Topic:
BILINGUAL EDUCATION; SPECIAL EDUCATION; GRANTS; SCHOOL DISTRICTS; TRANSPORTATION (GENERAL); STATE MANDATED PROGRAMS; ADULT EDUCATION; EDUCATION (GENERAL); SCHOOL FINANCE;
Location:
EDUCATION - (GENERAL); SCHOOLS;

OLR Research Report


May 26, 2006

 

2006-R-0355

EDUCATION MANDATES ON LOCAL SCHOOL DISTRICTS

By: Judith Lohman, Chief Analyst

You asked for a list of unfunded state education mandates on local school districts. This report updates our 2005 report (2005-R-0308) to include mandates adopted, eliminated, or modified in the 2005 and 2006 legislative sessions.

According to the Office of Fiscal Analysis, there are no unfunded state education mandates. The state gives over $1.6 billion per year to towns in unrestricted Education Cost Sharing (ECS) grants to help fund their local education costs. In addition, it provides various categorical education grants to towns to fund specific requirements, such as bilingual education, special education, adult education, transportation, and other mandates.

The table below lists the state statutory mandates that apply to all local and regional school districts. It excludes mandates that apply only (1) to certain school types of districts, such as priority school districts, or (2) as a condition of receiving a state grant. Mandates marked with an asterisk are funded by separate categorical state grants. All others are supported by state ECS grants. Mandates added in 2005 and 2006 appear at the end of the table.

The 2006 legislature eliminated mandates by repealing (1) a prohibition against administering any state mastery exam or test mandated by the No Child Left Behind Act for students in grades 7 to 12 before 9 a.m. and (2) a requirement that schools make low-fat drinks available in schools at all times when drink is available for students to buy. It replaced the latter with a ban on sale of high-fat, high-sugar drinks to students in school.

STATE STATUTORY MANDATES ON LOCAL AND REGIONAL SCHOOL DISTRICTS

AS OF MAY 23, 2006

Statute/Public Act

Mandate

10-4a

Finance educational program at least at minimum expenditure requirement.

In order to reduce racial, ethnic, and economic isolation, provide educational opportunities for students to interact with students and teachers from other racial, ethnic, and economic backgrounds.

10-4b

Comply with order of State Board of Education (SBE) to remedy any failure or inability of a school district to implement the educational interest of the state.

10-10a

Participate in State Department of Education's (SDE) statewide public school information system.

10-14n

Administer state mastery tests to students in 4th, 6th, 8th, and 10th grades and starting in 2005-06, also in 3rd, 5th, and 7th grades.

Certify on students' permanent record and transcript if a student exceeds the mastery goal level on each component of the 10th grade exam.

10-15

Maintain schools for 180 days each year. No rescheduled sessions on Saturday or Sunday.

10-15b

Provide access to students' records by parents or the courts.

10-15c

Open schools to all five-year-olds, without discrimination.

10-16

Provide 180 days and 900 hours of school sessions per year.

10-16a

Provide an opportunity for silent meditation at the beginning of each day for students and teachers who want it.

10-16b

Provide the prescribed courses of study.

Attest that the instruction is planned, ongoing, and systematic. (The courses of study include arts, career education, consumer education, health and safety, language arts, mathematics, physical education, science, social studies, and, in secondary school, foreign language and vocational education.)

Exempt deaf or hearing impaired student from any foreign language requirement if the student's parent requests it in writing.

10-16e

Exempt students from participation in family life education on written notice from parents.

10-16l

Hold graduation ceremonies no earlier than 185th day of originally adopted school calendar (with exceptions).

10-17

Hold all classes in English, except for bilingual and English for Speakers of Other Languages (ESOL) programs.

*10-17e, f

Annually ascertain the dominant language of district children and provide bilingual education if there are 20 or more children with a single dominant language other than English.

10-18

Provide a program of U.S. history and the duties of citizenship.

10-18a

Select textbooks that reflect the achievements of individuals of both sexes, all ethnic backgrounds, and all races.

10-18c

Exempt students from any firearm safety program the district offers, upon a parent's request, and provide them with an opportunity for study.

10-19

Provide alcohol, nicotine, and drug education.

Annually attest to the SBE that all students receive the education.

Provide AIDS education.

Adopt a policy to exempt students from AIDS education upon parental request.

10-29a

Observe Martin Luther King Day, Pan American Day, and other special days on the day designated or on the last school day before the holiday.

10-33

Designate a high school in another district if the district does not have its own high school and pay tuition for students to attend that high school.

10-35

Give at least one year's notice of discontinuance of high school service to nonresidents.

10-64

If school does not offer vocational-agriculture (vo-ag) training, designate a school that students may attend. Pay tuition and reasonable and necessary costs of transportation to the vo-ag training.

10-66ee

Pay agreed-upon amount, including extra for special education, to any local charter school in the district that a student from the district attends.

Provide transportation for district students to any charter school located in district.

Hold planning and placement (PPT) meeting for charter school student who lives in district and requires special education, and pay the extra cost for special education services to charter school.

*10-69

Provide adult education including U.S. citizenship instruction, English for limited English speaking adults, and elementary and secondary completion programs.

Only provide an adult education diploma upon completion of 20 credits in specified subjects.

Award specified adult education credits for experiential learning, successfully completed courses at state-accredited schools or colleges, successfully passing tests, and independent study.

10-70

Provide rooms and other facilities for adult education classes.

10-73a

Not charge fees for adult education courses the law requires.

*10-76d

Identify children who require special education, provide special education, notify parents when children may require special education, maintain records, report annually on the progress of special education children in private institutions, and submit the report to the SBE upon request.

Be financially responsible for resident students receiving special education outside the district.

Be financially responsible for cost of special education for one calendar year for any child placed in the district by a state agency whose home district cannot be identified.

10-76h

Comply with special education hearing procedures.

10-76m

Comply with special education audit requirements.

10-76dd

Employ the requisite number of certified and licensed staff to implement each child's individualized education program (IEP).

10-76ee

Include an administrator, not necessarily the principal, in each PPT meeting.

10-76ff

Follow statutory procedures in identifying whether children require special education.

10-76gg

Provide SDE with information on race, ethnicity, and disability category of children requiring special education.

10-92a

Give teachers access to resources within the district to assist any student not eligible for special education but who has a communicative, motor skills, or physical problem.

*10-97

Pay tuition and transportation costs for students to attend a school board-designated vo-ag school and transportation costs for students attending a vocational-technical (VT) school.

10-145

Employ certified teachers and participate in the beginning teacher program.

Employ substitutes only if they have bachelor's degrees, unless SDE waives the requirement.

10-145b

Superintendent or designee must observe, guide, and evaluate the performance of teachers with initial educator certificates.

Make 18 hours of continuing education available to certified employees and attest to SDE that these professional development activities meet statutory standard.

10-145f

Upon receiving notice from the SDE, notify in writing teachers whose provisional certificates will expire in next 12 months.

10-151

Follow specified criteria and procedures for employing and terminating teachers.

10-151a

Provide copies of personnel records to certified employees upon request.

10-151b

Evaluate teachers in accordance with a plan developed pursuant to 10-220a (b).

10-151c

Obtain consent before releasing teachers' performance records.

10-153

Not discriminate on the basis of sex or marital status in the employment or compensation of teachers.

10-153d

Negotiate with the teachers' union and meet with the town fiscal authority within 30 days of starting negotiations. Permit finance board or board of selectmen member to be present during negotiations.

10-153e

Not engage in prohibited labor practices regarding collective bargaining.

10-153f

Participate in mediation and, if negotiations end in impasse, binding arbitration.

10-155f

Not require that teachers live in the district.

10-156

Allow certified employees at least 15 sick days each year and allow them to accumulate at least 150 days.

10-156a

Guarantee teachers a duty-free lunch, scheduled for a single period of consecutive minutes.

10-156c

Not impose a penalty on military reservists for a military leave.

10-156d

Reemploy professional employees after military service.

10-157

Appoint a superintendent to supervise the schools and serve as school board CEO.

10-183n

Notify teachers about to be employed of teacher retirement provisions affecting them, and make proper deductions and forward them to state treasurer.

*10-183t, as amended by PA 06-190

Allow retired teachers from the district who are not participating in Medicare Part A and B to continue participation in any group health insurance plan the district maintains for active teachers and charge retirees a premium no greater than that charged to active teachers for the same coverage.

10-183v

Make temporarily reemployed retirees eligible for active teachers' health plan.

*10-186

Provide school accommodations, including transportation, for all district students, notify the alleged responsible school board of any child to whom it denies accommodations, and follow hearing procedures for denial.

10-193

Furnish employers with certificates of age for minors in certain occupations.

10-198a

Adopt and implement specific truancy policies for children in grades K-8 and report the number of habitual truants to SDE annually.

10-203

Keep schools in a clean and sanitary condition.

10-204a

Require students to be protected by certain immunizations.

10-205

Appoint a school medical advisor if the town's population is 10,000 or more and prescribe the functions and duties to carry out statutory requirements.

10-206

Require students to have health assessments before school enrollment, in grade six or seven, and in grade 10 or 11.

10-206a

Provide free health assessments for low-income students.

10-208a

Honor written notice from health practitioners about students' physical restrictions.

10-212

Appoint a school nurse.

10-212a

Adopt written policies and procedures, approved by the school medical officer, if school board allows a school nurse or other authorized personnel to give students medicine or allows a student to self-administer medicine.

Keep records of and store controlled substances as required by the commissioner of public health.

10-212b

Adopt policies prohibiting school personnel, with certain exceptions, from recommending psychotropic drugs for any child.

10-214

Provide annual vision screenings to pupils in grades one through six and nine; audiometric screenings in grades K through three, five, and eight; and postural screenings in grades five and eight.

*10-217a

Provide the same health services for private school students as for public school students.

10-217e

Not purchase art materials unless they have requisite warning labels.

10-218

Hold board meetings at least once every six months, elect officers, and record minutes for public inspection.

*10-220

Maintain good public schools.

Implement the educational interests of the state.

Give all children in the district as nearly equal advantages as practical.

Provide adequate instructional materials, equipment, staffing, facilities, and technology.

Allocate resources equitably among schools.

Maintain facilities properly.

Provide a safe school setting.

Make a continuing study of need for school facilities and of a long-term school building program and make recommendations to the town based on the study.

Adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews as necessary.

Annually report to the education commissioner on the condition of facilities and actions taken to implement the long-term facility plan and indoor air quality program.

Advise the commissioner on the relationship between individual school building projects for which the town is seeking state assistance and the long-term school building program.

Care for and maintain school facilities and property.

Insure school buildings and property and carry minimum insurance equal to 80% of their replacement cost.

Determine the number, age, and qualifications of the pupils admitted to each school.

Develop and implement a written minority staff recruitment policy.

Employ and dismiss teachers.

Designate the schools each child in the district attends.

Require children from age seven through 15 to attend school and provide necessary transportation.

Limit student transportation contracts to no more than 5 years.

Prepare a statement of district educational goals consistent with statewide goals.

Develop student objectives that relate to the goals and identify specific expectations for student knowledge, skills, and competence.

Annually attest to the commissioner that instruction is based on the district's educational goals.

Submit an annual strategic school profile report to the commissioner.

Before January 1, 2008 and every five years thereafter, provide a uniform inspection and evaluation program of the indoor air quality within schools and make the results public.

10-220a

Provide in-service training program for teachers and other professional staff.

Develop and implement a professional development plan directly related to the district's goals and that provides for ongoing and system assessment and improvement of teacher evaluation and professional development.

10-220d

Provide full access for recruiting by regional VT, vo-ag, charter, and interdistrict magnet schools and interdistrict student attendance programs.

10-220g

Establish a written policy on weighted grading for honors and advanced placement classes.

10-220h

When a student moves into a district, notify the student's old district in writing. Old district must send student records to new district within 10 business days. If student's parents have not authorized the records transfer, old district must send them a written notice when it transfers the records.

10-220i

Not deny a student access to school transportation service solely because the student must carry a cartridge injector while traveling in a school transportation vehicle.

10-220j

Not prohibit blood glucose self-testing by children who have a written medical order to do so.

10-221

Make rules for the public schools and for the control of school library media centers and approve selection of books and other media for them.

Approve plans for public school buildings.

Develop and implement policies about homework, attendance, promotion, retention, drug use or possession, youth suicide prevention and attempts, and encouraging parental involvement.

10-221a

Require students to complete the state graduation requirements before graduating.

10-221b

Provide the same directory information to military as to other recruiters and establish a written, uniform policy for the treatment of all recruiters.

10-221c

Record and annually report school transportation complaints to the motor vehicles commissioner and report accidents to the commissioner within 10 days.

10-221d

Require job applicants to undergo a criminal record check, arrange for fingerprinting, and forward prints to the State Police.

10-221g

Conduct an instructional time and facility usage assessment to maximize student learning and community use of facilities.

10-221h

Develop and implement a three-year plan, starting September 1, 1999, to improve reading skills of students in grades K-3.

10-221p, as amended by PA 06-63

Make nutritious low-fat food available in schools at all times when food is available for students to buy.

10-221o

Offer full-day students a daily lunch period lasting at least 20 minutes.

Include a period of physical exercise in the regular school day for each student in grades K-5.

10-222

Estimate education costs for the ensuing year and forward to board of finance.

Announce all fund transfers between line items in the education budget at the board's next regularly scheduled meeting.

Not overspend total budget without approval of request for additional funds from the town.

10-222c

Before hiring any new employee, make a documented good-faith effort to contact previous employers concerning the person's fitness for the job.

10-222d

Develop a policy for use on and after February 1, 2003, to address bullying in schools.

10-222e

If they employ athletic coaches, require the coach's immediate supervisor to evaluate coaches annually and provide copies to the coaches. If the board decides to terminate the contract of a coach who has served in the same position for three or more athletic seasons, inform the coach of the reasons within 90 days after the end of the sport season covered by the contract.

10-223a

Review and revise promotion and graduation policies to ensure they foster achievement and reduce social promotion. Specify basic skills needed for graduation, including a process for assessing competency. Develop a course of study for those who have not passed the assessments.

10-224

Keep a record of all board proceedings and submit an annual report of its activities to the town. Report returns and statistics of schools, as the education commissioner requests.

10-225

Fix salaries and compensation for school attendance officers if the town does not do so.

10-226

Annually report the name, place of employment, and salary of the district's certified staff to the education commissioner and report the name and address of a new superintendent within seven days of the position being accepted.

10-226a

Annually submit data to the SBE to determine the total number of minority students and teachers, and students eligible for free and reduced-price lunches in the district, in each school, and in each grade.

10-226c

Prepare and submit a racial imbalance plan to the SBE, if notified of racial imbalance.

10-226h

Report biennially to the regional education service center for the district on programs and activities undertaken to reduce racial, ethnic, and economic isolation in schools.

10-227

Annually report on receipts, expenditures, and statistics to the education commissioner.

10-228

Provide free texts, supplies, and equipment to students.

10-229

Not change textbooks without a two-thirds vote of all members of the board.

10-230

Provide a flag for each classroom and the grounds of each school and see that it is properly displayed. Develop a policy to ensure that time is available each day in all schools to recite the Pledge of Allegiance.

10-231

Hold a fire drill in the schools at least once a month.

10-231b

Employ only certified pesticide applicators for nonemergency pesticide applications in school or on school grounds. Most schools barred from using pesticides during school hours or planned activities at the school.

10-231c

Schools without integrated pest management (IPM) plan (1) provide parents and school staff with written statement of pest management policy at beginning of school year, (2) establish registry of those desiring 24 hours advance notice of pesticide use, (3) provide the notice by mail, and (4) keep pesticide application records for five years.

10-231d

Schools with IPM plans (1) provide staff written guidelines on how plan is to be implemented and (2) provide parents with written plan summary. Allow parents and staff to register for advance notice of application. Maintain application records for five years.

10-231e

Ensure heating, ventilation, and air conditioning (HVA C) systems are (1) maintained in accordance with national standards and (2) except for scheduled maintenance or emergency repairs, operated continuously while the school is occupied unless there is demonstrated adequate air exchange without operation. Keep HVAC maintenance records for at least five years.

10-232

Not employ board members in the school system.

10-233c

Not suspend students from school without an informal hearing.

Give suspended student an opportunity to make up schoolwork and exams.

Include information about the suspension on the student's permanent record.

Erase the suspension from the record if he graduates from high school.

10-233d

Not expel a student without a hearing, and provide an alternative educational opportunity except in specified cases.

Include expulsion on his educational record.

Erase the expulsion from the record if the student graduates, unless it was for possession of a firearm or deadly weapon.

Complete any expulsion hearing even if student withdraws from school during it and include information on the student's record.

Before conducting an expulsion hearing for a special education student, convene a planning and placement team meeting to determine if the misconduct was caused by the student's disability. If so, PPT must reevaluate student's placement and individualized education program to address the misconduct and ensure safety of other children and school staff.

Submit information to the education commissioner on weapons-related expulsions as required by federal law.

10-233e

Notify students, parents, and guardians annually of student conduct policies. Adopt effective method of notifying parents and guardians of students who are suspended or expelled within 24 hours of the time the student is excluded from school.

10-233f

Not place student in in-school suspension without an informal hearing. Not place a student on in-school suspension more than 15 times or a total of 50 days during one school year.

10-233g

Report student assault of teachers or other school employee to police. Not interfere with teacher's or other employee's right to file a report with police when a student threatens or commits physical violence against an employee.

10-233h

Maintain reports of arrested students in a secure place.

10-233j

Not permit students to possess or use remote activated paging devices in school, without written permission from school principal.

10-235

Indemnify teachers, board members, employees, and certain volunteers.

10-236a

Indemnify board members and staff from expenses caused by an assault on them while on duty.

10-238

Hold a public hearing on any question specified in a petition is signed by 1% or 50 electors, whichever is greater.

10-239i

Participate in the National Assessment of Educational Progress, if designated by the commissioner.

10-239j

Publicly disclose the results of accreditation reports within 45 days, and make them available for inspection upon request.

10-249

Annually determine the age and number of children of compulsory school age. If any child of school age is not in school, superintendent must make a reasonable effort to find out why. If the child is working, superintendent must make a reasonable effort to find out the name and address of the employer.

10-250

File an annual report with commissioner on the number of school aged children.

*10-253

Be financially responsible for the education costs of district children placed in other districts by state agencies, up to 100% of its average per pupil cost. Excess costs are paid by the state. Provide free schooling to children living in temporary shelters.

10-257h

Report staff data to Teachers' Retirement Board.

*10-262j

Meet the minimum expenditure requirement.

10-263

Have state funds withheld for failure to maintain schools according to law.

*10-266w

Participate in the school breakfast program on behalf of certain severe need schools, if at least one school is so designated, and submit a statement of expenditures to the SDE.

*10-277

Pay transportation costs for students to attend an out-of-district high school, if the district does not maintain one.

*10-281

Provide the same transportation services for students enrolled in nonpublic schools in the district as for public school students, if a majority of the nonpublic school's students are Connecticut residents.

10-287

Award school construction contracts costing more than $10,000 and receiving state assistance to the lowest responsible bidder.

PA 05-104

By July 1, 2006, implement a plan, based on state guidelines, for managing students with life-threatening allergies enrolled in their schools.

PA 05-153

Transmit reports and other supporting information that the Teachers' Retirement Board requires when they transmit the monthly teacher retirement contributions.

PA 05-245

If the town receives an increase in ECS funding, have an annual budgeted education appropriation at least equal to the amount the town appropriated in the previous year plus the ECS grant increase.

PA 05-252

Not apply lawn care pesticides at public and private preschools starting January 1, 2006. Comply with restriction application on public or private elementary school grounds starting January 1, 2006 and not apply the pesticides at all starting July 1, 2008 except in emergencies.

PA 05-257

If board loans assistive devices to public school students, loans must be free.

PA 05-272

Report each asthma diagnosis to the local health department and the Department of Public Health regardless of whether it is recorded on student health assessment forms.

PA 05-290

Discontinue bilingual education for students who fail to meet the state's English mastery standard after 30 months in a bilingual education program.

PA 05-6, June Special Session

Meet acoustical standards for state-assisted school building projects.

PA 06-158

Sign architectural services contracts for state-assisted school construction projects only if they meet specified standards.

PA 06-135

Starting October 1, 2007, participate in the statewide public school information system by reporting on at least (1) student experiences in preschool by program type and number of months in the program and (2) student readiness for, and progress in, kindergarten.

PA 06-63

Sell only certain healthy beverages to students in schools.

PA 06-115

Tell students how to report bullying and require interventions for students who repeatedly bully or are bullied.

Mail school notices to parent or guardian with whom the student does not primarily reside when they mail them to the other parent or guardian.

PA 06-167

Include information on parental involvement in strategic school profiles.

PA 06-192

Credit students for all instruction received from Unified School District #1 (Dept. of Corrections) within 30 days of receiving records from USD #1.

PA 06-18

Not require a student to get a prescription drug before he may go to school, be evaluated to determine special education eligibility, or receive special education.

PA 06-192

Before reemploying a retired teacher, certify to Teachers' Retirement Board that no other qualified candidate is available.

JSL:tjo