Sec. 10-212a. Administration of medications in schools and at athletic events.
Regulations. (a)(1) A school nurse or, in the absence of such nurse, any other nurse
licensed pursuant to the provisions of chapter 378, including a nurse employed by, or
providing services under the direction of a local or regional board of education at, a
school-based health clinic, who shall administer medical preparations only to students
enrolled in such school-based health clinic in the absence of a school nurse, the principal,
any teacher, licensed physical or occupational therapist employed by a school district,
or coach of intramural and interscholastic athletics of a school may administer, subject
to the provisions of subdivision (2) of this subsection, medicinal preparations, including
such controlled drugs as the Commissioner of Consumer Protection may, by regulation,
designate, to any student at such school pursuant to the written order of a physician
licensed to practice medicine or a dentist licensed to practice dental medicine in this or
another state, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance
with section 20-12d, and the written authorization of a parent or guardian of such child.
The administration of medicinal preparations by a nurse licensed pursuant to the provisions of chapter 378, a principal, teacher, licensed physical or occupational therapist
employed by a school district, or coach shall be under the general supervision of a
school nurse. No such school nurse or other nurse, principal, teacher, licensed physical
or occupational therapist employed by a school district, coach or school paraprofessional
administering medication pursuant to subsection (d) of this section shall be liable to
such student or a parent or guardian of such student for civil damages for any personal
injuries which result from acts or omissions of such school nurse or other nurse, principal,
teacher, licensed physical or occupational therapist employed by a school district, coach
or school paraprofessional administering medication pursuant to subsection (d) of this
section in administering such preparations which may constitute ordinary negligence.
This immunity shall not apply to acts or omissions constituting gross, wilful or wanton
negligence.
(2) Each local and regional board of education that allows a school nurse or, in the
absence of such nurse, any other nurse licensed pursuant to the provisions of chapter
378, including a nurse employed by, or providing services under the direction of a local
or regional board of education at, a school-based health clinic, who shall administer
medical preparations only to students enrolled in such school-based health clinic in the
absence of a school nurse, the principal, any teacher, licensed physical or occupational
therapist employed by a school district, or coach of intramural and interscholastic athletics of a school to administer medicine or that allows a student to self-administer medicine
shall adopt written policies and procedures, in accordance with this section and the
regulations adopted pursuant to subsection (c) of this section, that shall be approved by
the school medical advisor or other qualified licensed physician. Once so approved, such
administration of medication shall be in accordance with such policies and procedures.
(b) Each school wherein any controlled drug is administered under the provisions
of this section shall keep such records thereof as are required of hospitals under the
provisions of subsections (f) and (h) of section 21a-254 and shall store such drug in
such manner as the Commissioner of Consumer Protection shall, by regulation, require.
(c) The State Board of Education, in consultation with the Commissioner of Public
Health, may adopt regulations, in accordance with the provisions of chapter 54, as determined to be necessary by the board to carry out the provisions of this section, including,
but not limited to, regulations that (1) specify conditions under which a coach of intramural and interscholastic athletics may administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child participating in such intramural and interscholastic athletics, (2) specify conditions and
procedures for the administration of medication by school personnel to students, and
(3) specify conditions for self-administration of medication by students. The regulations
shall require authorization pursuant to: (A) The written order of a physician licensed to
practice medicine or a dentist licensed to practice dental medicine in this or another
state, an advanced practice registered nurse licensed under chapter 378, a physician
assistant licensed under chapter 370, a podiatrist licensed under chapter 375 or an optometrist licensed under chapter 380; and (B) the written authorization of a parent or guardian
of such child.
(d) (1) With the written authorization of a student's parents, and (2) pursuant to
the written order of the student's (A) physician licensed to practice medicine, (B) an
advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or (C) a physician assistant licensed to prescribe in accordance with section 20-12d, a school nurse and a school medical advisor may jointly approve and provide
general supervision to an identified school paraprofessional to administer medication,
including, but not limited to, medication administered with a cartridge injector, to a
specific student with a medically diagnosed allergic condition that may require prompt
treatment in order to protect the student against serious harm or death. For purposes of
this subsection, "cartridge injector" means an automatic prefilled cartridge injector or
similar automatic injectable equipment used to deliver epinephrine in a standard dose
for emergency first aid response to allergic reactions.
(1969, P.A. 723, S. 1; P.A. 74-86; P.A. 77-101, S. 3; P.A. 78-99, S. 1, 3; 78-303, S. 57, 136; P.A. 79-560, S. 4, 39; 79-631, S. 38, 111; P.A. 84-498, S. 4, 5; P.A. 88-360, S. 47, 63; P.A. 90-85, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 94-103, S. 2;
94-213, S. 1; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 99-2, S. 37; P.A. 03-211, S. 4; June 30 Sp. Sess. P.A. 03-6,
S. 146(h); P.A. 04-181, S. 1; 04-189, S. 1.)
History: P.A. 74-86 substituted "in the absence of such nurse" for "in her absence" in Subsec. (a); P.A. 77-101 included
reference to Subsec. (h) of Sec. 19-461 in Subsec. (b); P.A. 78-99 substituted commissioner of health services for public
health council in Subsec. (a) and allowed nurses to administer drugs on prescription of physicians licensed in states other
than Connecticut; P.A. 78-303 substituted commissioner of health services for public health council in Subsec. (b); P.A.
79-560 and P.A. 79-631 included reference to Subsec. (h) of Sec. 19-461 in Subsec. (b); P.A. 84-498 permitted licensed
practical nurses to administer medicinal preparations in a school and required all such preparations to be administered
under the general supervision of a school nurse and added reference to dentist's prescriptions; P.A. 88-360 in Subsec. (a)
provided for the administration of aspirin, ibuprofen or an aspirin substitute containing acetaminophen; P.A. 90-85 amended
Subsec. (a) to delete language allowing a nurse, principal or teacher to administer aspirin, ibuprofen or an aspirin substitute
containing acetaminophen to a student pursuant to a written commissioner of health services with commissioner of public
health and addiction services, effective July 1, 1993; P.A. 94-103 amended Subsec. (a) to add provision regarding nurses
in school-based health clinics; P.A. 94-213 amended Subsec. (a) to add reference to prescriptions by advanced practice
registered nurses and physician assistants; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 99-2 amended Subsec. (a) by adding coaches to list of who may administer drugs and added Subsec. (c) re regulation on
administration of drugs by coaches; P.A. 03-211 amended Subsec. (a) to include references to licensed physical or occupational therapists and paraprofessionals and substitute Commissioner of Consumer Protection for Commissioner of Public
Health, amended Subsec. (b) to substitute Commissioner of Consumer Protection for Commissioner of Public Health,
amended Subsec. (c) to allow the State Board of Education to adopt regulations in consultation with the Commissioner of
Public Health, designate provisions re coaches as Subdiv. (1), add Subdivs. (2) and (3) re administration of medication by
school personnel and students and redesignate Subdivs. (1) and (2) as Subparas. (A) and (B), and added Subsec. (d) re
administration of medication by a paraprofessional, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A.
04-181 amended Subsec. (a) by designating existing provisions as Subdiv. (1), making a conforming change therein and
adding Subdiv. (2) re written policies and procedures for self-administration of medicine, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
See Sec. 10-220j re blood glucose self-testing by children.
Sec. 10-212b. Policies prohibiting the recommendation of psychotropic drugs
by school personnel. (a) For purposes of this section, (1) "psychotropic drugs" means
prescription medications for behavioral or social-emotional concerns, such as attentional deficits, impulsivity, anxiety, depression and thought disorders, and includes, but
is not limited to, stimulant medication and antidepressants, and (2) "school health or
mental health personnel" means school nurses or nurse practitioners appointed pursuant
to section 10-212, school medical advisors appointed pursuant to section 10-205, school
psychologists, school social workers, school counselors and such other school personnel
who have been identified as the person responsible for communication with a parent or
guardian about a child's need for medical evaluation pursuant to a policy adopted by a
local or regional board of education as required by subsection (b) of this section.
(b) Each local and regional board of education shall adopt and implement policies
prohibiting any school personnel from recommending the use of psychotropic drugs for
any child. Such policies shall set forth procedures (1) for communication between school
health or mental health personnel and other school personnel about a child who may
require a recommendation for a medical evaluation, (2) establishing the method in which
school health or mental health personnel communicate a recommendation to a parent
or guardian that such child be evaluated by an appropriate medical practitioner, and (3)
for obtaining proper consent from a parent or guardian of a child for the school health
or mental health personnel to communicate about such child with a medical practitioner
outside the school who is not a school employee. The provisions of this section shall
not prohibit (A) school health or mental health personnel from recommending that a
child be evaluated by an appropriate medical practitioner, (B) school personnel from
consulting with such practitioner with the consent of the parents or guardian of such
child, (C) the planning and placement team from recommending a medical evaluation
as part of an initial evaluation or reevaluation, as needed to determine a child's (i)
eligibility for special education and related services, or (ii) educational needs for an
individualized education program.
(P.A. 01-124, S. 1; P.A. 03-211, S. 8.)
History: P.A. 03-211 added new Subsec. (a) defining "psychotropic drugs" and "school health or mental health personnel", designated existing provisions as Subsec. (b) and amended same to add procedures to be included in policies and
provisions re planning and placement team, substitute "school health or mental health personnel" for "school medical
staff" and make technical changes, effective July 1, 2003.
Sec. 10-213. Dental hygienists. A local or regional board of education may appoint
and prescribe the functions and duties of one or more licensed dental hygienists.
(1949 Rev., S. 1474; P.A. 78-218, S. 137; P.A. 80-440, S. 3, 10.)
History: P.A. 78-218 specified applicability to local and regional boards of education and referred to schools of local
or regional board rather than schools "in such town"; P.A. 80-440 replaced previous provisions with simple statement that
school board may appoint dental hygienists and prescribe their functions and duties.
Cited. 152 C. 568.
Sec. 10-214. Vision, audiometric and postural screenings: When required; notification of parents re defects; record of results. (a) Each local or regional board of
education shall provide annually to each pupil in kindergarten, grades one to six, inclusive, and grade nine, a vision screening, using a Snellen chart, or equivalent screening.
The superintendent of schools shall give written notice to the parent or guardian of each
pupil who is found to have any defect of vision or disease of the eyes, with a brief
statement describing such defect or disease.
(b) Each local or regional board of education shall provide annually audiometric
screening for hearing to each pupil in kindergarten to grade three, inclusive, grade five
and grade eight. The superintendent of schools shall give written notice to the parent
or guardian of each pupil found to have any impairment or defect of hearing, with a
brief statement describing such impairment or defect.
(c) Each local or regional board of education shall provide annual postural screenings for each pupil in grades five to nine. The superintendent of schools shall give written
notice to the parent or guardian of each pupil who evidences any postural problem, with
a brief statement describing such evidence.
(d) Test results or treatment provided as a result of the screenings pursuant to this
section shall be recorded on forms pursuant to subsection (a) of section 10-206.
(e) The State Board of Education, with the technical advice and assistance of the
Department of Public Health, shall adopt regulations in accordance with the provisions
of chapter 54 for screenings pursuant to this section.
(1949 Rev., S. 1475; P.A. 77-125; P.A. 78-218, S. 138; P.A. 80-440, S. 7, 10; P.A. 81-472, S. 11, 159; P.A. 93-381,
S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-229.)
History: P.A. 77-125 included testing for farsightedness in eyesight tests of students; P.A. 78-218 substituted "such
optometrist" for "he" and deleted phrase "under his charge" in provision re testing by superintendent, principal or teacher
when no examination has been made under Sec. 10-206; P.A. 80-440 replaced former provisions with requirements for
visual, audiometric and postural screenings, records of results and treatment and regulations governing screenings; P.A.
81-472 made technical changes; P.A. 93-381 replaced department of health services with department of public health and
addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-229 amended
Subsec. (c) to substitute annual screenings in grades five through nine for screening in grade five and again in grade eight.
See Sec. 20-136 re vision examinations performed by optometrists.
Cited. 152 C. 568.
Sec. 10-214a. Eye-protective devices. The State Board of Education shall make
regulations concerning the use of appliances and devices for eye protection in the laboratories and workshops of all public and private elementary and secondary schools, including regional vocational technical schools. Such regulations shall prescribe the kind and
construction of such appliances and devices and the times during which they shall be
used. The board, or equivalent supervisory body, which is responsible for the administration of any such school shall be responsible for compliance with said regulations.
(1967, P.A. 572, S. 1.)
Sec. 10-214b. Compliance report by local or regional board of education. Section 10-214b is repealed, effective June 3, 1996.
(P.A. 80-440, S. 9, 10; P.A. 88-136, S. 10, 37; 88-364, S. 16, 123; P.A. 96-161, S. 12, 13.)
Sec. 10-215. Lunches, breakfasts and other feeding programs for public
school children and employees. Any local or regional board of education may establish
and operate a school lunch program for public school children, may operate lunch services for its employees, may establish and operate a school breakfast program, as provided under federal laws governing said programs, or may establish and operate such
other child feeding programs as it deems necessary. Charges for such lunches, breakfasts
or other such feeding may be fixed by such boards and shall not exceed the cost of
food, wages and other expenses directly incurred in providing such services. When such
services are offered, a board shall provide free lunches, breakfasts or other such feeding
to children whose economic needs require such action under the standards promulgated
by said federal laws. Such board is authorized to purchase equipment and supplies that
are necessary, to employ the necessary personnel, to utilize the services of volunteers
and to receive and expend any funds and receive and use any equipment and supplies
which may become available to carry out the provisions of this section. Any town board
of education may vote to designate any volunteer organization within the town to provide
a school lunch program, school breakfast program or other child feeding program in
accordance with the provisions of this section.
(1949 Rev., S. 1476; 1953, S. 945d; 1971, P.A. 702, S. 1; P.A. 78-218, S. 139; P.A. 81-208, S. 1; 81-472, S. 123, 159.)
History: 1971 act revised section to include references to National School Lunch Act and breakfast programs as provided
in Federal Child Nutrition Act and required that if school district elects to offer lunch and/or breakfast programs it must
provide free meals to children "whose economic needs require such action"; P.A. 78-218 substituted "Any local or regional
board of education" for "The board of education of any school district"; P.A. 81-208 replaced specific references to National
School Lunch Act and Federal Child Nutrition Act with general reference to applicable federal laws; P.A. 81-472 made
technical changes.
See Sec. 10-237 re use of school activity fund for school lunch program and re accounts of school lunch program.
Cited. 152 C. 568.
Sec. 10-215a. Nonpublic school and nonprofit agency participation in feeding
programs. Nonpublic schools and nonprofit agencies may participate in the school
breakfast, lunch and other feeding programs provided in sections 10-215 to 10-215b
under such regulations as may be promulgated by the State Board of Education in conformance with said sections and under the federal laws governing said programs.
(1971, P.A. 702, S. 2; P.A. 81-208, S. 2; P.A. 92-170, S. 14, 26.)
History: P.A. 81-208 allowed nonprofit agencies to participate in school breakfast, lunch and other feeding programs;
P.A. 92-170 made a technical change.
Sec. 10-215b. Duties of State Board of Education re feeding programs. (a) The
State Board of Education is authorized to expend in each fiscal year an amount equal
to the money required pursuant to the matching requirements of said federal laws and
shall disburse the same in accordance with said laws.
(b) The State Board of Education shall prescribe the manner and time of application
by local and regional boards of education or controlling authority of the nonpublic
schools for such funds, provided such application shall include the certification that any
funds received pursuant to subsection (a) of this section shall be used for the program
approved. The State Board of Education shall determine the eligibility of the applicant
to receive such grants pursuant to regulations provided in subsection (c) of this section
and shall certify to the Comptroller the amount of the grant for which the board of
education or nonpublic school is eligible. Upon receipt of such certification, the Comptroller shall draw an order on the Treasurer in the amount, at the time and to the payee
so certified.
(c) The State Board of Education may adopt such regulations as may be necessary
in implementing sections 10-215 to 10-215b, inclusive.
(1971, P.A. 702, S. 3-5; P.A. 78-218, S. 140; P.A. 81-208, S. 3; P.A. 92-170, S. 15, 26.)
History: P.A. 78-218 specified applicability of Subsec. (b) to local and regional boards of education, deleting references
to school boards and school districts, and made technical correction; P.A. 81-208 deleted provisions detailing subject
matter of regulations in Subsec. (c); P.A. 92-170 made a technical change in Subsec. (c).
Sec. 10-215c. Annual report. Section 10-215c is repealed.
(1971, P.A. 702, S. 6; P.A. 73-310; P.A. 78-218, S. 141; P.A. 82-314, S. 54, 63; P.A. 92-170, S. 25, 26.)
Sec. 10-215d. Regulations re nutrition standards for school breakfasts and
lunches. Not later than July 1, 1991, the State Board of Education, in consultation
with the Department of Public Health, the School Food Service Association and the
Connecticut Dietetic Association, shall, pursuant to the provisions of chapter 54, adopt
regulations concerning nutrition standards for breakfasts and lunches provided to students by local and regional boards of education.
(P.A. 90-27, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 10-216. Payment of expenses. The expenses incurred under the provisions
of this chapter, except the expenses of school lunch programs, shall be paid in the same
manner as are the ordinary expenses for the support of schools in the several towns and
school districts.
(1949 Rev., S. 1477; 1953, S. 946d.)
Sec. 10-217. Penalty. Any person who is responsible for the violation of any provision of this chapter shall be fined not more than five hundred dollars or imprisoned not
more than six months or both.
(1949 Rev., S. 1464; 1955, S. 943d.)
Sec. 10-217a. Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools.
(a) Each town or regional school district which provides health services for children
attending its public schools in any grade, from kindergarten to twelve, inclusive, shall
provide the same health services for children in such grades attending private nonprofit
schools therein, when a majority of the children attending such schools are residents of
the state of Connecticut. Any such town or district may also provide such services for
children in prekindergarten programs in such private nonprofit schools when a majority
of the children attending such schools are residents of the state of Connecticut. Such
determination shall be based on the percentage of resident pupils enrolled in such school
on October first, or the full school day immediately preceding such date, during the
school year next prior to that in which the health services are to be provided. The provisions of this section shall not be construed to require a town or district to provide such
services to any child who is not a resident of this state. Such health services shall include
the services of a school physician, school nurse and dental hygienist, provided such
health services shall not include special education services which, if provided to public
school students, would be eligible for reimbursement pursuant to section 10-76g. For
purposes of this section, a resident is a person with continuous and permanent physical
presence within the state, except that temporary absences for short periods of time shall
not affect the establishment of residency.
(b) Any town or regional school district providing such services for children attending such private schools shall be reimbursed by the state for a percentage of the
amount paid from local tax revenues for such services as follows:
(1) The percentage of the amount paid from local tax revenues for such services
reimbursed to a local board of education shall be determined by (A) ranking each town
in the state in descending order from one to one hundred sixty-nine according to such
town's adjusted equalized net grand list per capita, as defined in section 10-261; (B)
based upon such ranking, (i) for reimbursement paid in the fiscal year ending June 30,
1990, a percentage of not less than forty-five or more than ninety shall be determined
for each town on a continuous scale, except that for any town in which the number of
children under the temporary family assistance program, as defined in subdivision (17)
of section 10-262f, is greater than one per cent of the total population of the town, as
defined in subdivision (7) of subsection (a) of section 10-261, the percentage shall be
not less than eighty, (ii) for reimbursement paid in the fiscal years ending June 30, 1991,
to June 30, 2001, inclusive, a percentage of not less than ten or more than ninety shall
be determined for each town on a continuous scale, except that for any town in which
the number of children under the temporary family assistance program, as defined in
subdivision (17) of section 10-262f, is greater than one per cent of the total population
of the town, as defined in subdivision (7) of subsection (a) of section 10-261, and for
any town which has a wealth rank greater than thirty when towns are ranked pursuant
to subparagraph (A) of this subdivision and which provides such services to greater than
one thousand five hundred children who are not residents of the town, the percentage
shall be not less than eighty, and (iii) for reimbursement paid in the fiscal year ending
June 30, 2002, and each fiscal year thereafter, a percentage of not less than ten or more
than ninety shall be determined for each town on a continuous scale, except that for any
town in which the number of children under the temporary family assistance program,
as defined in subdivision (17) of section 10-262f, for the fiscal year ending June 30,
1997, was greater than one per cent of the total population of the town, as defined in
subdivision (7) of subsection (a) of section 10-261, for the fiscal year ending June 30,
1997, and for any town which has a wealth rank greater than thirty when towns are ranked
pursuant to subparagraph (A) of this subdivision and which provides such services to
greater than one thousand five hundred children who are not residents of the town, the
percentage shall be not less than eighty.
(2) The percentage of the amount paid from local tax revenues for such services
reimbursed to a regional board of education shall be determined by its ranking. Such
ranking shall be determined by (A) multiplying the total population, as defined in section
10-261, of each town in the district by such town's ranking, as determined in subdivision
(1) of this subsection, (B) adding together the figures determined under subparagraph
(A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of
this subdivision by the total population of all towns in the district. The ranking of each
regional board of education shall be rounded to the next higher whole number and each
such board shall receive the same reimbursement percentage as would a town with the
same rank.
(c) Any town or regional school district which provides such services shall file an
application for such reimbursement not later than the September fifteenth following the
fiscal year in which the services were provided on a form to be provided by the State
Board of Education. Payment shall be made not later than the following January fifteenth.
(d) (1) Upon written notification from the town or regional school district providing
such services, the town of which children attending such private schools are residents
shall pay to the town or regional school district which provided such services during
the fiscal year ending June 30, 1989, a proportionate share of the average unreimbursed
cost per child for providing such services. Such proportionate share shall be equal to
(A) the difference between the amount paid by a town or regional school district for
providing such services for children attending such private schools and the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, divided by (B) the total number
of children attending such private schools in the town or regional school district and
multiplied by (C) the number of children who are residents of the town and who attend
such private schools in the town or regional school district providing such services.
(2) Payment to a town or regional school district pursuant to the provisions of this
subsection shall not make a town making such a payment eligible for reimbursement
under the provisions of subsection (b) of this section.
(3) Upon written notification from the town or regional school district providing
such services, any such private school shall pay to the town or regional school district
which provided such services during the fiscal year ending June 30, 1989, the difference
between the amount paid by the town or regional school district for providing such
services for children attending such private school and the sum of (A) the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, (B) payments received by or due to
such town or regional school district pursuant to subdivision (1) of this subsection for
providing such services and (C) the proportionate share of the average unreimbursed
cost per child for providing such services to children who are residents of the town
providing such services and who attend such private school, such share which shall be
equal to (i) the difference between the amount paid by the town or regional school district
for providing such services for children attending such private school and the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, divided by (ii) the total number of
children attending such private school and multiplied by (iii) the number of children
who are residents of the town providing such services and who attend such private
school.
(e) Notwithstanding the provisions of subsection (a) of this section to the contrary,
any town (1) in which more than four hundred children who are not residents of the
state attend private nonprofit schools which are in the town and in which a majority
of the children attending such schools are residents of the state and (2) for which the
percentage of the amount paid from local tax revenues reimbursed to the local board of
education pursuant to subsection (b) of this section is less than fifteen per cent may, at
its discretion, provide such services to children in such private nonprofit schools who
are not residents of the state.
(f) The pay of certificated personnel shall be subject to the rules and regulations
providing for deduction for the state Teacher's Retirement Fund by the board of education of such town applicable to certificated teaching personnel in the public schools of
such town. This subsection shall be retroactive to July 1, 1968.
(g) A town or regional school district may provide, at its own expense, the services
of a school psychologist, speech remedial services, school social worker's services and
special language teachers for non-English-speaking students to children attending private nonprofit schools in such town or district.
(1967, P.A. 481, S. 1, 2; 1969, P.A. 568, S. 1; 1972, P.A. 296, S. 1; P.A. 83-422, S. 1, 2; P.A. 84-255, S. 10, 21; P.A.
85-249, S. 1, 3; P.A. 88-360, S. 23, 63; P.A. 89-355, S. 6, 20; P.A. 90-225, S. 3, 10; 90-325, S. 28, 32; 91-303, S. 15, 22;
June Sp. Sess. P.A. 91-7, S. 8, 22; June 18 Sp. Sess. P.A. 97-2, S. 12, 165; June Sp. Sess. P.A. 01-1, S. 9, 54; June 30 Sp.
Sess. P.A. 03-6, S. 1; P.A. 04-257, S. 11.)
History: 1969 act added Subsec. (c) re deductions from pay of certificated personnel; 1972 act amended Subsec. (a) to
require health and welfare services in private schools when majority of students from Connecticut rather than from the
municipality in which private school located; P.A. 83-422 amended Subsec. (a) to provide for method of determining when
a majority of children attending private schools are from the state, and to add language concerning provision of clerical,
supervisory and administrative services necessary to offer health and welfare services; P.A. 84-255 amended Subsecs. (a)
and (b) adding reference to regional school districts; P.A. 85-249 amended section to permit towns to provide health and
welfare services to children in prekindergarten programs in private nonprofit schools, to clarify that such services do not
include special education services and to add a definition of residency; P.A. 88-360 added Subsec. (d) re reimbursement
for health and welfare services for children attending incorporated or endowed high schools or academies; P.A. 89-355 in
Subsec. (a) made the determination of the number of resident children based on the number enrolled on October first rather
than the average of those enrolled on October first and May first and made a technical change, in Subsec. (b) provided that
reimbursement from the state be a percentage of the amount paid from local tax revenues rather than the full amount paid
from such revenues, added new Subsec. (c) designation, added new Subsec. (d) re reimbursement from sending school
districts and private schools, relettered Subsec. (c) as Subsec. (e) and deleted obsolete former Subsec. (d) re reimbursement
for providing health and welfare services to children attending incorporated or endowed high schools or academies; P.A.
90-225 in Subdiv. (1) of Subsec. (b) limited the forty-five to ninety per cent reimbursement scale to reimbursement paid
in the fiscal year ending June 30, 1990, provided that for fiscal years thereafter the scale be ten to ninety per cent with a
minimum of eighty per cent for certain towns and made a technical change, in Subsec. (c) specified that applications be
filed not later than September fifteenth and that payment be made not later than the following January fifteenth, in Subsec.
(d) limited the payments to towns by other towns and private schools to payments for services during the fiscal year ending
June 30, 1989, and inserted a new Subdiv. (2) designation making previous Subdiv. (2) Subdiv. (3) and in Subsec. (e)
made a technical change; P.A. 90-325 added new Subsec. (e) re certain towns' discretionary powers to provide health and
welfare services to nonresident children enrolled in private schools and relettered Subsec. (e) as (f); P.A. 91-303 in Subsec.
(a) added language specifying that towns need not provide services to children who are not residents of this state; June Sp.
Sess. 91-7 removed the requirement to provide welfare services, including the services of a school psychologist, speech
remedial services, school social worker's services, special language teachers for non-English-speaking students, and such
clerical supervisory and administrative services necessary to the provision of health and welfare services, and added Subsec.
(g) re towns' discretionary power to provide certain services at their own expense; June 18 Sp. Sess. P.A. 97-2 amended
Subsec. (b) to replace references to aid to families with dependent children with temporary family assistance and made
technical changes, effective July 1, 1997; June Sp. Sess. P.A. 01-1 amended Subsec. (b)(1) to limit Subpara. (B)(ii) to the
fiscal years ending June 30, 1991, to June 30, 2001, inclusive, and to add Subpara. (B)(iii) re the fiscal years ending June
30, 2002, and June 30, 2003, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b)(1) by making grant
permanent, effective August 20, 2003; P.A. 04-257 made technical changes in Subsec. (b)(1), effective June 14, 2004.
Sec. 10-217b. Appropriation. Section 10-217b is repealed.
(1972, P.A. 296, S. 2; P.A. 78-218, S. 211.)
Sec. 10-217c. Definitions. As used in sections 10-217d to 10-217g, inclusive:
(1) "Art or craft material" means any raw or processed material or manufactured
product marketed or represented by the manufacturer as suitable for use in any phase
of the creation of any work of visual or graphic art of any medium which (A) contains
a carcinogenic substance, as defined in section 19a-329, or is a potential human carcinogen, as defined in this section, or contains a toxic substance which has been identified
as an air contaminant under the Occupational Safety and Health Standards, Code of
Federal Regulations, Title 29, Chapter XVII, Subpart Z, Section 1910.1000, (B) is in a
form that would expose users to the carcinogen, potential human carcinogen or toxic
substance through ingestion, inhalation or absorption and (C) is used in a public primary
or secondary school;
(2) "Medium" includes, but is not limited to, paintings, drawings, prints, sculpture,
ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather
and textile goods;
(3) "Package insert" means a display or written, printed or graphic matter upon a
leaflet or suitable material accompanying the art or craft material; and
(4) "Potential human carcinogen" means any substance which does not meet the
definition of human carcinogen, but for which there exists sufficient evidence of carcinogenity in animals, as determined by the International Agency for Research on Cancer
or the National Toxicology Program of the United States Department of Health and
Human Services.
(P.A. 88-308, S. 1.)
Sec. 10-217d. Warning labels. (a) On and after June 1, 1989, no person shall
distribute, sell, offer for sale, or expose for sale for use in a public primary or secondary
school any art or craft material unless such material bears a conspicuous label that says
"WARNING" and includes, but is not limited to, the following information: (1) The
name of each toxic substance, carcinogen or potential carcinogen contained in the material, including generic or chemical name, (2) the chronic and acute effects of exposure
to such toxic substance, carcinogen or potential carcinogen and the symptoms of effect
of such exposure, to the extent such information is available from the Consumer Product
Safety Commission, the United States Occupational Health and Safety Administration,
the International Agency for Research on Cancer or the National Toxicology Program
of the United States Department of Health and Human Services and (3) a statement of
safe use and storage for such art or craft material.
(b) The label shall be placed on the outside container or on a package insert which
is easily legible.
(c) An art or craft material shall be deemed to comply with the requirements of this
section if the art or craft material complies with labeling standard D4236 of the American
Society for Testing and Materials, as revised, unless the Commissioner of Consumer
Protection determines that the label on the art or craft material does not properly warn
of the dangers inherent in the use of the art or craft material.
(P.A. 88-308, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: (Revisor's note: In 2003 a reference in Subsec. (a) to "United States Department of Health" was changed
editorially by the Revisors to "United States Department of Health and Human Services" for accuracy); June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 10-217e. Purchase of art or craft materials by local or regional school
districts. On and after June 1, 1989, no art or craft material may be ordered or purchased
by any local or regional school district for use by students in kindergarten through
grade twelve, inclusive, unless such art or craft material bears a label that meets the
requirements of section 10-217d. Any art or craft material ordered or purchased before
said date, which does not bear the label required under section 10-217d, may be used
by students in kindergarten through grade twelve, inclusive.
(P.A. 88-308, S. 3.)
Sec. 10-217f. Availability of lists of carcinogenic substances, potential human
carcinogens and certain toxic substances. The Commissioner of Education shall make
available to each local or regional school district a list of carcinogenic substances as
defined in section 19a-329, potential human carcinogens as determined by the International Agency for Research on Cancer of the National Toxicology Program of the United
States Department of Health and Human Services and toxic substances which have been
identified as an air contaminant under the Occupational Safety and Health Standards,
Code of Federal Regulations, Title 29, Chapter XVII, Subpart 2, Section 1910.1000.
(P.A. 88-308, S. 4.)
Sec. 10-217g. Exemptions. Notwithstanding the provisions of sections 10-217d
and 10-217e, if the Commissioner of Consumer Protection determines that a carcinogen,
potential human carcinogen or toxic substance contained in any art or craft material
cannot be ingested, inhaled or otherwise absorbed into the body during any reasonably
foreseeable use of the material so as to pose adverse health effects, said commissioner
may exempt such art or craft material from the provisions of said sections 10-217d and
10-217e.
(P.A. 88-308, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.