Sec. 10-241. Powers of school districts. Each school district shall be a body corporate and shall have power to sue and be sued; to purchase, receive, hold and convey real
and personal property for school purposes; to build, equip, purchase and rent schoolhouses and make major repairs thereto and to supply them with fuel, furniture and other
appendages and accommodations; to establish and maintain schools of different grades;
to establish and maintain a school library; to lay taxes and to borrow money for the
purposes herein set forth; to make agreements and regulations for the establishing and
conducting of schools not inconsistent with the regulations of the town having jurisdiction of the schools in such district; and to employ teachers, in accordance with the
provisions of section 10-151, and pay their salaries. When such board appoints a superintendent, such superintendent may, with the approval of such board, employ the teachers.
(1949 Rev., S. 1498, 1507; 1953, S. 955d.)
Annotations to former statutes:
Every inhabitant of a school district is a party to a suit brought against it and his property may be taken on an execution
issued against it. 10 C. 395. See 26 C. 527. A vote laying a tax is sufficiently definite if it is reasonably clear that the tax
was imposed for legitimate purposes. 12 C. 437-439. Districts may sue by the name by which they are generally known.
13 C. 227. What is sufficient warning of meeting of school district. 13 C. 234. The records of a school district are evidence
of its votes in a suit to which it is a party. 13 C. 235. The votes and proceedings of school districts, if within their jurisdiction,
will be liberally construed. 15 C. 332, 454. The character and cost of school buildings, within broad limits, is left to the
school district; courts will not interfere with this discretion except in clear cases of abuse. 25 C. 227; 63 C. 131. Extent of
discretionary power of school district illustrated. 25 C. 227, 228. Schoolhouse may not be used for religious purposes
against objection of taxpayers, and injunction will lie against such use. 27 C. 503-505; see Sec. 10-239. A school district
has all necessary power to establish and maintain a school within its limits. 33 C. 304. District committee must obey the
vote of the district as to rooms and teachers; the committee's authority is contingent on the district failing to act. 33 C.
304. A debt owed by a school district may be taken by foreign attachment. 53 C. 509. Status of teacher as to district defined.
Id. School districts are limited in power to raise and expend money for the sole purposes set forth in the statute. 60 C. 234,
235. Nature of school district. 73 C. 170; 85 C. 33. Right to build sewer and liability for neglect. 72 C. 564. Power to
borrow money carries with it power to issue negotiable bonds. 101 C. 261. Cited. 103 C. 420. Powers given cannot be
circumscribed by vote at a town meeting. 103 C. 422. History of school district statutes; chapter applies only to towns
which have not consolidated school districts. 122 C. 36; see also 77 C. 194.
The town as the school district of the town of Stamford may be sued. 5 CS 301. Indemnification of a school officer for
counsel fees incurred in a libel action. 9 CS 442. Board of education as agent of the state, when. 19 CS 158.
Annotations to present section:
Cited. 149 C. 600. Cited. 170 C. 318, 324. Present system of financing public education, principally embodied in section
10-240 and this section, insofar as it purports to delegate to the town of Canton the state's duty to operate and maintain
free public schools and raise taxes therefor, violates Article I, Secs. 1, 20 and Article VIII, Sec. 1 of the Connecticut
Constitution (See 31 CS 377). 172 C. 615, 621, 622. Cited. 237 C. 169, 175, 176, 180, 182. Cited. 238 C. 1.
This section insofar as it delegates to Canton the state's duty to operate and maintain free public schools and raise taxes
therefor, violates Article I, Sec. 20 and Article VIII, Sec. 1 of Connecticut Constitution. 31 CS 377, 392. Duty to educate
is that of state and delegating it will not discharge it. 31 CS 377, 383.
Sec. 10-241a. Taking of site by eminent domain. Any local or regional school
district may take, by eminent domain, land which has been fixed upon as a site, or
addition to a site, of a public school building, and which is necessary for such purpose
or for outbuildings or convenient accommodations for its schools, upon paying to the
owner just compensation, provided such taking is with the approval of the legislative
body of the town, and in the case of regional school districts, subject to the provisions
of section 10-49a, and in each case in accordance with the provisions of sections 8-129
to 8-133, inclusive. The board, committee or public officer empowered to acquire school
sites in such school district shall perform all duties and have all rights prescribed for
the redevelopment agency in said sections with respect to such taking. No school district
or municipality shall take for school purposes the land of any ecclesiastical society,
upon any part of which a church building has already been erected, without the consent
of such ecclesiastical society, or any land devoted to or used for cemetery or burial
purposes.
(1967, P.A. 720, S. 1; P.A. 78-218, S. 176; P.A. 93-353, S. 22, 52.)
History: P.A. 78-218 substituted "local" for "town" school districts, "school building" for "schoolhouse" and "municipality" for "city or town"; P.A. 93-353 corrected an internal reference, effective July 1, 1993.
Town, after complying with this section, could delegate its power to condemn to board of education which had authority
to exercise it. 168 C. 135.