OLR Bill Analysis

sHB 5826

AN ACT CONCERNING SCHOOL LEARNING ENVIRONMENT.

SUMMARY:

This bill extends the implementation date of PA 07-66, which (1) generally prohibits out-of-school suspensions, and (2) extends, from five to 10 days, the maximum length of in-school suspensions. The bill provides that in-school suspensions may be served in any school building under the jurisdiction of the board, as the board determines. It also requires the education commissioner, by October 1, 2008, to issue guidelines to help boards determine whether a pupil should receive an in-school or out-of-school suspension.

The bill also specifically expands the definition of bullying, requires school boards to implement the bullying policies they were required to adopt, imposes a penalty for failing to do so, and requires teachers to be trained in bullying prevention.

EFFECTIVE DATE: July 1, 2008 except for the provisions on the suspension definition and guidelines, which are effective upon passage.

SUSPENSIONS

The bill extends, from July 1, 2008, to January 1, 2009, the implementation date of PA 07-66's limitation on out-of-school suspensions. PA 07-66 requires suspensions to be in-school suspensions unless the school administration determines, at the required informal suspension hearing, that the student must serve the suspension outside of school because he or she (1) poses such a danger to persons or property or (2) is so disruptive of the educational process. Prior law had defined in-school suspension as exclusion from classroom activity, but not from school, for up to five consecutive days. The act extended this to a maximum of 10 consecutive school days. An exclusion from school privileges for more than 10 days constitutes an expulsion under existing law.

BULLYING

Current law defines bullying as overt acts by one or more students intended to ridicule, humiliate, or intimidate that are repeated over time against another student on school grounds, at a school-sponsored activity, or on a school bus. The bill eliminates the requirement that the acts be repeated against the same student over time and instead requires only that the acts be committed more than once against any student during the school year.

This bill specifically requires local and regional education boards to implement policies to address bullying in schools (see BACKGROUND). Current law requires the boards to develop the policies for use on and after February 1, 2003. Beginning January 1, 2009, the bill requires the State Department of Education to withhold between $ 2,500 and $ 5,000 in Education Cost Sharing funds from a district it finds has failed to implement the policy, as long as the education commissioner or his designee gives the board the opportunity to explain its actions in an administrative hearing before doing so. It expands the in-service training topics that boards must provide teachers, administrators, and pupil personnel to include bullying prevention.

BACKGROUND

Suspensions

The law allows a student to be suspended for conduct that (1) violates a publicized board policy or seriously disrupts the educational process or (2) endangers persons or property on school grounds or at a school-sponsored activity. It defines suspension as exclusion from school privileges, or from transportation services only, for up to 10 consecutive school days.

Bullying Policies

The law requires board policies to:

COMMITTEE ACTION

Education Committee

Joint Favorable Substitute Change of Reference

Appropriations Committee

Joint Favorable