Substitute House Bill No. 5692
Substitute House Bill No. 5692
PUBLIC ACT NO. 97-149
AN ACT CONCERNING POLICE NOTIFICATION OF ARRESTS
OF STUDENTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 10-233h of the general
statutes is repealed and the following is
substituted in lieu thereof:
If any person who is at least seven years of
age but less than twenty-one years of age and an
enrolled student is arrested [during the school
year] for A VIOLATION OF SECTION 53-206c, a class
A misdemeanor or a felony, the municipal police
department or Division of State Police within the
Department of Public Safety that made such arrest
shall, not later than the end of the [next school
day] WEEKDAY following such arrest, orally notify
the superintendent of schools of the school
district in which such person resides of the
identity of such person and the offense or
offenses for which he was arrested and shall,
within seventy-two hours of such arrest, provide
written notification of such arrest, containing a
brief description of the incident, to such
superintendent. The superintendent shall maintain
such written report in a secure location and the
information in such report shall be maintained as
confidential in accordance with section 46b-124.
The superintendent may disclose such information
only to the principal of the school in which such
person is a student or to the principal or
supervisory agent of any other school in which the
superintendent knows such person is a student. The
principal or supervisory agent may disclose such
information only to special services staff or a
consultant, such as a psychiatrist, psychologist
or social worker, for the purposes of assessing
the risk of danger posed by such person to
himself, other students, school employees or
school property and effectuating an appropriate
modification of such person's educational plan or
placement, and for disciplinary purposes. [Such]
IF THE ARREST OCCURRED DURING THE SCHOOL YEAR,
SUCH assessment shall be completed not later than
the end of the next school day. IF AN EXPULSION
HEARING IS HELD PURSUANT TO SECTION 10-233d, A
REPRESENTATIVE OF THE MUNICIPAL POLICE DEPARTMENT
OR THE DIVISION OF STATE POLICE, AS APPROPRIATE,
MAY TESTIFY AND PROVIDE REPORTS AND INFORMATION ON
THE ARREST AT SUCH HEARING, PROVIDED SUCH POLICE
PARTICIPATION IS REQUESTED BY ANY OF THE
FOLLOWING: THE LOCAL OR REGIONAL BOARD OF
EDUCATION, THE IMPARTIAL HEARING BOARD, THE
PRINCIPAL OF THE SCHOOL OR THE STUDENT OR HIS
PARENT OR GUARDIAN. Such information with respect
to a child under sixteen years of age shall be
confidential in accordance with section 46b-124,
and shall only be disclosed as provided in this
section and shall not be further disclosed.
Sec. 2. This act shall take effect July 1,
1997.