or guardian placing such child, and provided that a bond, in a sum equal to the tuition payable for such child, issued by a surety company authorized to do business in this state and conditioned upon the payment of tuition at the rate established by the board, shall be filed with the treasurer of the school district in which such child is attending school by the parent or guardian or other person or organization in control of such child. (d) Children residing with relatives or nonrelatives, when it is the intention of such relatives or nonrelatives and of the children or their parents or guardians that such residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations, and, for the fiscal year commencing July 1, 1981, and each fiscal year thereafter, children not requiring special education who are residing in any facility or home as a result of a placement by a public agency, including, but not limited to, offices of a government of a federally recognized Native American tribe, other than a local or regional board of education, and except as provided by subsection (b) of this section, shall be entitled to all free school privileges accorded to resident children of the school district in which they then reside. A local or regional board of education may require documentation from the parent or guardian, the relative or nonrelative, emancipated minor or pupil eighteen years of age or older that the residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations provided by the school district. Such documentation may include affidavits, provided that prior to any request for documentation of a child's residency from the child's parent or guardian, relative or nonrelative, or emancipated minor or pupil eighteen years of age or older, the board of education shall provide the parent or guardian, relative or nonrelative, emancipated minor or pupil eighteen years of age or older with a written statement specifying the basis upon which the board has reason to believe that such child, emancipated minor or pupil eighteen years of age or older is not entitled to school accommodations. (e) (1) For purposes of this subsection: (A) “Temporary shelters” means facilities which provide emergency shelter for a specified, limited period of time, and (B) “Educational costs” means the reasonable costs of providing regular or, except as otherwise provided, special education, but in no event shall such costs exceed the average per pupil cost for regular education students or the actual cost of providing special education for special education students. (2) Children in temporary shelters shall be entitled to free school privileges from either the school district in which the shelter is located or the school district in which the child would otherwise reside, if not for the need for temporary shelter. Upon notification from the school district in which the temporary shelter is located, the school district in which the child would otherwise reside, if identified, shall either pay tuition to the school district in which the temporary shelter is located for the child to attend school in that district or shall continue to provide educational services, including transportation, to such child. If the school district where the child would otherwise reside cannot be identified, the school district in which the temporary shelter is located shall be financially responsible for the educational costs for such child, except that in the case of a child who requires special education and related services and is placed by the Department of Children and Families in a temporary shelter on or after July 1, 1995, the school district in which the child resided immediately prior to such placement or the Department of Children and Families shall be responsible for the cost of such special education and related services, to the extent such board or department is responsible for such costs under subparagraph (B) of subdivision (2) of subsection (e) of section 10-76d . If the school district where the child would otherwise reside declines to provide free school privileges, the school district where the temporary shelter is located shall provide free school privileges and may recover tuition from the school district where the child would otherwise reside. In the case of children requiring special education who have been placed in out-of-district programs by either a board of education or state agency, the school district in which the child would otherwise reside shall continue to be responsible for the child's education until such time as a new residence is established, notwithstanding the fact that the child or child's family resides in a temporary shelter. (f) Notwithstanding any provision of the general statutes, educational services shall be provided by each local and regional board of education to homeless children and youths in accordance with the provisions of 42 USC 11431, et seq., as amended from time to time. If a homeless child or youth is denied school accommodations by a local or regional board of education on the basis of residency, such homeless child or youth shall be entitled to a hearing conducted pursuant to section 10-186 . An unaccompanied youth, as described in 42 USC 11434a, as amended from time to time, shall be entitled to knowledge of and have access to all educational, medical or similar records in the cumulative record of such unaccompanied youth maintained by a local or regional board of education. (g) (1) For purposes of this subsection, “juvenile residential center” means a juvenile residential center operated by, or under contract with, the Judicial Department. (2) The local or regional board of education for the school district in which a juvenile residential center is located shall be responsible for the provision of general education and special education and related services to children detained in such center. The provision of general education and special education and related services shall be in accordance with all applicable state and federal laws concerning the provision of educational services. Such board may provide such educational services directly or may contract with public or private educational service providers for the provision of such services. Tuition may be charged to the local or regional board of education under whose jurisdiction the child would otherwise be attending school for the provision of general education and special education and related services. Responsibility for the provision of educational services to the child shall begin on the date of the child's placement in the juvenile residential center and financial responsibility for the provision of such services shall begin upon the receipt by the child of such services. (3) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile residential center is located shall be financially responsible for the tuition charged for the provision of educational services to the child in such juvenile residential center. The State Board of Education shall pay, on a current basis, any costs in excess of such local or regional board of education's prior year's average per pupil costs. If the local or regional board of education under whose jurisdiction the child would otherwise be attending school cannot be identified, the local or regional board of education for the school district in which the juvenile residential center is located shall be eligible to receive on a current basis from the State Board of Education any costs in excess of such local or regional board of education's prior year's average per pupil costs. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d . (4) The local or regional board of education under whose jurisdiction the child would otherwise be attending school shall be financially responsible for the provision of educational services to the child placed in a juvenile residential center as provided in subdivision (3) of this subsection notwithstanding that the child has been suspended from school pursuant to section 10-233c , has been expelled from school pursuant to section 10-233d or has withdrawn, dropped out or otherwise terminated enrollment from school. Upon notification of such board of education by the educational services provider for the juvenile residential center, the child shall be reenrolled in the school district where the child would otherwise be attending school or, if no such district can be identified, in the school district in which the juvenile residential center is located, and provided with educational services in accordance with the provisions of this subsection. (5) The local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education for the school district in which the juvenile residential center is located shall be notified in writing by the Judicial Branch of the child's placement at the juvenile residential center not later than one business day after the child's placement, notwithstanding any provision of the general statutes. The notification shall include the child's name and date of birth, the address of the child's parents or guardian, placement location and contact information, and such other information as is necessary to provide educational services to the child. (6) Notwithstanding any provision of the general statutes, a child who is enrolled in a school district at the time of placement in a juvenile residential center shall remain enrolled in that same school district for the duration of his or her detention, unless the child voluntarily terminates enrollment, and shall have the right to return to such school district immediately upon discharge from the juvenile residential center into the community. (7) When a child is not enrolled in a school at the time of placement in a juvenile residential center: (A) The child shall be enrolled in the school district where the child would otherwise be attending school not later than three business days after notification is given pursuant to subdivision (4) of this subsection. (B) If no such district can be identified, the child shall be enrolled in the school district in which the juvenile residential center is located not later than three business days after the determination is made that no such district can be identified. (8) Upon learning that a child is to be discharged from a juvenile residential center, the educational services provider for the juvenile residential center shall immediately notify the jurisdiction in which the child will continue his or her education after discharge from the juvenile residential center. (9) Prior to the child's discharge from the juvenile residential center, the local or regional board of education responsible for the provision of educational services to children in the juvenile residential center shall conduct an assessment of the school work completed by the child to determine an assignment of academic credit for the work completed. Credit assigned shall be the credit of the local or regional board of education responsible for the provision of the educational services. Credit assigned for work completed by the child shall be accepted in transfer by the local or regional board of education for the school district in which the child continues his or her education after discharge from the juvenile residential center. (h) (1) On or before August 1, 2018, each eligible school district shall designate and maintain at least one employee as a liaison to facilitate transitions between the school district and the juvenile and criminal justice systems. (2) The designation required under subdivision (1) of this subsection shall be made by providing the Court Support Services Division of the Judicial Branch with written notice, on or before August first annually, of the name and professional title of and the contact information for such liaison. (3) In each district, the liaison shall assist the school district, the Court Support Services Division of the Judicial Branch and any relevant educational service providers in ensuring that: (A) All persons twenty-two years of age or younger in justice system custody are promptly evaluated for eligibility for special education services to be provided until such child is graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first, pursuant to section 17a-65 and any other applicable law; (B) Students in justice system custody and returning to the community from justice system custody are promptly enrolled in school pursuant to this section and section 10-186 ; (C) Students in justice system custody and returning to the community from justice system custody receive appropriate credit for school work completed in custody, pursuant to this section or section 10-220h ; (D) All relevant school records for students who enter justice system custody and who return to the community from justice system custody are promptly transferred to the appropriate school district or educational service provider, pursuant to section 10-220h . (4) For purposes of this subsection: (A) An “eligible school district” means a school district that enrolled at least six thousand students during the school year ending June 30, 2017. (B) “Justice system custody” means physical or legal custody or control of a child in a facility or program run by or contracted with the Department of Correction, or the Court Support Services Division of the Judicial Branch, either pending or pursuant to an adjudication or conviction for a delinquent act or criminal offense. (C) “Child” means child, as defined in section 46b-120 , or any other person under eighteen years of age. See 59 C. 491. “Legal residence” in former statute construed to mean residence in ordinary or popular sense, not same as domicile or settlement. 132 C. 200. Cited. 228 C. 433.

Legislative History

(1949 Rev., S. 1550; 1955, S. 966d; February, 1965, P.A. 586, S. 1; 1969, P.A. 793, S. 6; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-218, S. 182; P.A. 80-483, S. 44, 186; P.A. 81-257, S. 9, 10; 81-432, S. 3, 11; P.A. 82-311, S. 2, 4; P.A. 83-88, S. 1, 2; P.A. 85-473, S. 2, 3; P.A. 86-303, S. 2, 4; P.A. 87-179, S. 1, 2; P.A. 88-360, S. 13, 63; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-237, S. 4, 7; 95-257, S. 33, 58; P.A. 96-146, S. 10, 12; P.A. 98-168, S. 4, 26; June 30 Sp. Sess. P.A. 03-6, S. 8, 246; P.A. 05-245, S. 20; Sept. Sp. Sess. P.A. 09-6, S. 47; P.A. 11-48, S. 181; 11-51, S. 28; P.A. 13-247, S. 163; June Sp. Sess. P.A. 15-5, S. 251; P.A. 17-194, S. 1; June Sp. Sess. P.A. 17-2, S. 580; P.A. 18-31, S. 3, 4; P.A. 19-117, S. 268; 19-179, S. 2; P.A. 21-104, S. 9; June Sp. Sess. P.A. 21-2, S. 369; P.A. 23-1, S. 10; 23-137, S. 34, 35.) History: 1965 act amended Subsec. (a) providing exception to requirement that children placed by welfare commissioner receive free school privileges in town where placed; 1969 act deleted reference to placement in hospitals or custodial institutions for periods less than a school year in Subsec. (a) and excluded from provisions “children placed in hospitals or custodial institutions pursuant to agreements made under section 10-76d of the 1967 supplement ...”; P.A. 75-420 substituted commissioner of social services for welfare commissioner; P.A. 77-614 substituted commissioner of human resources for commissioner of social services, effective January 1, 1979; P.A. 78-218 substituted “board of education” for “town” where a duty implied and “school district” for “town” where geographical location implied; P.A. 80-483 substituted commissioner of children and youth services for commissioner of human resources; P.A. 81-257 repealed Subsec. (d) which had required enumeration of child in district he resides on date of enumeration; P.A. 81-432 clarified educational and financial responsibilities for state agency placements; P.A. 82-311 clarified provisions of P.A. 81-432 concerning the provision of an education for non-special-education children who are placed by state agencies by amending Subsec. (a) to require that the responsibility for children placed by state agencies rests with the school district where the child is placed if no responsible school board can be determined; and amending Subsec. (d) to specify that children not requiring special education who are placed by a public agency in any facility or home are the responsibility of the district where they are placed; P.A. 83-88 amended Subsec. (c) to authorize board to establish rate of tuition for nonresident children; P.A. 85-473 amended section to apply to certain residents of department of mental health facilities; P.A. 86-303 in Subsec. (d) added the provision that the residence not be for the sole purpose of obtaining school accommodations and made other provisions re requiring documentation re the nature of the residence; P.A. 87-179 amended Subsec. (a) to make children placed out by licensed private child-caring or child-placing agencies entitled to the free school privileges of the school district where they reside as a result of placement and added new Subsec. (e) re financial responsibility for educational costs for children in temporary shelters; P.A. 88-360 in Subsec. (a) added reference to the Connecticut alcohol and drug abuse commission; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July 1, 1993; P.A. 95-237 amended Subsec. (e) to add the exception concerning financial liability for special education and related services for children placed by the Department of Children and Families, effective July 1, 1995; P.A. 95-257 replaced Department of Mental Health with Department of Mental Health and Addiction Services, replaced Department of Public Health and Addiction Services with Department of Public Health, and added “except as provided in subparagraph (B) of subdivision (4) of subsection (e) of section 10-76d” in Subsec. (a), effective July 1, 1995 (Revisor's note: The reference to “subparagraph (B) of” was deleted editorially by the Revisors since Sec. 32 of P.A. 95-257 deleted former Subpara. (A) and the Subpara. (B) indicator from Sec. 10-76d(e)(4)); P.A. 96-146 amended Subsec. (e)(2) to make the Department of Children and Families responsible for the cost of special education and related services for certain children and to specify that the responsibility of the department or the school district in which the child resided prior to placement shall be to the extent the department or board is responsible for such costs under Sec. 10-76d(a)(2)(B), effective May 29, 1996; P.A. 98-168 amended Subsec. (b) to change one method for determining the financial responsibility of local and regional boards of education from “two and one-half times” the average to the average per pupil educational costs, effective July 1, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) by adding provisions re proportional reductions in grants for the fiscal years ending June 30, 2004, and June 30, 2005, and added Subsec. (f) requiring the provision of educational services to homeless children and youths by local and regional boards in accordance with the federal McKinney-Vento Homeless Assistance Act, effective August 20, 2003; P.A. 05-245 added language re placements by offices of a government of a federally recognized Native American tribe in Subsecs. (a), (b) and (d), and amended Subsec. (b) to extend the proportional reduction of grants through the fiscal year ending June 30, 2007, effective July 1, 2005; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (b) to add language extending proportional reduction of grants through fiscal years ending June 30, 2010, and June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 11-51 added Subsec. (g) re provision of educational services to children detained in juvenile detention facility and financial responsibility therefor, effective July 1, 2011; P.A. 13-247 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; P.A. 17-194 amended Subsec. (f) by adding provision re unaccompanied youth, effective July 1, 2017; June Sp. Sess. P.A. 17-2 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 18-31 amended Subsec. (g) to make a technical change in Subdiv. (5), add new Subdiv. (6) re child enrolled in school district at time of placement in juvenile detention facility, add Subdiv. (7) re child not enrolled in school at time of placement in juvenile detention facility, add Subdiv. (8) re child discharged from juvenile detention facility and redesignated existing Subdiv. (6) as Subdiv. (9) and amend same by making a technical change, effective August 1, 2018, and added Subsec. (h) re designation of liaison to facilitate transitions between school district and juvenile and criminal justice systems, effective June 1, 2018; P.A. 19-117 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; P.A. 19-179 amended Subsec. (f) by adding provision re homeless child or youth denied school accommodations on basis of residency entitled to hearing conducted pursuant to Sec. 10-186, effective July 1, 2019; P.A. 21-104 amended Subsec. (g) to replace “detention facility” with “residential center” and make conforming changes, effective January 1, 2022; June Sp. Sess. P.A. 21-2 amended Subsec. (b) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 23-1 amended Subsec. (b) by replacing provision re proportional reduction of grants if total amount of grants payable exceed amount appropriated with provision re amount of grants calculated in accordance with provisions of Sec. 10-76g(d) and (e) and making technical changes, effective February 14, 2023; P.A. 23-137 amended Subsecs. (a) and (h)(3)(A) by adding reference re entitlement to school privileges and provision of special education services, respectively, for children requiring special education until such child graduates or the end of the school year during which such child reaches age 22, whichever is earlier, effective July 1, 2023. Cited. 30 CA 720; 34 CA 567. Cited. 4 CS 254; 13 CS 53.