*Scope of chapter. 103 C. 422.
Sec. 10-240. Control of schools.
Sec. 10-241. Powers of school districts.
Sec. 10-241a. Taking of site by eminent domain.
Sec. 10-241b. Cooperative agreements re administrative and central office functions.
Sec. 10-243. Treasurer and clerk.
Sec. 10-244. Payment of expenses.
Sec. 10-244b. Notification re hiring of certain central office administrative personnel.
Sec. 10-245. Formation of school districts.
Sec. 10-246. Sale of property of former districts.
Sec. 10-247. Management of permanent funds.
Sec. 10-248. Payment of school expenses.
Sec. 10-248a. Unexpended education funds account.
Sec. 10-248b. Agreements re provision of noneducational services.
Sec. 10-240. Control of schools. Each town shall through its board of education maintain the control of all the public schools within its limits and for this purpose shall be a school district and shall have all the powers and duties of school districts, except so far as such powers and duties are inconsistent with the provisions of this chapter.
(1949 Rev., S. 1497; P.A. 78-218, S. 175.)
History: P.A. 78-218 added phrase “through its board of education” to clarify how control of public schools maintained.
Purpose and effect of consolidation. 82 C. 586; 86 C. 594. Former act had effect of compelling consolidation in certain towns. 122 C. 42. Cited. 149 C. 600; 152 C. 568. Each town is designated as a school district, and has the same powers as a school district to take land for school purposes. 168 C. 135. Present system of financing public education embodied in section; towns have been delegated duty to raise revenue by taxation. 172 C. 615. Cited. 182 C. 253; 210 C. 531; 218 C. 1; 237 C. 169; 238 C. 1.
Cited. 6 CA 212.
Authority to unite schools. 16 CS 336. Section, insofar as it delegates to Canton the state's duty of operating and maintaining free public schools and raising taxes therefor, violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of Connecticut Constitution; state's duty to provide education performed through towns, societies and districts; violative of Connecticut Constitution insofar as it purports to delegate duty of raising taxes to operate public education. 31 CS 377. Local board of education is acting as agent of the town, not as agent of the state, in suit to recover damages for faulty construction of school building and doctrine of sovereign immunity is not applicable. 40 CS 141.
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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 also 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. Districts may sue by the name by which they are generally known. 13 C. 227. What is sufficient warning of meeting of school district. Id., 234. The records of a school district are evidence of its votes in a suit to which it is a party. Id., 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. A school district has all necessary power to establish and maintain a school within its limits; 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; status of teacher as to district defined. 53 C. 509. School districts are limited in power to raise and expend money for the sole purposes set forth in statute. 60 C. 234. Right to build sewer and liability for neglect. 72 C. 564. Nature of school district. 73 C. 170; 85 C. 33. 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. Id., 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; 170 C. 318. Present system of financing public education, principally embodied in Sec. 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 Art. I, Secs. 1, 20 and Art. VIII, Sec. 1 of Connecticut Constitution. 172 C. 615. Cited. 237 C. 169; 238 C. 1. Legislature did not expressly extend sovereign immunity to boards of education for special education services, and also did not render the general delegation of control to municipalities inapplicable in the case of special education, therefore, defendants not entitled to sovereign immunity defense when claim is that defendants were negligent in verifying the credentials of someone who was hired to provide special education services because this act is not control over state functions, but rather a human resources or contract administration action. 334 C. 564.
Section, insofar as it delegates to Canton the state's duty to operate and maintain free public schools and raise taxes therefor, violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of Connecticut Constitution; duty to educate is that of state and delegating it will not discharge it. 31 CS 377.
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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 section, could delegate its power to condemn to board of education which had authority to exercise it. 168 C. 135. Where voters approved land acquisition “for school purposes” and referendum question included “general purposes” and “open space”, and where evidence established site was to be used for school purposes, the taking was authorized by section and time limitation in Sec. 48-6 did not apply; “site...of a public building” is not limited to the footprint of the school building and related construction. 290 C. 668.
Where referendum question stated that some property proposed to be acquired by eminent domain for a school project would be used for open space and general government, provisions of Sec. 48-6 requiring commencement of compensation process within six months of referendum apply. 103 CA 369.
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Sec. 10-241b. Cooperative agreements re administrative and central office functions. Upon the approval of the legislative body of a municipality and the local board of education for such municipality, such legislative body and local board of education may enter into a cooperative agreement relating to the performance of administrative and central office functions for the municipality and the school district.
(June Sp. Sess. P.A. 17-2, S. 153.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
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Sec. 10-241c. Local board of education to consult with municipality re joint purchasing of property insurance, casualty insurance and workers' compensation insurance. Notwithstanding any special act, municipal charter or home rule ordinance, the legislative body of a municipality, or in the case of a municipality for which the legislative body is a town meeting or a representative town meeting, the board of selectmen, and the local board of education for such municipality shall consult when possible regarding the joint purchasing of property insurance, casualty insurance and workers' compensation insurance. For the purpose of this section, “municipality” means any town, city, borough, consolidated town and city or consolidated town and borough.
(June Sp. Sess. P.A. 17-2, S. 160; P.A. 19-32, S. 4.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017; P.A. 19-32 added provision re consultation with board of selectmen.
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Sec. 10-241d. Local board of education consultation with municipality re goods and services. Cooperative agreements. Any local board of education for a municipality, after going out to bid for a good or service and receiving submissions, shall consult with the legislative body of such municipality, or in the case of a municipality for which the legislative body is a town meeting or a representative town meeting, the board of selectmen, if such municipality provides or uses such good or service, and, if the equivalent level of such good or service is provided by such municipality or through a municipal contract for a lower cost than the lowest qualified bid submission received by such local board of education, such board of education shall consider a cooperative agreement with such municipality for the provision of such good or service. For purposes of this section, “good or service” includes, but is not limited to, portable classrooms, motor vehicles or materials and equipment, such as telephone systems, computers and copy machines.
(June Sp. Sess. P.A. 17-2, S. 161; P.A. 19-32, S. 5.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017; P.A. 19-32 added provision re consultation with board of selectmen.
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Sec. 10-241e. Local board of education consultation with municipality prior to purchase of payroll processing or accounts payable software system. Each local board of education for a municipality shall consult with the legislative body of such municipality, or in the case of a municipality for which the legislative body is a town meeting or a representative town meeting, the board of selectmen, prior to purchasing payroll processing or accounts payable software systems to determine whether such systems may be purchased or shared on a regional basis.
(June Sp. Sess. P.A. 17-2, S. 162; P.A. 19-32, S. 6.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017; P.A. 19-32 added provision re consultation with board of selectmen.
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Sec. 10-242. Meetings. The annual town meeting shall be the annual school district meeting and special meetings shall be called and held in the same manner as provided by law for special town meetings.
(1949 Rev., S. 1499, 1539.)
Cited. 9 CS 442. Town meeting not superior to board of education in business relating to public schools. 16 CS 339.
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Sec. 10-243. Treasurer and clerk. The town clerk and treasurer of each town shall have all the powers and duties, respectively, of the clerk and treasurer of a school district, except so far as such duties are rendered unnecessary by the provisions of this chapter.
(1949 Rev., S. 1505.)
Cited. 95 C. 202.
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Sec. 10-244. Payment of expenses. Section 10-244 is repealed.
(1949 Rev., S. 1506; 1959, P.A. 615, S. 5.)
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Sec. 10-244a. Employment of persons to provide security services in a public school while in possession of a firearm. (a) For the school year commencing July 1, 2013, and each school year thereafter, no municipality or local or regional board of education may employ or enter into an agreement, as described in subdivision (2) of subsection (b) of section 53a-217b, with any person, other than a sworn member of an organized local police department or a retired police officer as provided in subsection (b) of this section, to provide security services in a public school if such person will possess a firearm, as defined in section 53a-3, while in the performance of his or her duties.
(b) A municipality or a local or regional board of education may employ or enter into an agreement with a retired police officer to provide security services in a public school if such retired police officer is a qualified retired law enforcement officer, as defined in 18 USC 926C, as amended from time to time. Such retired police officer shall receive annual training pursuant to section 7-294x and shall successfully complete annual firearms training provided by a certified firearms instructor that meets or exceeds the standards of the Police Officer Standards and Training Council or 18 USC 926C, as amended from time to time. Such retired police officer shall not be subject to the licensing requirements of part II of chapter 534.
(c) For the purposes of subsection (b) of this section, “retired police officer” means (1) a sworn member of an organized local police department who was certified by the Police Officer Standards and Training Council and retired or separated in good standing from such department or a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection who retired or separated in good standing from said division, (2) a sworn federal law enforcement agent who retired or separated in good standing from such federal law enforcement service and who meets or exceeds the standards of the Police Officer Standards and Training Council for certification in this state, or (3) a sworn officer of an organized police department in another state who was certified under standards that meet or exceed the standards of the Police Officer Standards and Training Council for certification in this state and who retired or separated in good standing from such department.
(P.A. 13-188, S. 1; P.A. 14-212, S. 19; 14-217, S. 254.)
History: P.A. 13-188 effective June 25, 2013; P.A. 14-212 amended Subsec. (c) to redefine “retired police officer” by designating existing language as Subdiv. (1), adding Subdiv. (2) re sworn federal law enforcement agent and adding Subdiv. (3) re sworn officer of an organized police department in another state, effective July 1, 2014; P.A. 14-217 made identical changes as P.A. 14-212, effective July 1, 2014.
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Sec. 10-244b. Notification re hiring of certain central office administrative personnel. Prior to the start date for any person hired to fill a central office administrative personnel position (1) that provides an annual salary of one hundred thousand dollars or greater, and (2) for which the proposed or approved education budget does not provide funding for such central office administrative personnel position, the local board of education for a municipality shall notify the legislative body of such municipality regarding such hiring. The provisions of this section shall not apply to any such central office administrative personnel position that is paid for with funds received from a grant awarded to the local board of education or from any gift or donation made to the local board of education.
(June Sp. Sess. P.A. 17-2, S. 155.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
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Sec. 10-244c. Filing of signed copy of contract for administrative personnel with town clerk. Posting of contract on Internet web site of town. Any local board of education shall file forthwith a signed copy of any contract for administrative personnel with the town clerk, which town clerk shall post a copy of any such contract on the town's Internet web site. Any regional board of education shall file a copy of any such contract with the town clerk in each member town, which town clerk shall post a copy of any such contract on the town's Internet web site.
(June Sp. Sess. P.A. 17-2, S. 157.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
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Sec. 10-245. Formation of school districts. No new school district shall be formed except as provided by part III of chapter 164.
(1949 Rev., S. 1514; 1969, P.A. 698, S. 26.)
History: 1969 act replaced absolute prohibition of formation of new school districts with qualified prohibition–”except as provided by part III of chapter 164”.
Town's authority to reestablish school districts revoked. 4 CS 36.
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Sec. 10-246. Sale of property of former districts. Section 10-246 is repealed.
(1949 Rev., S. 1542; P.A. 78-218, S. 211.)
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Sec. 10-247. Management of permanent funds. If any school district, formerly existing in a town in which the school districts have been or shall be abolished or consolidated, has received a permanent fund for the support of a school or schools in such district, the treasurer of the town shall have charge of it and keep a separate account thereof; and the income of such fund shall be held subject to the order of the board of education, which shall apply it for the benefit of the school or schools within or nearest to the limits of the district formerly existing, in such manner as to carry out, as nearly as possible, the intent of the grantor of such fund.
(1949 Rev., S. 1543; P.A. 78-218, S. 177.)
History: P.A. 78-218 deleted “town” in phrase “subject to the order of the town board of education”.
See Sec. 10-258 re administration of trust funds.
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Sec. 10-248. Payment of school expenses. The expenses of maintaining public schools in each town, which shall be incurred with the approval of the board of education, shall be paid by the town treasurer on orders drawn by said board, except so far as they may be met by the income from local school funds. Such orders may be signed by such persons on behalf of the board as the board by bylaw or special vote, certified by the secretary to the town treasurer, provides; and, in the absence of such bylaw or special direction, by the secretary.
(1949 Rev., S. 1544; P.A. 78-218, S. 178.)
History: P.A. 78-218 deleted “town” in phrase “with the approval of the town board of education”.
Cited 152 C. 568.
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Sec. 10-248a. Unexpended education funds account. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, notwithstanding any provision of the general statutes or any special act, municipal charter, home rule ordinance or other ordinance, the board of finance in each town having a board of finance, the board of selectmen in each town having no board of finance or the authority making appropriations for the school district for each town may deposit into a nonlapsing account any unexpended funds from the prior fiscal year from the budgeted appropriation for education for the town, provided (1) such deposited amount does not exceed two per cent of the total budgeted appropriation for education for such prior fiscal year, (2) each expenditure from such account shall be made only for educational purposes, and (3) each such expenditure shall be authorized by the local board of education for such town.
(P.A. 10-108, S. 32; P.A. 19-117, S. 285; P.A. 21-40, S. 9.)
History: P.A. 10-108 effective July 1, 2010; P.A. 19-117 replaced “2011” with “2020”, designated existing provision re amount of total budgeted appropriation for education as Subdiv. (1) and amended same to add “deposited” and replace “one per cent” with “two per cent”, and added Subdiv. (2) re expenditures from account to be made only for educational purposes and added Subdiv. (3) re expenditure to be authorized by local board of education, effective July 1, 2019; P.A. 21-40 made a technical change.
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Sec. 10-248b. Agreements re provision of noneducational services. A local board of education may enter into a written agreement with (1) the board of finance in each town or city having a board of finance, (2) the board of selectmen in each town having no board of finance, or (3) otherwise to the authority making appropriations for the school district, to authorize such board of finance, board of selectmen or such other authority making appropriations to take responsibility for the provision of any noneducational services being provided by such board of education.
(P.A. 17-68, S. 12.)
History: P.A. 17-68 effective July 1, 2017.
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Sec. 10-248c. Board of education to post and submit copy of current and projected expenditures and revenues. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, each local and regional board of education shall, on a quarterly basis, (1) post the board's current and projected expenditures and revenues on the Internet web site of the board, and (2) submit a copy of such current and projected expenditures and revenues to the legislative body of the municipality or, in a municipality where the legislative body is a town meeting, to the board of selectmen.
(P.A. 19-117, S. 290.)
History: P.A. 19-117 effective July 1, 2019.
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