Sec. 10-204a. Required immunizations. Temporary waiver.
Sec. 10-206. Health assessments.
Sec. 10-215k. Submission of report re nonimplementation of Community Eligibility Provision.
Sec. 10-215l. CT Grown for CT Kids Grant Program.
Sec. 10-204a. Required immunizations. Temporary waiver. (a) Each local or regional board of education, or similar body governing a nonpublic school or schools, shall require each child to be protected by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B and any other vaccine required by the schedule for active immunization adopted pursuant to section 19a-7f before being permitted to enroll in any program operated by a public or nonpublic school under its jurisdiction. Before being permitted to enter seventh grade, a child shall receive a second immunization against measles. Any such child who (1) presents a certificate from a physician, physician assistant, advanced practice registered nurse or local health agency stating that initial immunizations have been given to such child and additional immunizations are in process (A) under guidelines and schedules specified by the Commissioner of Public Health, or (B) in the case of a child enrolled in a preschool program or other prekindergarten program who, prior to April 28, 2021, was exempt from the appropriate provisions of this section upon presentation of a statement that such immunizations would be contrary to the religious beliefs of such child or the parents or guardian of such child, as such additional immunizations are recommended, in a written declaration, in a form prescribed by the Commissioner of Public Health, for such child by a physician, a physician assistant or an advanced practice registered nurse; or (2) presents a certificate, in a form prescribed by the commissioner pursuant to section 19a-7a, from a physician, physician assistant or advanced practice registered nurse stating that in the opinion of such physician, physician assistant or advanced practice registered nurse such immunization is medically contraindicated because of the physical condition of such child; or (3) in the case of measles, mumps or rubella, presents a certificate from a physician, physician assistant or advanced practice registered nurse or from the director of health in such child's present or previous town of residence, stating that the child has had a confirmed case of such disease; or (4) in the case of haemophilus influenzae type B has passed such child's fifth birthday; or (5) in the case of pertussis, has passed such child's sixth birthday, shall be exempt from the appropriate provisions of this section. The statement described in subparagraph (B) of subdivision (1) of this subsection shall be acknowledged, in accordance with the provisions of sections 1-32, 1-34 and 1-35, by a judge of a court of record or a family support magistrate, a clerk or deputy clerk of a court having a seal, a town clerk, a notary public, a justice of the peace, an attorney admitted to the bar of this state, or notwithstanding any provision of chapter 6, a school nurse.
(b) The immunization requirements provided for in subsection (a) of this section shall not apply to any child who is enrolled in kindergarten through twelfth grade on or before April 28, 2021, if such child presented a statement, prior to April 28, 2021, from the parents or guardian of such child that such immunization is contrary to the religious beliefs of such child or the parents or guardian of such child, and such statement was acknowledged, in accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a judge of a court of record or a family support magistrate, (2) a clerk or deputy clerk of a court having a seal, (3) a town clerk, (4) a notary public, (5) a justice of the peace, (6) an attorney admitted to the bar of this state, or (7) notwithstanding any provision of chapter 6, a school nurse.
(c) Any child who is enrolled in a preschool program or other prekindergarten program prior to April 28, 2021, who presented a statement, prior to April 28, 2021, from the parents or guardian of such child that the immunization is contrary to the religious beliefs of such child or the parents or guardian of such child, which statement was acknowledged, in accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a judge of a court of record or a family support magistrate, (2) a clerk or deputy clerk of a court having a seal, (3) a town clerk, (4) a notary public, (5) a justice of the peace, (6) an attorney admitted to the bar of this state, or (7) notwithstanding any provision of chapter 6, a school nurse, but did not present a written declaration from a physician, a physician assistant or an advanced practice registered nurse stating that additional immunizations are in process as recommended by such physician, physician assistant or advanced practice registered nurse, rather than as recommended under guidelines and schedules specified by the Commissioner of Public Health, shall comply with the immunization requirements provided for in subparagraph (A) of subdivision (1) of subsection (a) of this section on or before September 1, 2022, or not later than fourteen days after transferring to a program operated by a public or nonpublic school under the jurisdiction of a local or regional board of education or similar body governing a nonpublic school or schools, whichever is later.
(d) If the parents or guardian of any child are unable to pay for any immunization required by subsection (a) of this section, the expense of such immunization shall, on the recommendation of such child's local or regional board of education, or similar body governing a nonpublic school or schools, be paid by the town.
(e) The definitions of adequate immunization shall reflect the schedule for active immunization adopted pursuant to section 19a-7f and be established by regulation adopted in accordance with the provisions of chapter 54 by the Commissioner of Public Health, who shall also be responsible for providing procedures under which such boards and such similar governing bodies shall collect and report immunization data on each child to the Department of Public Health for (1) compilation and analysis by the department, and (2) release by the department of annual immunization rates for each public and nonpublic school in the state, provided such immunization data may not contain information that identifies a specific individual.
(f) The Commissioner of Public Health may issue a temporary waiver to the schedule for active immunization for any vaccine if the National Centers for Disease Control and Prevention recognizes a nation-wide shortage of supply for such vaccine.
(1959, P.A. 588, S. 1; 1969, P.A. 42, S. 1; P.A. 73-510, S. 1, 2; P.A. 77-52, S. 1; P.A. 78-165, S. 1, 5; 78-218, S. 131; P.A. 81-139; P.A. 84-46; P.A. 91-327, S. 3, 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-244, S. 16, 63; P.A. 98-252, S. 39, 80; P.A. 11-242, S. 13; P.A. 15-174, S. 1; 15-242, S. 68; P.A. 21-6, S. 1.)
History: 1969 act allowed board of education to require measles immunization unless child entering school is certified to have had measles; P.A. 73-510 made measles immunization requirement mandatory by substituting “shall” for “may” but retained optional aspect re board's requiring polio vaccination and added Subsec. (b) re effective date; P.A. 77-52 included rubella in mandatory immunization provision and deleted Subsec. (b); P.A. 78-165 replaced former provisions with new requirements for various vaccinations and conditions under which exceptions allowed, applicable to local and regional boards of education and governing bodies of nonpublic schools; P.A. 78-218 was not enacted because P.A. 78-165 took precedence; P.A. 81-139 amended Subsec. (a) to require immunization against mumps; P.A. 84-46 amended Subsec. (a) to delete the exemption from rubella immunizations for any child who has passed his twelfth birthday or who presents a doctor's certificate stating that immunization is medically contraindicated; P.A. 91-327 added hemophilus influenzae type B and any other vaccine required by the department of health services to the mandatory immunization provisions and required a second immunization against measles before seventh grade, effective September 1, 1992; P.A. 93-381 replaced department and commissioner of health services with department and commissioner 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. 96-244 made technical changes in Subsec. (a), effective July 1, 1996; P.A. 98-252 amended Subsec. (a) to add provision for the town to pay for the cost of immunizations if parents are unable to pay, effective July 1, 1998; P.A. 11-242 amended Subsec. (a) by adding physician assistant and advanced practice registered nurse as persons who may issue certificates re immunizations and added Subsec. (c) re authority of Commissioner of Public Health to issue a temporary waiver to the schedule for active immunization; P.A. 15-174 amended Subsec. (a) to add provision re acknowledgment of required statement and add Subparas. (A) to (F) re individuals to so acknowledge in Subdiv. (3) and to add provision re annual presentment of statement that immunization requirements are contrary to religious beliefs in order to remain enrolled in a program operated by public or nonpublic school, effective July 1, 2015; P.A. 15-242 amended Subsec. (a) by adding Subpara. (G) re school nurse, replacing “In order to remain enrolled in a program operated by a public or nonpublic school” with “Before being permitted to enter seventh grade” and deleting requirement that statement be presented annually, effective July 1, 2015; P.A. 21-6 amended Subsec. (a) by adding Subpara. (A) designator in Subdiv. (1), adding Subdiv. (1)(B) re children enrolled in preschool or other prekindergarten program who were exempt on religious grounds prior to April 28, 2021, adding reference to form prescribed by commissioner in Subdiv. (2), deleting existing Subdiv. (3) re religious exemption, redesignating existing Subdivs. (4) to (6) as Subdivs. (3) to (5), deleting provisions re payment of expense of immunization for those unable to pay and presentation of statement to school prior to entering grade 7 re immunization requirements being contrary to religious beliefs, adding provisions re acknowledgment of statement, and making technical changes, added new Subsec. (b) re religious exemption for certain children enrolled in kindergarten through grade 12, added new Subsec. (c) re religious exemption for children enrolled in a preschool or other prekindergarten program, added Subsec. (d) re payment of expense of immunization for those unable to pay, redesignated existing Subsec. (b) as Subsec. (e) and amended same by adding Subdiv. (1) designator and Subdiv. (2) re release by department of annual immunization rates for schools, and making technical changes, and redesignated existing Subsec. (c) as Subsec. (f), effective April 28, 2021.
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Sec. 10-204d. Continuation of exemption from immunization requirements on religious grounds upon transfer to another school. Any person who is exempt from the immunization requirements set forth in section 10-204a on religious grounds shall continue to be exempt from such requirements on religious grounds if such student transfers from one public or private school in the state to another public or private school in the state under the jurisdiction of either the same or a different local or regional board of education, or similar body governing a nonpublic school or schools.
(P.A. 21-6, S. 12.)
History: P.A. 21-6 effective April 28, 2021.
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Sec. 10-206. Health assessments. (a) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments pursuant to the provisions of this section. Such assessments shall be conducted by (1) a legally qualified practitioner of medicine, (2) an advanced practice registered nurse or registered nurse, licensed pursuant to chapter 378, (3) a physician assistant, licensed pursuant to chapter 370, (4) a school medical advisor, or (5) a legally qualified practitioner of medicine, an advanced practice registered nurse or a physician assistant stationed at any military base, to ascertain whether such pupil is suffering from any physical disability tending to prevent such pupil from receiving the full benefit of school work and to ascertain whether such school work should be modified in order to prevent injury to the pupil or to secure for the pupil a suitable program of education. No health assessment shall be made of any child enrolled in the public schools unless such examination is made in the presence of the parent or guardian or in the presence of another school employee. The parent or guardian of such child shall receive prior written notice and shall have a reasonable opportunity to be present at such assessment or to provide for such assessment himself or herself. A local or regional board of education may deny continued attendance in public school to any child who fails to obtain the health assessments required under this section.
(b) Each local or regional board of education shall require each child to have a health assessment prior to public school enrollment. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order by a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, speech and gross dental screenings; and (4) such other information, including health and developmental history, as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley's anemia and tests for lead levels in the blood where the local or regional board of education determines after consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, that such tests are necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.
(c) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments in either grade six or grade seven and in either grade nine or grade ten. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, postural and gross dental screenings; and (4) such other information including a health history as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis and sickle cell anemia or Cooley's anemia where the local or regional board of education, in consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, determines that said screening or test is necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.
(d) The results of each assessment done pursuant to this section and the results of screenings done pursuant to section 10-214 shall be recorded on forms supplied by the State Board of Education. Such information shall be included in the cumulative health record of each pupil and shall be kept on file in the school such pupil attends. If a pupil permanently leaves the jurisdiction of the board of education, the pupil's original cumulative health record shall be sent to the chief administrative officer of the school district to which such student moves. The board of education transmitting such health record shall retain a true copy. Each physician, advanced practice registered nurse, registered nurse, or physician assistant performing health assessments and screenings pursuant to this section and section 10-214 shall completely fill out and sign each form and any recommendations concerning the pupil shall be in writing.
(e) Appropriate school health personnel shall review the results of each assessment and screening as recorded pursuant to subsection (d) of this section. When, in the judgment of such health personnel, a pupil, as defined in section 10-206a, is in need of further testing or treatment, the superintendent of schools shall give written notice to the parent or guardian of such pupil and shall make reasonable efforts to assure that such further testing or treatment is provided. Such reasonable efforts shall include a determination of whether or not the parent or guardian has obtained the necessary testing or treatment for the pupil, and, if not, advising the parent or guardian on how such testing or treatment may be obtained. The results of such further testing or treatment shall be recorded pursuant to subsection (d) of this section, and shall be reviewed by school health personnel pursuant to this subsection.
(f) On and after October 1, 2017, each local or regional board of education shall report to the local health department and the Department of Public Health, on an triennial basis, the total number of pupils per school and per school district having a diagnosis of asthma (1) at the time of public school enrollment, (2) in grade six or seven, and (3) in grade nine or ten. The report shall contain the asthma information collected as required under subsections (b) and (c) of this section and shall include pupil age, gender, race, ethnicity and school. Beginning on October 1, 2021, and every three years thereafter, the Department of Public Health shall review the asthma screening information reported pursuant to this section and shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and education concerning asthma trends and distributions among pupils enrolled in the public schools. The report shall be submitted in accordance with the provisions of section 11-4a and shall include, but not be limited to, (A) trends and findings based on pupil age, gender, race, ethnicity, school and the education reference group, as determined by the Department of Education for the town or regional school district in which such school is located, and (B) activities of the asthma screening monitoring system maintained under section 19a-62a.
(1949 Rev., S. 1467; P.A. 78-218, S. 132; P.A. 80-440, S. 4, 10; P.A. 85-80, S. 1, 2; P.A. 91-327, S. 6, 8; P.A. 94-103, S. 1; P.A. 98-252, S. 12, 80; June Sp. Sess. P.A. 01-4, S. 41, 58; June Sp. Sess. P.A. 01-9, S. 105, 131; P.A. 04-221, S. 36; P.A. 05-272, S. 2; P.A. 07-58, S. 1; P.A. 11-179, S. 1; P.A. 17-146, S. 5; P.A. 18-168, S. 8, 9; P.A. 21-121, S. 67.)
History: P.A. 78-218 replaced former provisions concerning examinations of female children with similar provisions applicable to examination of any child and made technical changes; P.A. 80-440 substituted “health assessment” for “health examination”, deleted requirement for assessments at three-year intervals, required parent's or guardian's presence at examination, required that prior written notice be given to parent or guardian, deleted provisions concerning health records and added Subsecs. (b) to (e) re required assessments, recording of results and review; P.A. 85-80 amended Subsec. (a) to allow a local or regional board to deny continued attendance in public school to any child who fails to obtain the required health assessments; P.A. 91-327 amended Subsec. (b) to replace tests for lead paint poisoning with tests for lead levels in the blood; P.A. 94-103 amended Subsecs. (a), (b), (c) and (d) to add provision regarding the duties of registered nurses, advanced practice registered nurses and physician assistants; P.A. 98-252 amended Subsecs. (b) and (c) to make technical changes, effective July 1, 1998; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding provision re licensed naturopath and person licensed to practice chiropractic and making a technical change, amended Subsecs. (b) and (c) by adding provisions re chronic disease assessment including asthma and re items included in assessment form and added Subsec. (f) re reporting requirements, effective July 1, 2002; June Sp. Sess. P.A. 01-9 eliminated provision re licensed naturopaths and persons licensed to practice chiropractic, effective July 1, 2001; P.A. 04-221 amended Subsec. (d) by requiring that form be completely filled out by physician, nurse or physician assistant, effective July 1, 2004; P.A. 05-272 amended Subsec. (f) by eliminating reference to health assessment forms, requiring boards of education to report re the prevalence of asthma among students during three specific time periods and making technical changes; P.A. 07-58 amended Subsec. (c) to require the second set of adolescent health assessments in grades nine or ten instead of in grades ten or eleven, effective July 1, 2008; P.A. 11-179 amended Subsec. (a) by designating existing provisions re persons who shall conduct health assessments as Subdivs. (1) to (4) and adding Subdiv. (5) re legally qualified practitioner of medicine, advanced practice registered nurse or physician assistant stationed at any military base, effective July 13, 2011; P.A. 17-146 amended Subsec. (f) to replace “February 1, 2004” with “October 1, 2017” and replace “annual” with “triennial” re report; P.A. 18-168 amended Subsec. (b) by deleting reference to defining of asthma by commissioner pursuant to Sec. 19a-62a and amended Subsec. (f) to replace “2004” with “2021”, designate existing provisions re trends and findings as Subpara. (A), and add Subpara. (B) re activities of asthma screening monitoring system; P.A. 21-121 amended Subsec. (f)(3) by adding reference to grade 9 and deleting “or eleven”, effective July 1, 2021.
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Sec. 10-212i. Emergency action plans for serious and life-threatening sports-related injuries during interscholastic and intramural athletic events. (a) For the school year commencing July 1, 2022, and each school year thereafter, each local and regional board of education and supervisory agent of a nonpublic school, in consultation with local emergency medical services providers and allied health professionals, shall develop and implement an emergency action plan for responding to serious and life-threatening sports-related injuries that occur during interscholastic and intramural athletic events.
(b) Such emergency action plan shall establish the procedures to be followed in the event that a student sustains a serious injury or illness while participating in an interscholastic or intramural athletic event, and shall include, but need not be limited to, the following components:
(1) A list of the school employees, coaches or licensed athletic trainers in each school who will be responsible for implementing the emergency action plan and a description of each person's responsibilities under the plan;
(2) An identification of the location or venue where the interscholastic or intramural athletic event is taking place;
(3) A description of the equipment and supplies that may be available at the site of the interscholastic or intramural athletic event that will assist in responding to an emergency, including the location of where such equipment and supplies may be found at such site;
(4) A description of the procedures to be followed when a student sustains a serious sports-related injury, including, but not limited to, responding to the injured student, summoning emergency medical care, assisting local first responders in getting to the injured student and documenting the actions taken during the emergency;
(5) A description of the protocols to be followed during cardiac or respiratory emergencies, including the operation of an automatic external defibrillator, use of cardiopulmonary resuscitation or the administration of medication, in accordance with the provisions of section 10-212a;
(6) A description of the protocols to be followed when a student is observed to exhibit signs, symptoms or behaviors consistent with a concussion or is diagnosed with a concussion, in accordance with the provisions of section 10-149c;
(7) A description of the protocols to be followed when a student suffers from a traumatic brain injury or spinal cord injury, provided such protocols are designed to include instructions that are based on the level of training of the person implementing the emergency action plan and are in accordance with best practices and state law; and
(8) A description of the protocols to be followed in the event of heat and cold-related emergencies, provided such protocols are in accordance with current professional standards.
(c) Each local and regional board of education and supervisory agent of a nonpublic school shall annually review such board or agent's emergency action plan and update such plan, as necessary. Annually, those persons described in subdivision (1) of subsection (b) of this section who are responsible for implementing such emergency action plan, shall rehearse such plan.
(d) Any school employee, coach or licensed athletic trainer identified in the emergency action plan pursuant to subdivision (1) of subsection (b) of this section shall be certified in cardiopulmonary resuscitation and have completed a course in first aid offered by the American Red Cross, the American Heart Association, the Department of Public Health, any director of health or an organization using guidelines for first aid published by the American Heart Association and the American Red Cross.
(e) Each local and regional board of education and supervisory agent of a nonpublic school shall (1) distribute the emergency action plan to all school employees, coaches and licensed athletic trainers identified in the emergency action plan pursuant to subdivision (1) of subsection (b) of this section, (2) post such emergency action plan in all athletic facilities and at all sites where interscholastic and intramural athletic events will take place, and (3) make such emergency action plan available on the Internet web site for the school district or school.
(f) In developing and implementing the emergency action plan, a local or regional board of education or supervisory agent of a nonpublic school may utilize existing and appropriate public or private materials, models, personnel and other resources, and may accept gifts, grants and donations, including in-kind donations, designated for the development and implementation of the emergency action plan.
(P.A. 21-92, S. 1.)
History: P.A. 21-92 effective July 1, 2021.
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Sec. 10-212j. Posting and distribution of document re behavioral and mental health evaluation and treatment resources. (a) Not later than January 1, 2022, each local and regional board of education shall make available on such board's Internet web site the document developed by the Department of Children and Families pursuant to subsection (a) of section 17a-22r, concerning behavioral and mental health evaluation and treatment resources available to children in the mental health region in which such board is located.
(b) On and after January 1, 2022, each local and regional board of education shall distribute the document described in subsection (a) of this section (1) to any student taking a course in health and safety, and (2) at least semiannually, in September and May, to the parents and guardians of each student in the school district.
(P.A. 21-116, S. 2.)
History: P.A. 21-116 effective July 1, 2021.
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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 and grades one and three to five, inclusive, a vision screening. Such vision screening may be performed using a Snellen chart or an equivalent screening device, or an automated vision screening device. The superintendent of schools shall give written notice to the parent or guardian of each pupil (1) who is found to have any defect of vision or disease of the eyes, with a brief statement describing such defect or disease and a recommendation for the pupil to be examined by an optometrist licensed under chapter 380 or an ophthalmologist licensed under chapter 370, and (2) who did not receive such vision screening, with a brief statement explaining why such pupil did not receive such vision screening.
(b) Each local or regional board of education shall provide annually audiometric screening for hearing to each pupil in kindergarten and grades one and three to five, inclusive. The superintendent of schools shall give written notice to the parent or guardian of each pupil (1) found to have any impairment or defect of hearing, with a brief statement describing such impairment or defect, and (2) who did not receive an audiometric screening for hearing, with a brief statement explaining why such pupil did not receive an audiometric screening for hearing.
(c) Each local or regional board of education shall provide postural screenings for (1) each female pupil in grades five and seven, and (2) each male pupil in grade eight or nine. The superintendent of schools shall give written notice to the parent or guardian of each pupil (A) who evidences any postural problem, with a brief statement describing such evidence, and (B) who did not receive a postural screening, with a brief statement explaining why such pupil did not receive such postural screening.
(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; P.A. 15-215, S. 4; P.A. 17-173, S. 5; P.A. 21-95, S. 2.)
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; P.A. 15-215 amended Subsec. (a) by making provisions applicable to pupils in kindergarten and grades 1 and 3 to 5, designating existing language re brief statement of defect or disease as Subdiv. (1) and adding Subdiv. (2) re brief statement why pupil did not receive vision screening, amended Subsec. (b) by making provisions applicable to pupils in kindergarten and grades 1 and 3 to 5, designating existing language re brief statement of impairment or defect as Subdiv. (1) and adding Subdiv. (2) re brief statement why pupil did not receive audiometric screening, and amended Subsec. (c) by deleting requirement for annual postural screenings, designating existing language re screenings for pupils as Subdiv. (1) and amending same to provide for postural screenings for female pupils in grades 5 and 7, adding Subdiv. (2) re postural screenings for male pupils in grades 8 or 9, designating existing language re brief statement describing evidence of postural problem as Subpara. (A) and adding Subpara. (B) re brief statement why pupil did not receive postural screening, effective July 1, 2015; P.A. 17-173 amended Subsec. (a) by adding “device, such as an automated vision screening device”, and adding provision re recommendation for pupil to be examined by optometrist or ophthalmologist in Subdiv. (1), effective July 1, 2017; P.A. 21-95 amended Subsec. (a) by replacing “vision screening,” with “vision screening. Such vision screening may be performed” and making technical changes, effective July 1, 2021.
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Sec. 10-215. Lunches, breakfasts and other feeding programs for public school children and employees. Collection of unpaid charges. Acceptance of gifts, donations or grants. (a) 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.
(b) For the school year commencing July 1, 2021, and each school year thereafter, a local or regional board of education shall include in any policy or procedure for the collection of unpaid charges for school lunches, breakfasts or other such feeding applicable to employees and third-party vendors of such school lunches, breakfasts or such feeding (1) a prohibition on publicly identifying or shaming a child for any such unpaid charges, including, but not limited to, delaying or refusing to serve a meal to such child, designating a specific meal option for such child or otherwise taking any disciplinary action against such child, (2) a declaration of the right for any child to purchase a meal, which meal may exclude any a la carte items or be limited to one meal for any school lunch, breakfast or other such feeding, and (3) a procedure for communicating with the parent or legal guardian of a child for the purpose of collecting such unpaid charges. Such communication shall include, but not be limited to, (A) information regarding local food pantries, (B) applications for the school district's program for free or reduced priced meals and for the supplemental nutrition assistance program administered by the Department of Social Services, and (C) a link to the Internet web site maintained by the town for such school district listing any community services available to the residents of such town. In the event the unpaid charges for school lunches, breakfasts or other such feeding due from any parent or legal guardian are equal to or more than the cost of thirty meals, the local or regional board of education shall refer such parent or legal guardian to the local homeless education liaison designated by such board, pursuant to Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time.
(c) A local or regional board of education may accept gifts, donations or grants from any public or private sources for the purpose of paying off any unpaid charges for school lunches, breakfasts or other such feeding.
(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; P.A. 21-46, S. 20.)
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; P.A. 21-46 designated existing provisions as Subsec. (a), added Subsec. (b) re requirements for policies or procedures for collection of unpaid charges for school lunches, breakfasts or other such feeding and referral of parents or guardians to local homeless education liaison, and added Subsec. (c) re acceptance of gifts, donations or grants, effective July 1, 2021.
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Sec. 10-215k. Submission of report re nonimplementation of Community Eligibility Provision. Not later than December 1, 2021, and annually thereafter, any local or regional board of education that participates in the National School Lunch Program, in which at least one school under the jurisdiction of such board qualifies for the maximum federal reimbursement for all school meals served under the federal Community Eligibility Provision, but does not implement the Community Eligibility Provision, shall submit a report to the Department of Education that notifies the department that such board is not implementing the Community Eligibility Provision and the reasons for why such board is not implementing the Community Eligibility Provision. Such report shall include, but not be limited to, a description of the specific impediments to implementing the Community Eligibility Provision, any actions that are needed to remove those impediments and a plan for implementation of the Community Eligibility Provision during the following school year, if possible. As used in this section, “Community Eligibility Provision” means the federal meal reimbursement program administered by the United States Department of Agriculture, as set forth in 7 CFR 245.9, as amended from time to time.
(P.A. 21-199, S. 1.)
History: P.A. 21-199 effective July 1, 2021.
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Sec. 10-215l. CT Grown for CT Kids Grant Program. (a) The Department of Agriculture, in consultation with the advisory committee described in subsection (c) of this section, shall administer the CT Grown for CT Kids Grant Program. Such program shall assist local and regional boards of education to develop farm-to-school programs that will increase the availability of local foods in child nutrition programs, allow educators to use hands-on educational techniques to teach students about nutrition and farm-to-school connections, sustain relationships with local farmers and producers, enrich the educational experience of students, improve the health of children in the state and enhance the state's economy.
(b) A local or regional board of education, regional educational service center, cooperative arrangement pursuant to section 10-158a, child care centers, group child care homes and family child care homes, as such terms are described in section 19a-77, or any organization or entity administering or assisting in the development of a farm-to-school program, may apply, in a form and manner prescribed by the department, for a grant under this section. Such grant shall be used to develop or implement a farm-to-school program, which may include (1) the purchase of equipment, resources or materials, including, but not limited to, local food products, gardening supplies, field trips to farms, gleaning on farms and stipends to visiting farmers, (2) the provision of professional development and skills training for educators, school nutrition professionals, parents, caregivers, child care providers and employees and volunteers of organizations administering or assisting in the development and implementation of farm-to-school programs, and (3) piloting new purchasing systems and programs.
(c) The department shall convene an advisory committee to assist in the administration of the CT Grown for CT Kids Grant Program. The advisory committee shall consist of the Commissioner of Education, or the commissioner's designee, and individuals representing stakeholder groups that reflect the demographic and geographic diversity of the state, selected by the Commissioner of Agriculture. The advisory committee shall (1) assist the department in reviewing applications and awarding grants under this section, and (2) provide technical assistance to grant recipients in the development and implementation of farm-to-school programs.
(d) In awarding grants under this section, the department shall (1) give priority to applicants (A) located in alliance districts, as defined in section 10-262u, or who are providers of school readiness programs, as defined in section 10-16p, and (B) who demonstrate broad commitment from school administrators, school nutrition professionals, educators and community stakeholders, and (2) not award a grant that is in an amount greater than ten per cent of the total amount available for the fiscal year.
(e) The department may accept gifts, grants and donations, including in-kind donations, for the administration of the CT Grown for CT Kids Grant Program and to implement the provisions of this section.
(f) Not later than January 1, 2023, and annually thereafter, the department shall submit a report on the CT Grown for CT Kids Grant Program to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but need not be limited to, an accounting of the funds appropriated and received by the department for the program, descriptions of each grant awarded under the program and how such grant was expended by the recipient, and an evaluation of the program and the success of local farm-to-school programs that have received grant awards under this section.
(June Sp. Sess. P.A. 21-2, S. 364.)
History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.
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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.
(h) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(i) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2008, to June 30, 2023, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(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; P.A. 05-245, S. 14; June Sp. Sess. P.A. 07-3, S. 1; Sept. Sp. Sess. P.A. 09-6, S. 40; P.A. 11-48, S. 174; P.A. 13-247, S. 156; June Sp. Sess. P.A. 15-5, S. 245; June Sp. Sess. P.A. 17-2, S. 575; P.A. 19-117, S. 269; June Sp. Sess. P.A. 21-2, S. 370.)
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 Subsec. (b)(1) limited the 45% to 90% reimbursement scale to reimbursement paid in the fiscal year ending June 30, 1990, provided that for fiscal years thereafter the scale be 10% to 90% with a minimum of 80% 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; P.A. 05-245 added new Subsec. (h) re proportional reduction of grants for the fiscal years ending June 30, 2006, and June 30, 2007, effective July 1, 2005; June Sp. Sess. P.A. 07-3 added Subsec. (i) re proportional reduction of grants for the fiscal years ending June 30, 2008, and June 30, 2009, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 13-247 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 19-117 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021.
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