File No. 501

Senate, April 7, 2008

The Committee on Education reported through SEN. GAFFEY of the 13th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE WITHDRAWAL OF A CHILD FROM ENROLLMENT IN A PUBLIC SCHOOL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-184 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments. Subject to the provisions of this section and section 10-15c, each parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools.

(b) The parent or person having control of a child sixteen or seventeen years of age who does not intend to provide equivalent instruction to such child pursuant to subsection (a) of this section may consent, as provided in this [section] subsection, to such child's withdrawal from school. Such parent or person shall personally appear at the school district office and sign a withdrawal form. The school district shall provide such parent or person with information on the educational options available in the school system and in the community.

(c) The parent or person having control of a child five years of age shall have the option of not sending the child to school until the child is six years of age and the parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. [The] Unless the parent or person having control of such child elects to provide equivalent instruction pursuant to the provisions of subsection (a) of this section, the parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The school district shall provide the parent or person with information on the educational opportunities available in the school system.

(d) (1) If the parent or other person having control of a child elects to provide the equivalent instruction pursuant to subsection (a) of this section to such child, other than through enrollment of such child in a nonpublic school, such parent or other person shall provide written notice pursuant to this subsection to (A) (i) the principal of the school the child is attending, or (ii) if such child is not enrolled in school, to the principal of the school such child would otherwise attend due to the child's residency, or (B) the superintendent of schools for the local or regional school district in which such school is located. The parent or other person having control of such child shall provide notice in accordance with the provisions of this subsection each time such child resides in a school district other than the district for which such notice was initially provided.

(2) Notice provided pursuant to this subsection shall (A) state that the parent or other person having control of such child intends to provide the child with equivalent instruction pursuant to subsection (a) of this section, (B) be signed by the parent or other person having control of such child, and (C) be delivered by certified mail, return receipt requested. The principal or superintendent and the local or regional board of education employing the principal or superintendent shall immediately accept such notice as evidence that the child is receiving such equivalent instruction.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either chamber thereof for any purpose:

OFA Fiscal Note

State Impact: None

Municipal Impact: None

The Out Years

State Impact: None

Municipal Impact: None



OLR Bill Analysis

sSB 162

AN ACT CONCERNING THE WITHDRAWAL OF A CHILD FROM ENROLLMENT IN A PUBLIC SCHOOL.

SUMMARY:

The law generally requires parents to enroll their children in public school unless they are receiving equivalent instruction elsewhere. This bill creates a uniform procedure for parents to notify their local public schools when their children are being home schooled. They must provide a written notice stating that they, or someone else who has control of the child, intend to provide equivalent instruction pursuant to existing state law. They must sign the document and send it certified mail, return receipt requested, to either:

1. the principal of the public school the child is attending;

2. if the child is not enrolled, the principal of the school the student would attend based on residency; or

3. the superintendent of schools for the local or regional district in which the appropriate school is located.

The bill directs principals and superintendents and the local or regional boards of education that employ them to immediately accept the notice as evidence that the child is receiving equivalent instruction.

Parents and others having control of the child must comply with the bill's notice requirements each time they move into a different school district.

The bill does not change existing in-person notification requirements when parents who do not intend to provide equivalent instruction (1) consent to the withdrawal of a 16- or 17-year old or (2) opt not to enroll their child until he or she reaches age seven.

EFFECTIVE DATE: July 1, 2008

COMMITTEE ACTION

Select Committee on Children

Joint Favorable Substitute Change of Reference

Education Committee

Joint Favorable Substitute