Section 5000 Students

The Clinton Board of Education (the “Board”) complies with its legal obligation to cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is residing within the Board’s jurisdiction to attend school in accordance with Connecticut General Statutes § 10-184.

The Clinton Public Schools (the “District”) shall be open to resident children five years of age and over who reach age five on or before the first day of September of any school year. For children who will not reach the age of five on or before the first day of September of the school year, the child’s parent or guardian may submit a written request to the principal of the school in which the child would be enrolled based on District residency and attendance area requirements seeking early admission to the District. Upon receipt of such written request, the principal and an appropriate certified staff member shall assess such child to determine whether admitting the child is developmentally appropriate. For decisions relating to early admission to the District, the decision of the principal and appropriate certified staff shall be final.

The Superintendent or designee shall be responsible for developing administrative regulations in furtherance of this policy. Such regulations shall identify procedures for the receipt and processing of requests for early admission to the District and for assessing whether early admission of a child is developmentally appropriate.

 

Legal Reference:

Conn. Gen. Stat. § 10-15c

Conn. Gen. Stat. § 10-220

Conn. Gen. Stat. § 10-221

Conn. Gen. Stat. § 10-184

Public Act 23-208, “An Act Making Certain Revisions to the Education Statutes”

 

Policy adopted: December 4, 2023

Policy revised: December 2, 2024

5110 Regulation

Clinton Public Schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year who reside in Clinton Each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the program and activities of the school system without discrimination on account of race, color, sex, religion, national origin or sexual orientation. Students who are classified as homeless under federal law, and therefore do not have a fixed residence, will be admitted pursuant to federal law and policy 5118.1. Exceptions from routine admission may be made by the school Principal on the basis of supporting evidence from physical and psychological examinations.

According to Connecticut General Statute 10-76d (b2), special education will be provided for children who have attained the age of three and who have been identified as being in need of special education, and whose educational potential will be irreparably diminished without special education. If a special education student is being considered for an exception, the Planning and Placement Team (PPT) will make a recommendation to the administrator in charge of special education.

Each child entering the district schools for the first time must present a birth certificate or offer legal evidence of birth data, as well as proof of a recent physical examination and required immunizations. If the parents or guardians of any children are unable to pay for such immunizations, the expense of such immunizations shall on the recommendation of the Board, be paid by the town. Proof of Residency may also be requested by the Building Principal. Children who have attained the age of sixteen and who have terminated enrollment in the district's schools with parental permission as described previously and subsequently seeks readmission may be denied readmission for up to ninety school days from the date of such termination.

Children who apply for initial admission to the district's schools by transfer from nonpublic schools or from schools outside the district will be placed at the grade they would have reached elsewhere pending observation and evaluation by classroom teachers, guidance personnel, and the school Principal. After such observations and evaluations have been completed, the Principal will determine the final grade placement of the children.

Children who have attained the age of nineteen or older may be placed in an alternative school program or other suitable educational program if they cannot acquire a sufficient number of credits for graduation by age twenty-one.

Legal Reference:

Conn. Gen. Stat. § 10-204a

Policy adopted: June 15, 1992

Policy revised: March 15, 2010

Policy revised: August 19, 2019

 

Regular and punctual student attendance in school is essential to the educational process.  Connecticut state law places responsibility for assuring that students attend school with the parent or other person having control of the child.  To assist parents and other persons in meeting this responsibility, the Board of Education (the “Board”), through its Superintendent, will adopt and maintain procedures to implement this policy.

In addition, the Board takes seriously the issue of chronic absenteeism.  To address this issue, the Board, through its Superintendent, will adopt and maintain procedures regarding chronic absenteeism in accordance with state law.

Legal Reference:

Conn. Gen. Stat. § 10-73d

Conn. Gen. Stat. § 10-220

Conn. Gen. Stat. § 10-184

Conn. Gen. Stat. § 10-186

Conn. Gen. Stat. § 10-198a

Conn. Gen. Stat. § 10-198b

Conn. Gen. Stat. § 10-198c

Conn. Gen. Stat. § 10-198d

Conn. Gen. Stat. § 10-198e

Conn. Gen. Stat. § 10-198f

Public Act No. 23-160, “An Act Concerning Education Mandate Relief and Other Technical and Assorted Revisions and Additions to the Education and Early Childhood Education Statutes.”

Connecticut State Department of Education. Guidelines for Reporting Student Attendance in the Public School Information System (January 2008)

Connecticut State Board of Education Memorandum, Definitions of Excused and Unexcused Absences (June 27, 2012)

Connecticut State Department of Education, Guidelines for Implementation of the Definitions of Excused and Unexcused Absences and Best Practices for Absence Prevention and Intervention (April 2013)

Connecticut State Department of Education, Reducing Chronic Absence in Connecticut’s Schools: A Prevention and Intervention Guide for Schools and Districts (April 2017)

Connecticut State Department of Education Memorandum, Youth Service Bureau Referral for Truancy and Defiance of School Rules (February 22, 2018)

Connecticut State Department of Education, Youth Service Bureau Referral Guide (February 2018)

Connecticut State Department of Education Memorandum, Mental Health Wellness Days (January 24, 2022)

Connecticut State Department of Education Memorandum, Adoption of Definition of Remote Absence (September 7, 2022)

Connecticut State Board of Education Resolution (September 7, 2022)

 

 

Policy adopted: June 15, 1992

Policy revised: March 1, 1993

Policy revised: August 21, 2017

Policy revised: February 5, 2018

Policy revised: August 19, 2019

Policy revised: May 16, 2022

Policy revised: December 4, 2023

Policy revised: January 6, 2025

5113 Regulation

It is the policy of the Clinton Board of Education (the “Board”) to create a school environment that promotes respect of self, others, and property within the Clinton Public Schools (the “District”).  Compliance with this policy will enhance the Board and the District’s ability to maintain discipline and reduce interference with the educational process that can result from student misconduct. Pursuant to this policy, the District shall promote the utilization of consistent discipline practices, both within and across schools in the District, while also promoting the consideration of individual circumstances arising in each student disciplinary matter. 

Where appropriate, the District utilizes strategies that teach, encourage, and reinforce positive student behavior  Such strategies include, but are not limited to, using evidence and research-based interventions, including restorative practices, and may be implemented with or without imposing discipline, as appropriate.  In addition to implementing this Student Discipline policy, the District shall address student behavior in accordance with the Board’s School Climate Policy, Restorative Practices Response Policy, and any school rules, student handbook, and/or code of conduct provisions regarding the same.

1. Definitions

1. Bullying means unwanted and aggressive behavior among children in grades kindergarten to twelve, inclusive, that involves a real or perceived power imbalance.
2. Cannabis means marijuana, as defined by Conn. Gen. Stat. § 21a-240.
3. Challenging Behavior means behavior that negatively impacts school climate or interferes, or is at risk of interfering, with the learning or safety of a student or the safety of a school employee.
4. Dangerous Instrument means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a "vehicle" or a dog that has been commanded to attack.
5. Deadly Weapon means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon or metal knuckles.  A weapon such as a pellet gun and/or air soft pistol may constitute a deadly weapon if such weapon is designed for violence and is capable of inflicting death or serious bodily harm.  In making such determination, the following factors should be considered:  design of weapon; how weapon is typically used (e.g., hunting); type of projectile; force and velocity of discharge; method of discharge (e.g., spring v. CO2 cartridge) and potential for serious bodily harm or death.
6. Electronic Defense Weapon means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury, including a stun gun or other conductive energy device.
7. Emergency means a situation in which the continued presence of the student in school poses such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.
8. Exclusion means any denial of public school privileges to a student for disciplinary purposes.
9. Expulsion means the exclusion of a student from school privileges for more than ten (10) consecutive school days and shall be deemed to include, but not be limited to, exclusion from the school to which such student was assigned at the time such disciplinary action was taken.  The expulsion period may not extend beyond one (1) calendar year.
10. Firearm, as defined in 18 U.S.C § 921, means (a) any weapon (including a starter gun) that will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, (b) the frame or receiver of any such weapon, (c) a firearm muffler or silencer, or (d) any destructive device.  The term firearm does not include an antique firearm.  As used in this definition, a "destructive device" includes any explosive, incendiary, or poisonous gas device, including a bomb, a grenade, a rocket having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or any other similar device; or any weapon (other than a shotgun or shotgun shell which the Attorney General finds is generally recognized as particularly suited for sporting purposes) that will, or may be readily converted to, expel a projectile by explosive or other propellant, and which has a barrel with a bore of more than ½" in diameter.  The term "destructive device" also includes any combination of parts either designed or intended for use in converting any device into any destructive device and from which a destructive device may be readily assembled.  A “destructive device” does not include: an antique firearm; a rifle intended to be used by the owner solely for sporting, recreational, or cultural purposes; or any device which is neither designed nor redesigned for use as a weapon.
11. Generative Artificial Intelligence (“AI”) refers to a technology system, including but not limited to ChatGPT, capable of learning patterns and relationships from data, enabling it to create content, including but not limited to text, images, audio, or video, when prompted by a user.
12. Protected Class Harassment is a form of discrimination on the basis of any protected characteristic (or protected class) including race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, or any other basis prohibited by state or federal law (“Protected Class”).  Harassment constitutes unlawful discrimination when it creates a hostile environment, which occurs when the harassment is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Harassment against any individual on the basis of that individual’s association with someone in a Protected Class may be a form of Protected Class harassment.
13. In-School Suspension means an exclusion from regular classroom activity for no more than five (5) consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed.  No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one (1) school year, whichever results in fewer days of exclusion.
14. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon sai, tonfa or chinese star.
15. Removal is the exclusion of a student from a classroom for all or part of a single class period, provided such exclusion shall not extend beyond ninety (90) minutes.
16. School Days shall mean days when school is in session for students.
17. School-Sponsored Activity means any activity sponsored, recognized or authorized by the Board and includes activities conducted on or off school property.
18. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.
19. Suspension means the exclusion of a student from school and/or transportation services only, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed; and further provided no student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless such student is granted a formal hearing as provided below.
20. Synthetically created image means any photograph, film, videotape or other image of a person that (A) is (i) not wholly recorded by a camera, or (ii) either partially or wholly generated by a computer system, and (B) depicts, and is virtually indistinguishable from what a reasonable person would believe is the actual depiction of, an identifiable person.
21. Weapon means any BB gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches and over in length, any martial arts weapon or electronic defense weapon, or any other dangerous or deadly weapon or instrument, unless permitted by law under Section 29-38 of the Connecticut General Statutes.
22. Notwithstanding the foregoing definitions, the reassignment of a student from one regular education classroom program in the District to another regular education classroom program in the District shall not constitute a suspension or expulsion.
23. For purposes of this policy, references to “school”, “school grounds” and “classroom” shall include physical educational environments, as well as environments, including on school transportation in which students are engaged in remote learning, which means instruction by means of one or more Internet-based software platforms as part of a remote learning model.

2. Scope of the Student Discipline Policy

1. Conduct on School Grounds, on School Transportation or at a School-Sponsored Activity

1. Suspension.  Students may be suspended for conduct on school grounds, on school transportation, or at any school-sponsored activity that violates a publicized policy of the Board or is seriously disruptive of the educational process or endangers persons or property.
2. Expulsion.  Students may be expelled for conduct on school grounds, on school transportation, or any school-sponsored activity that either (1) violates a publicized policy of the Board and is seriously disruptive of the educational process, or (2) endangers persons or property.

2. Conduct off School Grounds

1. Discipline.  Students may be disciplined, including suspension and/or expulsion, for conduct off school grounds if such conduct violates a publicized policy of the Board and is seriously disruptive of the educational process.  

3. Seriously Disruptive of the Educational Process

In making a determination as to whether such off campus conduct is seriously disruptive of the educational process, the Administration and the Board may consider, but such consideration shall not be limited to, the following factors:  (1) whether the incident occurred within close proximity of a school;  (2) whether other students from the school were involved or whether there was any gang involvement;  (3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Section 29-38 of the Connecticut General Statutes, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol.  The Administration and/or the Board may also consider (5) whether the off-campus conduct involved the illegal use of drugs.

4. Misconduct Involving Cannabis

A student shall not have greater discipline, punishment, or sanction for the use, sale, or possession of cannabis on school property than a student would face for the use, sale, or possession of alcohol on school property, except as otherwise required by applicable law.

3. Actions Leading to Disciplinary Action, including Removal from Class, Suspension and/or Expulsion

Conduct that is considered to violate a publicized policy of the Board includes the offenses described below.  Any such conduct may lead to disciplinary action (including, but not limited to, removal from class, suspension and/or expulsion in accordance with this policy):

1. Striking or assaulting a student, member of the school staff or other person(s).
2. Theft.
3. The use of obscene or profane language or gestures.
4. The possession, display and/or dissemination of obscenity or pornographic images or the unauthorized or inappropriate possession, display and/or dissemination of images, pictures or photographs depicting nudity, including intimate synthetically created images.
5. Violation of smoking, dress, transportation regulations, or other regulations and/or policies governing student conduct.
6. Refusal to obey a member of the school staff, law enforcement authorities, or school volunteers, or disruptive classroom behavior.
7. The use of one or more of the following: objectively offensive racial, ethnic, or religious epithets (or epithets commonly associated with any Protected Class membership, including but not limited to epithets relating to sex, sexual orientation, and/or gender identity or expression); other words or phrases commonly considered demeaning or degrading on the basis of Protected Class membership; display of images or symbols commonly associated with discrimination against individuals on the basis of their membership in a Protected Class; graphic, written or electronic communications that are harmful, or humiliating based on Protected Class membership; bigoted conduct or communications; and/or physical, written, electronic or verbal threats based on Protected Class membership.
8. Any act Protected Class Harassment or reprisal or retaliation against any individual for reporting in good faith incidents of Protected Class Harassment, or who participate in the investigation of such reports.
9. Refusal by a student to respond to a staff member’s request for the student to provide the student’s name to a staff member when asked, misidentification of oneself to such person(s), lying to school staff members or otherwise engaging in dishonest behavior.
10. Inappropriate displays of public affection of a sexual nature and/or sexual activity on school grounds, on school transportation, or at a school-sponsored activity.
11. A walk-out from or sit-in within a classroom or school building or school grounds.
12. Blackmailing, threatening or intimidating school staff or students (or acting in a manner that could be construed to constitute blackmail, a threat, or intimidation, regardless of whether intended as a joke), including the use of AI to engage in such conduct.
13. Possession and/or use of any weapon, weapon facsimile, deadly weapon, martial arts weapon, electronic defense weapon, pistol, knife, blackjack, bludgeon, box cutter, metal knuckles, pellet gun, air pistol, explosive device, firearm, whether loaded or unloaded, whether functional or not, or any other dangerous object or instrument.  The possession and/or use of any object or device that has been converted or modified for use as a weapon.
14. Possession of any ammunition for any weapon described above in Paragraph 13.
15. Unauthorized entrance into any school facility or portion of a school facility or aiding or abetting an unauthorized entrance.
16. Possession or ignition of any fireworks, combustible or other explosive materials, or ignition of any material causing a fire.  Possession of any materials designed to be used in the ignition of combustible materials, including matches and lighters.
17. Possession, sale, distribution, use, or consumption of tobacco, electronic nicotine delivery systems (e.g. e-cigarettes), electronic cannabis delivery system, vapor products, drugs, narcotics or alcoholic beverages (or any facsimile of tobacco, drugs, narcotics or alcoholic beverages, or any item represented to be tobacco, drugs or alcoholic beverages), including being under the influence of any such substances or aiding in the procurement of any such substances.  For the purposes of this Paragraph 17, the term “electronic nicotine delivery system” shall mean an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid.  For purposes of Paragraph 17, the term “electronic cannabis delivery system” shall mean an electronic device that may be used to simulate smoking in the delivery of cannabis to a person inhaling the device and includes, but is not limited to, a vaporizer, electronic pipe, electronic hookah and any related device and any cartridge or other component of such device.  For the purposes of Paragraph 17, the term “vapor product” shall mean any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine and is inhaled by the user of such product.  For the purposes of this Paragraph 17, the term "drugs" shall include, but shall not be limited to, any medicinal preparation (prescription and non-prescription) and any controlled substance whose possession, sale, distribution, use or consumption is illegal under state and/or federal law, including cannabis.
18. Sale, distribution, or consumption of substances contained in household items; including, but not limited to glue, paint, accelerants/propellants for aerosol canisters, and/or items such as the aerators for whipped cream; if sold, distributed or consumed for the purpose of inducing a stimulant, depressant, hallucinogenic or mind-altering effect.
19. Possession of paraphernalia used or designed to be used in the consumption, sale or distribution of drugs, alcohol or tobacco, as described in Paragraph (17) above.  For purposes of this policy, drug paraphernalia includes any equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing controlled drugs or controlled substances into the human body, including but not limited to items such as "bongs," pipes, "roach clips," vials, tobacco rolling papers, and any object or container used, intended or designed for use in storing, concealing, possessing, distributing or selling controlled drugs or controlled substances, including cannabis.
20. The destruction of real, personal or school property, such as, cutting, defacing or otherwise damaging property in any way.
21. Accumulation of offenses such as school and class tardiness, class or study hall cutting, or failure to attend detention.
22. Trespassing on school grounds while on out-of-school suspension or expulsion.
23. Making false bomb threats or other threats to the safety of students, employees, and/or other persons.
24. Defiance of school rules and the valid authority of teachers, supervisors, administrators, other employees and/or law enforcement authorities.
25. Throwing snowballs, rocks, sticks and/or similar objects, except as specifically authorized by school employees responsible for student supervision.
26. Unauthorized and/or reckless and/or improper operation of a motor vehicle on school grounds or at any school-sponsored activity.
27. Leaving school grounds, school transportation or a school-sponsored activity without authorization.
28. Use of or copying of the academic work of another individual and presenting it as the student's own work, without proper attribution; the unauthorized use of AI for the completion of class assignments; or any other form of academic dishonesty, cheating or plagiarism.
29. Possession and/or use of a cellular telephone, radio, portable audio player, CD player, blackberry, tablet, personal data assistant, walkie talkie, Smartphone, mobile or handheld device, or similar electronic device, on school grounds, on school transportation, or at a school-sponsored activity in violation of Board policy and/or administrative regulations regulating the use of such devices.
30. Possession and/or use of a beeper or paging device on school grounds, on school transportation, or at a school-sponsored activity without the written permission of the principal or designee.
31. Unauthorized use of or tampering with any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for inappropriate purposes, including using AI in a manner that disrupts or undermines the effective operation of the school district or is otherwise seriously disruptive to the educational process.
32. Possession and/or use of a laser pointer, unless the student possesses the laser pointer temporarily for an educational purpose while under the direct supervision of a responsible adult.
33. Hazing.
34. Challenging behavior, including, but not limited to, bullying, as defined in the Board’s School Climate Policy and above. 
35. Cyberbullying, defined as any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.
36. Acting in any manner that creates a health and/or safety hazard for employees, students, third parties on school property or the public, regardless of whether the conduct is intended as a joke, including but not limited to violating school or District health and safety protocols.
37. Engaging in a plan to stage or create a violent and/or sexual situation or activity for the purposes of recording it by electronic means and/or recording such situation or activity by electronic means.  Reporting recordings to school officials may warrant exceptions from disciplinary action in certain circumstances.
38. The unauthorized publication or dissemination of a recording (photographic or audio) of another individual without permission of the individual or a school employee. Reporting recordings to school officials may warrant exceptions from disciplinary action in certain circumstances.
39. Using computer systems, including email, remote learning platforms, instant messaging, text messaging, blogging or the use of social networking websites, AI, or other forms of electronic communications, to engage in any conduct prohibited by this policy.
40. Use of a privately owned electronic or technological device in violation of school rules, including the unauthorized recording (photographic or audio) of another individual without permission of the individual or a school employee.
41. Engaging in teen dating violence, defined as any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, which occurs between two students who are currently in or who have recently been in a dating relationship.
42. Any action prohibited by any Federal or State law.
43. Any other violation of school rules or regulations or a series of violations which makes the presence of the student in school seriously disruptive of the educational process and/or a danger to persons or property.

4. Discretionary and Mandatory Expulsions

1. An administrator responsible for a school program (“responsible administrator”) may consider recommendation of expulsion of a student in grades three to twelve, inclusive, in a case where the reasonable administrator has reason to believe the student has engaged in conduct described at Sections II.A. or II.B., above.
2. A responsible administrator must recommend expulsion proceedings in all cases against any student in grades kindergarten to twelve, inclusive, whom the District Administration has reason to believe:

1. was in possession on school grounds, on school transportation, or at a school-sponsored activity of a deadly weapon, dangerous instrument, martial arts weapon, or firearm as defined in 18 U.S.C. § 921 as amended from time to time; or
2. off school grounds, possessed a firearm as defined in 18 U.S.C. § 921, in violation of Conn. Gen. Stat. § 29-35, or possessed and used a firearm as defined in 18 U.S.C. § 921, a deadly weapon, a dangerous instrument or a martial arts weapon in the commission of a crime under chapter 952 of the Connecticut General Statutes; or
3. was engaged on or off school grounds or school transportation in offering for sale or distribution a controlled substance (as defined in Conn. Gen. Stat. § 21a-240(9)), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under Conn. Gen. Stat. §§21a-277 and 21a-278.  Sale or distribution of less than one (1) kilogram of cannabis is not subject to mandatory expulsion.

The terms “dangerous instrument,” “deadly weapon,” electronic defense weapon,” “firearm,” and “martial arts weapon,” are defined above in Section I.

3. In any preschool program provided by the Board or provided by a regional educational service center or a state or local charter school pursuant to an agreement with the Board, no student enrolled in such a preschool program shall be expelled from such preschool program, except an expulsion hearing shall be conducted by the Board in accordance with Section VIII of this policy whenever the Administration has reason to believe that that a student enrolled in such preschool program was in possession of a firearm as defined in 18 U.S.C. § 921, as amended from time to time, on or off school grounds, on school transportation, or at a preschool program-sponsored event.  The term “firearm” is defined above in Section I.
4. Upon receipt of an expulsion recommendation, the Superintendent may conduct an inquiry concerning the expulsion recommendation.

If the Superintendent or designee determines that a student should or must be expelled, the Superintendent or designee shall forward such recommendation to the Board so that the Board can consider and act upon this recommendation.

5. In keeping with Conn. Gen. Stat. § 10-233d and the Gun-Free Schools Act, it shall be the policy of the Board to expel a student in grades kindergarten to twelve, inclusive, for one (1) full calendar year for the conduct described in Section IV.B(1), (2) and (3) of this policy and to expel a student enrolled in a preschool program for one (1) calendar year for the conduct described in Section IV.C.  For any mandatory expulsion offense, the Board may modify the term of expulsion on a case-by-case basis.

5. Procedures Governing Behavior that Causes a Serious Disruption

1. A school principal or other school administrator shall notify a parent or guardian of a student whose behavior has caused a serious disruption to the instruction of other students; caused self-harm; or caused physical harm to a teacher, another student, or other school employee not later than twenty-four (24) hours after such behavior occurs.
2. Such notice shall include, but not be limited to, informing such parent or guardian that the teacher of record in the classroom in which such behavior occurred may request a behavior intervention meeting.
3. If the teacher of record in the classroom ultimately requests a behavior intervention meeting with the crisis intervention team for the school, the parent or guardian must be notified that such meeting will occur. 
4. If a behavior intervention meeting occurs, the crisis intervention team shall, not later than seven (7) days after the behavior intervention meeting, provide to the parent or guardian of such student, in the dominant language of such parent or guardian, a written summary of such meeting, including, but not limited to, the resources and supports identified

6. Procedures Governing Removal from Class

1. A student may be removed from class by a teacher or administrator if the student deliberately causes a serious disruption of the educational process.  When a student is removed by a teacher, the teacher must send the student to a designated area and notify the building principal or designee at once.
2. A student may not be removed from class more than six (6) times in one school year nor more than twice in one week unless the student is referred to the responsible administrator or designee and granted an informal hearing at which the student should be informed of the reasons for the disciplinary action and given an opportunity to explain the situation.
3. The parents or guardian of any minor student removed from class shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of such removal from class.

7. Procedures Governing Suspension

1. The responsible administrator or designee on the administrative staff of the school, shall have the right to suspend a student for breach of conduct as noted in Section II of this policy for not more than the following: five (5) consecutive school days for an in-school suspension; ten (10) consecutive school days for an out-of-school suspension for students in grades three through twelve, inclusive; or five (5) consecutive school days for an out-of-school suspension for students in grades preschool to two, inclusive.  In cases where suspension is contemplated, the following procedures shall be followed.

1. Unless an emergency situation exists, no student shall be suspended prior to having an informal hearing before the responsible administrator or designee at which the student is informed of the alleged misconduct and given an opportunity to respond.  In the event of an emergency, the informal hearing shall be held as soon after the suspension as possible.
2. Prior to conducting the informal hearing referenced above, an administrator, school counselor or school social worker at the student’s school must contact the District’s Homeless Education Liaison to determine whether the student is a homeless child or youth, as defined by the McKinney-Vento Homeless Assistance Act. If a student is determined to be a homeless child or youth, the responsible administrator or the administrator’s designee must consider the impact of homelessness on the student’s behavior during the informal hearing.
3. If suspended, such suspension shall be an in-school suspension, except the responsible administrator or designee may impose an out-of-school suspension on any student:

1. in grades three to twelve, inclusive, if, during the informal hearing, (i) the responsible administrator or designee determines that the student poses such a danger to persons or property or such a disruption of the educational process that the student should be excluded from school during the period of suspension; or (ii) the principal or designee determines that an out-of-school suspension is appropriate based on evidence of (A) the student’s previous disciplinary problems that have led to suspensions or expulsion of such student, and (B) previous efforts by the District Administration to address the student’s disciplinary problems through means other than out-of-school suspension or expulsion, including positive behavioral support strategies, or
2. in grades preschool to two, inclusive, if the responsible administrator or designee 

1. determines that an out-of-school suspension is appropriate for such student based on evidence that such student’s conduct on school grounds is behavior that caused physical harm;
2. requires that such student receives services that are trauma-informed and developmentally appropriate and align with any behavioral intervention plan, individualized education program (“IEP”) or plan pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”) for such student upon such student's return to school immediately following the out-of-school suspension; and
3. considers whether to convene a Planning and Placement Team (“PPT”) meeting for the purposes of conducting an evaluation to determine whether such student may require special education or related services.

4. Evidence of past disciplinary problems that have led to removal from a classroom, suspension, or expulsion of a student who is the subject of an informal hearing may be received by the responsible administrator or designee, but only considered in the determination of the length of suspensions.
5. By telephone, the responsible administrator or designee shall make reasonable attempts to immediately notify the parent or guardian of a minor student following the suspension and to state the cause(s) leading to the suspension.
6. Whether or not telephone contact is made with the parent or guardian of such minor student, the responsible administrator or designee shall forward a letter promptly to such parent or guardian to the last address reported on school records (or to a newer address if known by the responsible administrator or designee), offering the parent or guardian an opportunity for a conference to discuss same.
7. In all cases, the parent or guardian of any minor student who has been suspended shall be given notice of such suspension within twenty-four (24) hours of the time of the institution of the suspension.
8. Not later than twenty-four (24) hours after the commencement of the suspension, the responsible administrator or designee shall also notify the Superintendent or designee of the name of the student being suspended and the reason for the suspension.
9. The student shall be allowed to complete any classwork, including examinations, without penalty, which the student missed while under suspension.
10. The Administration may, in its discretion, shorten or waive the suspension period for a student who has not previously been suspended or expelled, if the student completes an Administration-specified program and meets any other conditions required by the Administration.  Such Administration-specified program shall not require the student and/or the student’s parents to pay for participation in the program. The Superintendent may delegate this authority to building or program level administrators.
11. Notice of the suspension shall be recorded in the student's cumulative educational record.  Such notice shall be expunged from the cumulative educational record if the student graduates from high school.  In cases where the student’s period of suspension is shortened or waived in accordance with Section VII.A(10), above, the Administration may choose to expunge the suspension notice from the cumulative record at the time the student completes the Administration-specified program and meets any other conditions required by the Administration. The Superintendent may delegate this authority to building or program level administrators.
12. If the student has not previously been suspended or expelled, and the Administration chooses to expunge the suspension notice from the student’s cumulative record prior to graduation, the Administration may refer to the existence of the expunged disciplinary notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspensions or expulsions by the student would constitute the student’s first such offense.
13. The decision of the responsible administrator or designee with regard to disciplinary actions up to and including suspensions shall be final.
14. During any period of suspension served out of school, the student shall not be permitted to be on school property and shall not be permitted to attend or participate in any school-sponsored activities, unless the responsible administrator specifically authorizes the student to enter school property for a specified purpose or to participate in a particular school-sponsored activity.

2. In cases where a student’s suspension will result in the student being suspended more than ten (10) times or for a total of fifty (50) days in a school year, whichever results in fewer days of exclusion, the student shall, prior to the pending suspension, be granted a formal hearing before the Board.  The responsible administrator or designee shall report the student to the Superintendent or designee and request a formal Board hearing.  If an emergency situation exists, such hearing shall be held as soon after the suspension as possible.

8. Procedures Governing In-School Suspension

1. The responsible administrator or designee may impose in-school suspension in cases where a student's conduct endangers persons or property, violates school policy or seriously disrupts the educational process as determined by the responsible administrator or designee.
2. In-school suspension may not be imposed on a student without an informal hearing by the building responsible administrator or designee.
3. In-school suspension may be served in the school or program that the student regularly attends or in any other school building within the jurisdiction of the Board.
4. No student shall be placed on in-school suspension more than fifteen (15) times or for a total of fifty (50) days in one school year, whichever results in fewer days of exclusion.
5. The parents or guardian of any minor student placed on in-school suspension shall be given notice of such suspension within twenty-four (24) hours of the time of the institution of the period of the in-school suspension.

9. Procedures Governing Expulsion Hearing

1. Emergency Exception

Except in an emergency situation, the Board shall, prior to expelling any student, conduct a hearing to be governed by the procedures outlined herein and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a.  Whenever an emergency exists, the hearing provided for herein shall be held as soon as possible after the expulsion.

2. Hearing Panel

1. Expulsion hearings conducted by the Board will be heard by any three or more Board members.  A decision to expel a student must be supported by a majority of the Board members present, provided that no less than three (3) affirmative votes to expel are cast.
2. Alternatively, the Board may appoint an impartial hearing board composed of one (1) or more persons to hear and decide the expulsion matter, provided that no member of the Board may serve on such panel.

3. Hearing Notice and Rights of the Student and Parent(s)/Guardian(s)

1. Written notice of the expulsion hearing must be given to the student, and, if the student is a minor, to the student’s parent(s) or guardian(s) at least five (5) business days before such hearing, not including the day of such hearing.
2. A copy of this Board policy on student discipline shall also be given to the student, and if the student is a minor, to the student’s parent(s) or guardian(s), at the time the notice is sent that an expulsion hearing will be convened.
3. The written notice of the expulsion hearing shall inform the student of the following:

1. The date, time, place and nature of the hearing, including if the hearing will be held virtually, via video conference.
2. The legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the legal statutes involved.
3. A short, plain description of the conduct alleged by the Superintendent or designee.
4. The student may present as evidence relevant testimony and documents concerning the conduct alleged and the appropriate length and conditions of expulsion; and that the expulsion hearing may be the student’s sole opportunity to present such evidence.
5. The student may cross-examine witnesses called by the Superintendent or designee.
6. The student may be represented by an attorney or other advocate of the student’s choice at the student’s expense or at the expense of the student’s parent(s) or guardian(s).
7. A student is entitled to the services of a translator or interpreter, to be provided by the Board, whenever the student or the student’s parent(s) or guardian(s) requires the services of an interpreter because they do not speak the English language or are disabled.
8. The conditions under which the Board is not legally required to give the student an alternative educational opportunity (if applicable).
9. Information concerning the parent’s(s’) or guardian’s(s’) and the student’s legal rights and about free or reduced-rate legal services and how to access such services.
10. The parent(s) or guardian(s) of the student have the right to have the expulsion hearing postponed for up to one week to allow time to obtain representation, except that if an emergency exists, such hearing shall be held as soon after the expulsion as possible.

4. Prior to conducting the expulsion hearing, an administrator, school counselor, or school social worker at the student’s school must contact the District’s Homeless Education Liaison to determine whether the student is a homeless child or youth, as defined by the McKinney-Vento Homeless Assistance Act.

4. Hearing Procedures

1. The hearing will be conducted by the Presiding Officer, who will call the meeting to order, introduce the parties, Board members and others participating in the hearing (if applicable), briefly explain the hearing procedures, and swear in any witnesses called by the Superintendent/designee or the student.  If an impartial board or more than one person has been appointed, the impartial board shall appoint a Presiding Officer.
2. The hearing will be conducted in executive session.  A verbatim record of the hearing will be made, either by tape or digital recording or by a stenographer.  A record of the hearing will be maintained, including the verbatim record, all written notices and documents relating to the case and all evidence received or considered at hearing.
3. The Superintendent or designee shall bear the burden of production to come forward with evidence to support its case and shall bear the burden of persuasion.  The standard of proof shall be a preponderance of the evidence.
4. Formal rules of evidence will not be followed.  The Board (or the impartial board) has the right to accept hearsay and other evidence if it deems that evidence relevant or material to its determination.  The Presiding Officer will rule on testimony or evidence as to it being immaterial, irrelevant and/or any other objections to its submission.
5. The hearing will be conducted in two (2) parts.  In the first part of the hearing, the Board (or the impartial board) will receive and consider evidence regarding the conduct alleged by the Administration.
6. In the first part of the hearing, the charges will be introduced into the record by the Superintendent or his/her designee.
7. Each witness for the Superintendent or designee will be called and sworn.  After a witness has finished testifying, the witness will be subject to cross-examination by the opposite party or the witness’ legal counsel, by the Presiding Officer and by Board members (or the impartial board).
8. The student shall not be compelled to testify at the hearing.
9. After the Superintendent or designee has presented the Administration’s case, the student will be asked if the student has any witnesses or evidence to present concerning the charges.  If so, the witnesses will be sworn, will testify, and will be subject to cross examination and to questioning by the Superintendent or designee, the Presiding Officer and/or by the Board (or the impartial board).  The student may also choose to make a statement at this time.  If the student chooses to make a statement, the student will be sworn and subject to cross examination and questioning by the Superintendent or designee, the Presiding Officer and/or by the Board (or the impartial board).  Concluding statements will be made by the Superintendent or designee and then by the student and/or the student’s representative.
10. In cases where the student has denied the allegation, the Board (or the impartial board) must determine whether the student committed the offense(s) as charged by the Superintendent or designee.
11. If the Board (or the impartial board) determines that the student has committed the conduct as alleged, then the Board (or the impartial board) shall proceed with the second portion of the hearing, during which the Board (or the impartial board) will receive and consider relevant evidence regarding the length and conditions of expulsion.
12. When considering the length and conditions of expulsion, the Board (or the impartial board) may review the student’s attendance, academic and past disciplinary records.  The Board (or the impartial board) may not review notices of prior expulsions or suspensions which have been expunged from the student’s cumulative record, except as so provided in Section VII.A (9), (10), (11), above, and Section XI, below.  The Board (or the impartial board) may ask the Superintendent or designee for a recommendation as to the discipline to be imposed.
13. Evidence of past disciplinary problems that have led to removal from a classroom, suspension or expulsion of a student being considered for expulsion may be considered only during the second portion of the hearing, during which the Board (or the impartial board) is considering length of expulsion and nature of alternative educational opportunity to be offered.
14. If a student is determined to be a homeless child or youth as described in Subsection IX.C(4), the Board (or the impartial board) must consider the impact of homelessness on the student’s behavior. Such student may not be expelled without a plan of interventions and supports to mitigate the impact of homelessness on the student’s behavior.  If the student is identified as a homeless child or youth and is expelled more than one time, the student shall be provided a meeting with the District’s Homeless Education Liaison.
15. Where administrators presented the case in support of the charges against the student, neither such administrative staff nor the Superintendent or designee shall be present during the deliberations of the Board (or the impartial board) either on questions of evidence or on the final discipline to be imposed.  The Superintendent or designee may, after reviewing the incident with administrators, and reviewing the student’s records, make a recommendation to the Board (or the impartial board) as to the appropriate discipline to be applied.
16. The Board (or the impartial board) shall make findings as to the truth of the charges, if the student has denied them; and, in all cases, the disciplinary action, if any, to be imposed.  While the hearing itself is conducted in executive session, the vote regarding expulsion must be made in open session and in a manner that preserves the confidentiality of the student’s name and other personally identifiable information.
17. Except for a student who has been expelled based on possession of a firearm or deadly weapon as described in subsection IV.B (1) and (2) above, the Board (or the impartial board) may, in its discretion, shorten or waive the expulsion period for a student who has not previously been suspended or expelled, if the student completes a Board-specified program and meets any other conditions required by the Board (or the impartial board).  The Board-specified program shall not require the student and/or the student’s parents to pay for participation in the program.
18. The Board (or the impartial board) shall report its final decision in writing to the student, or if such student is a minor, also to the parent(s) or guardian(s), stating the reasons on which the decision is based, and the disciplinary action to be imposed.  Said decision shall be based solely on evidence presented at the hearing.  The parents or guardian or any minor student who has been expelled shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of the period of the expulsion.
19. The hearing may be conducted virtually, via video conference, at the discretion of the Board (or the impartial board), in the event school buildings are closed to students or individuals are provided limited access to school buildings due to a serious health emergency.  Any virtual hearing must provide the student the due process rights identified in this Subsection D.

5. Presence on School Grounds, on School Transportation, and Participation in School-Sponsored Activities During Expulsion

During the period of expulsion, the student shall not be permitted to be on school property or on school transportation, and shall not be permitted to attend or participate in any school-sponsored activities, except for the student’s participation in any alternative educational opportunity provided by the District in accordance with this policy, unless the Superintendent or designee specifically provides written permission for the student to enter school property or on school transportation for a specified purpose or to participate in a particular school-sponsored activity.

6. Stipulated Agreements

In lieu of the procedures used in this Section, the Superintendent or designee and the parent(s) or legal guardian(s) of a student facing expulsion may choose to enter into a Joint Stipulation of the Facts and a Joint Recommendation to the Board concerning the length and conditions of expulsion.  Such Joint Stipulation and Recommendation shall include language indicating that the parent(s) or legal guardian(s) understand their right to have an expulsion hearing held pursuant to these procedures, and language indicating that the Board, in its discretion, has the right to accept or reject the Joint Stipulation of Facts and Recommendation.  If the Board (or the impartial board) rejects either the Joint Stipulation of Facts or the Recommendation, an expulsion hearing shall be held pursuant to the procedures outlined herein.  If the student is eighteen years of age or older, the student shall have the authority to enter into a Joint Stipulation and Recommendation on the student’s own behalf.

If the parties agree on the facts, but not on the disciplinary recommendation, the Superintendent or designee and the parents (or legal guardians) of a student facing expulsion may also choose to enter into a Joint Stipulation of the Facts and submit only the Stipulation of the Facts to the Board (or the impartial board) in lieu of holding the first part of the hearing, as described above.  Such Joint Stipulation shall include language indicating that the parents and/or student over the age of eighteen (18) understand their right to have a hearing to determine whether the student engaged in the alleged misconduct and that the Board, in its discretion, has the right to accept or reject the Joint Stipulation of Facts.   If the Board (or the impartial board) rejects the Joint Stipulation of Facts, a full expulsion hearing shall be held pursuant to the procedures outlined herein.

10. Alternative Educational Opportunities for Expelled Students

1. Students under sixteen (16) years of age

Whenever the Board expels a student under sixteen (16) years of age, it shall offer any such student an alternative educational opportunity.

2. Students sixteen (16) to eighteen (18) years of age

1. The Board shall provide an alternative educational opportunity to a sixteen (16) to eighteen (18) year-old student expelled for the first time if the student requests it and if the student agrees to the conditions set by the Board.  Such alternative educational opportunity may include, but shall not be limited to, the placement of a student who is at least seventeen years of age in an adult education program.  Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school as a condition of participation in the adult education program.
2. The Board action is not required to offer an alternative educational opportunity to any student between the ages of sixteen (16) and eighteen (18) who is expelled for a second, or subsequent, time.
3. The Board shall count the expulsion of a pupil when the student was under sixteen (16) years of age for purposes of determining whether an alternative educational opportunity is required for such student when the student is between the ages of sixteen and eighteen.

3. Students eighteen (18) years of age or older

The Board is not required to offer an alternative educational opportunity to expelled students eighteen (18) years of age or older.

4. Content of Alternative Educational Opportunity

1. For the purposes of Section X, and subject to Subsection X.E, below, any alternative educational opportunity to which an expelled student is statutorily entitled shall be (1) alternative education, as defined by Conn. Gen. Stat. § 10-74j and in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the Connecticut State Board of Education (“CSBE”), with an individualized learning plan, if the Board provides such alternative education, or (2) in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the CSBE.
2. The Superintendent, or designee, shall develop administrative regulations concerning alternative educational opportunities, which administrative regulations shall be in compliance with the standards adopted by the CSBE. Such administrative regulations shall include, but are not limited to, provisions to address student placement in alternative education; individualized learning plans; monitoring of student placements and performance; and a process for transition planning.

5. Students identified as eligible for services under the Individuals with Disabilities Education Act (“IDEA”)

Notwithstanding Subsections X.A. through D. above, if the Board expels a student who has been identified as eligible for services under the Individuals with Disabilities Education Act (“IDEA”), it shall offer an alternative educational opportunity to such student in accordance with the requirements of IDEA, as it may be amended from time to time, and in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the CSBE.

6. Students for whom an alternative educational opportunity is not required

The Board may offer an alternative educational opportunity to a student for whom such alternative educational opportunity is not required by law or as described in this policy.  In such cases, the Board, or if delegated by the Board, the Administration, shall determine the components, including nature, frequency and duration of such services, of any such alternative educational opportunity.

11. Notice of Student Expulsion on Cumulative Record

Notice of expulsion and the conduct for which the student was expelled shall be included on the student’s cumulative educational record.  Such notice, except for notice of an expulsion of a student in grades nine through twelve, inclusive, based upon possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the District if the student graduates from high school.

In cases where the student’s period of expulsion is shortened or waived in accordance with Section IX.D(17), above, the Board may choose to expunge the expulsion notice from the cumulative record at the time the student completes the Board-specified program and meets any other conditions required by the Board.  Except as may be specified by the Board in an expulsion hearing decision, the Board delegates the authority to make decisions pertaining to expungement to the Superintendent.

If a student’s period of expulsion was not shortened or waived, the Board may choose to expunge the expulsion notice from the student’s cumulative record prior to graduation if such student has demonstrated to the Board that the student’s conduct and behavior in the years following such expulsion warrants an expungement.  In deciding whether to expunge the expulsion notice, the Board may receive and consider evidence of any subsequent disciplinary problems that have led to removal from a classroom, suspension or expulsion of the student. Except as may be specified by the Board in an expulsion hearing decision, the Board delegates the authority to make decisions pertaining to expungement to the Superintendent.

If the student has not previously been suspended or expelled, and the Administration chooses to expunge the expulsion notice from the student’s cumulative record prior to graduation, the Administration may refer to the existence of the expunged notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspension or expulsion by the student would constitute the student’s first such offense.

12. Change of Residence During Expulsion Proceedings

1. Student moving into the District

1. If a student enrolls in the District while an expulsion hearing is pending in another public school district, such student shall not be excluded from school pending completion of the expulsion hearing unless an emergency exists, as defined above.  The Board shall retain the authority to suspend the student or to conduct its own expulsion hearing. The procedures outlined above in Section IX and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a shall be utilized for any hearing conducted under this section.
2. Where a student enrolls in the District during the period of expulsion from another public school district, the Board may adopt the decision of the student expulsion hearing conducted by such other school district.  The student shall be excluded from school pending such hearing.  The excluded student shall be offered an alternative educational opportunity in accordance with statutory requirements.  The Board (or the impartial board) shall make its determination pertaining to expulsion based upon a hearing held by the Board (or the impartial board), which hearing shall be limited to a determination of whether the conduct which was the basis of the previous public school district’s expulsion would also warrant expulsion by the Board. The procedures outlined above in Section IX and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a shall be utilized for any hearing conducted under this section.

2. Student moving out of the District

Where a student withdraws from school after having been notified that an expulsion hearing is pending, but before a decision has been rendered by the Board, the notice of the pending expulsion hearing shall be included on the student’s cumulative record and the Board shall complete the expulsion hearing and render a decision.  If the Board subsequently renders a decision to expel the student, a notice of the expulsion shall be included on the student’s cumulative record.

13. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for Services under the Individuals with Disabilities Act (“IDEA”)

1. Suspension of IDEA students

Notwithstanding the foregoing, if a responsible administrator suspends a student identified as eligible for services under the IDEA (an “IDEA student”) who has violated any rule or code of conduct of the District that applies to all students, the following procedures shall apply:

1. The responsible administrator shall make reasonable attempts to immediately notify the parents of the student of the decision to suspend on the date on which the decision to suspend was made, and a copy of the special education procedural safeguards must either be hand-delivered or sent by mail to the parents on the date that the decision to suspend was made.
2. During the period of suspension, the District is not required to provide any educational services to the IDEA student beyond that which is provided to all students suspended by the District, except as set forth in subsection (3) below.
3. If an IDEA student is being suspended and that student has already been removed from their current placement for ten (10) school days in the same school year, school personnel, in consultation with at least one of the student’s teachers, must determine the extent to which services are needed so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP, so long as the suspension does not constitute a change in placement. If the suspension constitutes a change in placement, subsection (B) below will apply.

2. Expulsion and Suspensions that Constitute Changes in Placement for IDEA students

Notwithstanding any provision to the contrary, if the Administration recommends for expulsion an IDEA student who has violated any rule or code of conduct of the District that applies to all students, the procedures described in this section shall apply.  The procedures described in this section shall also apply for students whom the Administration has suspended in a manner that is considered under the IDEA, as it may be amended from time to time, to be a change in educational placement:

1. Upon the decision by the Administration to recommend expulsion or impose a suspension that would constitute a change in educational placement, the Administration shall promptly notify the parent(s)/guardian(s) of the student of the recommendation of expulsion or the suspension that would constitute a change in educational placement, and provide the parents(s)/guardian(s) a copy of the special education procedural safeguards either by hand-delivery or by mail (unless other means of transmission have been arranged).
2. The District shall immediately convene the student’s planning and placement team (“PPT”), but in no case later than ten (10) school days after the recommendation for expulsion or the suspension that constitutes a change in placement was made.  The student’s PPT shall consider the relationship between the student’s disability and the behavior that led to the recommendation for expulsion or the suspension which constitutes a change in placement, in order to determine whether the student’s behavior was a manifestation of the student’s disability.
3. If the student’s PPT finds that the behavior was a manifestation of the student’s disability, the Administration shall not proceed with the recommendation for expulsion or the suspension that constitutes a change in placement.
4. If the student’s PPT finds that the behavior was not a manifestation of the student’s disability, the Administration may proceed with the recommended expulsion or suspension that constitutes a change in placement.
5. During any period of expulsion, or suspension of greater than ten (10) days per school year, the Administration shall provide the student with an alternative education program in accordance with the provisions of the IDEA.
6. When determining whether to recommend an expulsion or a suspension that constitutes a change in placement, the responsible administrator (or designee) should consider the nature of the misconduct and any relevant educational records of the student.

3. Removal of Special Education Students for Certain Offenses

1. A responsible administrator may remove a student eligible for special education under the IDEA to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the student:

1. Was in possession of a dangerous weapon, as defined in 18 U.S.C. 930(g)(2), as amended from time to time, on school grounds, on school transportation, or at a school-sponsored activity, or
2. Knowingly possessed or used illegal drugs or sold or solicited the sale of a controlled substance while at school, on school transportation, or at a school-sponsored activity; or
3. Has inflicted serious bodily injury upon another person while at school, on school premises, on school transportation, or at a school function.

2. The following definitions shall be used for this subsection XII.C.:

1. Dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches in length.
2. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act, 21 U.S.C. 812(c).
3. Illegal drug means a controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.
4. Serious bodily injury means a bodily injury which involves: (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

14. Procedures Governing Expulsions for Students Identified as Eligible under Section 504 

1. Except as provided in subsection B below, notwithstanding any provision to the contrary, if the Administration recommends for expulsion a student identified as eligible for educational accommodations under Section 504 who has violated any rule or code of conduct of the District that applies to all students, the following procedures shall apply:

1. The parents of the student must be notified of the decision to recommend the student for expulsion.
2. The District shall immediately convene the student’s Section 504 team (“504 team”) for the purpose of reviewing the relationship between the student’s disability and the behavior that led to the recommendation for expulsion.  The 504 team will determine whether the student’s behavior was a manifestation of the student’s disability.
3. If the 504 team finds that the behavior was a manifestation of the student’s disability, the Administration shall not proceed with the recommended expulsion.
4. If the 504 team finds that the behavior was not a manifestation of the student's disability, the Administration may proceed with the recommended expulsion.
5. The Board may take disciplinary action for violations pertaining to the use or possession of illegal drugs or alcohol against any student with a disability who currently is engaging in the illegal use of drugs or alcohol to the same extent that such disciplinary action is taken against nondisabled students.  Thus, when a student with a disability is recommended for expulsion based solely on the illegal use or possession of drugs or alcohol, the 504 team shall not be required to meet to review the relationship between the student’s disability and the behavior that led to the recommendation for expulsion.

15. Procedures Governing Expulsions for Students Placed in Juvenile Detention Center

1. Any student who commits an expellable offense and is subsequently placed in a juvenile detention center or any other residential placement for such offense may be expelled by the Board in accordance with the provisions of this section. The period of expulsion shall run concurrently with the period of placement in a juvenile detention center or other residential placement.
2. If a student who committed an expellable offense seeks to return to the District after participating in a diversionary program or having been placed in a juvenile detention center or any other residential placement and such student has not been expelled by the Board for such offense under subdivision (A) of this subsection, the Board shall allow such student to return and may not expel the student for additional time for such offense.

16. Early Readmission to School

An expelled student may apply for early readmission to school.  The Board delegates the authority to make decisions on readmission requests to the Superintendent.  Students desiring readmission to school shall direct such readmission requests to the Superintendent.  The Superintendent has the discretion to approve or deny such readmission requests, and may condition readmission on specified criteria.

17. Dissemination of Policy

The District shall, at the beginning of each school year and at such other times as it may deem appropriate, provide for an effective means of informing all students, parent(s) and/or guardian(s) of this policy.

18. Compliance with Documentation and Reporting Requirements

1. The District shall include on all disciplinary reports the individual student’s state-assigned student identifier (SASID).
2. The District shall report all suspensions and expulsions to the State Department of Education.
3. If the Board expels a student for sale or distribution of a controlled substance, as defined in Conn. Gen. Stat. § 21a-240(9), whose manufacture, distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is the subject to criminal penalties under Conn. Gen. Stat. §§ 21a-277 and 21a-278, the District shall refer such student to an appropriate state or local agency for rehabilitation, intervention or job training and inform the agency of its action.
4. If the Board expels a student for possession of a firearm, as defined in 18 U.S.C. § 921, or deadly weapon, dangerous instrument or martial arts weapon, as defined in Conn. Gen. Stat. § 53a-3, the District shall report the violation to the local police.

Legal Reference:

Conn. Gen. Stat. § 10-15c

Conn. Gen. Stat. § 10-16

Conn. Gen. Stat. §10-74j

Conn. Gen. Stat. §§ 4-176e through 4-180a and § 4-181a

Conn. Gen. Stat. § 10-222aa through 10-222kk

Conn. Gen. Stat. §§ 10-233a through 10-233f

Conn. Gen. Stat. § 10-233l

Conn. Gen. Stat. § 10-236c

Conn. Gen. Stat. § 10-253

Conn. Gen. Stat. § 19a-342a

Conn. Gen. Stat. § 21a-240

Conn. Gen. Stat. §21a-277

Conn. Gen. Stat. §21a-278

Conn. Gen. Stat. §§ 21a-408a through 408p

Conn. Gen. Stat. §29-35

Conn. Gen. Stat. § 29-38

Conn. Gen. Stat. § 46a-58

Conn. Gen. Stat. § 53a-3

Conn. Gen. Stat. § 53-206

Conn. Gen. Stat. §53-344

Conn. Gen. Stat. § 53-344b

Public Act 25-168, Sec. 261, “An Act Concerning the State Budget for the Biennium Ending June 30, 2027, and Making Appropriations Therefor, and Provisions Related to Revenue and Other Items Implementing the State Budget.”

Public Act No. 25-93, “An Act Increasing Resources for Students, Schools and Special Education.”

Public Act No. 25-139, “An Act Concerning Human Trafficking and Sexual Assault Victims.”

Packer v. Board of Educ. of the Town of Thomaston, 717 A.2d 117 (Conn. 1998).

State v. Hardy, 896 A.2d 755 (Conn. 2006).

State v. Guzman, 955 A.2d 72 (Conn. App. Ct. 2008).

Connecticut State Department of Education, Standards for Educational Opportunities for Students Who Have Been Expelled, adopted January 3, 2018.

Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004, Pub. L. 108-446.

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.

18 U.S.C. § 921 (definition of “firearm”)

18 U.S.C. § 930(g)(2) (definition of “dangerous weapon”)

18 U.S.C. § 1365(h)(3) (identifying “serious bodily injury”)

21 U.S.C. § 812(c) (identifying “controlled substances”)

34 C.F.R. § 300.530 (defining “illegal drugs”)

Gun-Free Schools Act, 20 U.S.C. § 7961

Honig v. Doe, 484 U.S. 305 (1988)

U.S. Department of Education Office for Civil Rights, U.S. Department of Justice Civil Rights Division, Resource on Confronting Racial Discrimination in Student Discipline (May 2023)

Take It Down Act, Public L. 119-12

McKinney Vento Homeless Assistance Act, 42 U.S.C. § 11343a

 

Policy adopted: August 17, 1992

Policy revised: September 19, 1994

Policy revised: August 21, 1995

Policy revised: November 17, 1997

Policy revised: October 19, 1998

Policy revised: July 10, 2006

Policy revised: October 3, 2006

Policy revised: December 6, 2010

Policy revised: December 5, 2011

Policy revised: November 2, 2015

Policy revised: August 19, 2019

Policy revised: November 18, 2019

Policy revised: March 21, 2022

Policy revised: December 4, 2023

Policy revised: May 6, 2024

Policy revised: December 2, 2024

Policy revised: February 2, 2026

5114 Regulation

It is the policy of the Clinton Board of Education (the “Board”) to promote the health and well-being of district students by encouraging healthy lifestyles and mental health wellness including promoting physical exercise, activity and play as part of the school day within the Clinton Public Schools (the “District”).

For purposes of this policy, a “school employee” is defined as (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraeducator or coach employed by the Board or working in the district schools, or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in the district schools pursuant to a contract with the Board.

For purposes of this policy, “recess” means the time during the regular school day for each student enrolled in elementary school that is devoted to physical exercise of not less than twenty minutes in total pursuant to Conn. Gen. Stat. § 10-221o.

1. Deprivation of Recess or Undirected Play Period as a Form of Discipline

For elementary school students, the Board includes a time of not less than twenty (20) minutes in total, during the regular school day, for recess, except that a planning and placement team (“PPT”) may develop a different schedule for students requiring special education and related services.

The administration may include additional time, beyond the twenty (20) minutes required for recess, devoted to undirected play during the regular school day for elementary school students.

In an effort to promote physical exercise and undirected play, the Board prohibits school employees from disciplining elementary school students by preventing them from participating in the full twenty (20) minutes of recess or additional time devoted to undirected play during the regular school day, except in accordance with this policy or as determined by a student’s Section 504 team or PPT.

1. Recess Period

School employees may prevent or otherwise restrict a student from participating in the entire time devoted to recess as a form of discipline only under the following circumstances:

1. When a student poses a danger to the health or safety of other students or school personnel; or
2. If there are two or more periods devoted to recess in a school day, then when the prevention or restriction of recess is limited to the period devoted to recess that is the shortest in duration, provided that the student still participates in at least twenty (20) minutes of recess in a school day.

School employees may prevent or restrict a student from participating in the entire time devoted to recess as a form of discipline, in accordance with this policy, only one time during a school week, unless the student is a danger to the health or safety of other students or school personnel.

School employees may not prevent or restrict a student from participating in the entire time devoted to recess if such prevention or restriction is related to the student’s failure to complete school work on time or to the student’s academic performance.

This policy distinguishes between a) discipline that is imposed before recess begins and b) discipline imposed during recess or methods used to redirect a student’s behavior during recess. School personnel may impose discipline during recess as a result of student’s behavior during recess, if such discipline is in accordance with Board policies and procedures. School personnel may also use methods to redirect a student’s behavior, in the event such behavior warrants redirection, during recess. For clarity, the prohibition against preventing or restricting a student’s participation in the time devoted to recess shall apply to student conduct that occurs prior to recess, rather than during the recess time.

2. Undirected Play Period

School employees may not discipline elementary school students by preventing them from participating in the full time devoted to undirected play, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

2. Play-Based Learning Requirements for Pre-Kindergarten to Grade Five

Effective July 1, 2024, the Board directs the District administration to 1) provide for play-based learning during the instructional time of each regular school day for all students in kindergarten and any preschool program operated by the Board; and 2) permit a teacher to utilize play-based learning during the instructional time of the regular school day for all students in grades one to five, inclusive.

1. Definitions for Section II​​​​​​​

1. “Free play” means unstructured, voluntary, child-initiated activities that are performed by a child for self-amusement and have behavioral, social and psychomotor rewards, except free play may be structured to promote activities that are child-directed, joyful and spontaneous.
2. “Guided play” means learning experiences that combine the child-directed nature of free play with a focus on learning outcomes and adult guidance.
3. “Play-based learning” means a pedagogical approach that emphasizes play in promoting learning and includes developmentally appropriate strategies that can be integrated with existing learning standards. Play-based learning does not mean time spent in recess or as part of a physical education course or instruction.
4. “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.
5. “Instructional time” means the time of actual school work during a regular school day.

2. Play-Based Learning Requirements for Pre-Kindergarten and Kindergarten

Play-based learning shall be provided during the instructional time of each regular school day for all students in kindergarten and any preschool program operated by the Board. Such play-based learning shall:

1. be incorporated and integrated into daily practice;
2. allow for the needs of such students to be met through free play, guided play and games; and
3. be predominantly free from the use of mobile electronic devices.

3. Play-Based Learning Requirements for Grades One to Five, Inclusive

The Board permits teachers to utilize play-based learning during the instructional time of a regular school day for all students in grades one to five, inclusive. Such play-based learning:

1. may be incorporated and integrated into daily practice;
2. shall allow for the needs of such students to be met through free play, guided play and games; and
3. shall be predominantly free from the use of mobile electronic devices​​​​​​​

4. Play-Based Learning for Students with IEPs or Section 504 Plans

Any play-based learning utilized shall comply with a student’s individualized education program (“IEP”) or Section 504 plan.

5. Deprivation of Play-Based Learning as a Form of Discipline

School employees may not discipline elementary school students by preventing them from participating in the full time devoted to play-based learning, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

3. Prohibition on Compulsion of Physical Activity as a Form of Discipline

For all students, the Board prohibits school employees from disciplining students by requiring students to engage in physical activity as a form of discipline during the regular school day.

4. Disciplinary Action for Failure to Follow Policy

Any employee who fails to comply with the requirements of this policy may be subject to discipline, up to and including termination of employment.  Any contracted individual who provides services to or on behalf of students enrolled in the district and who fails to comply with the requirements of this policy may be subject to having the individual’s contract for services suspended by the district.

Legal Reference:

Conn. Gen. Stat. § 10-221a

Conn. Gen. Stat. § 10-221u

​​​​​​​Public Act No. 23-159, “An Act Concerning Teachers and Paraeducators”

Public Act No. 23-101, “An Act Concerning the Mental, Physical and Emotional Wellness of Children”

Policy adopted: August 19, 2019

Policy revised: November 18, 2019

Policy revised: February 6, 2023

Policy revised: March 18, 2024

 

Upon written parental request, nonresident students may be allowed by the Superintendent of Schools to attend Clinton Public Schools without tuition under one or more of the following conditions:

1. A family moves from the district and a child may complete that marking period, regardless of when the family moves from town.​​​​​​​
2. A family residing outside of the district has firm plans to move into the school district within an appropriate amount of time as determined by the Superintendent.
3. A fourth grade, eighth grade, or twelfth grade student wishes to complete the remainder of the school year in Clinton.
4. Children reside temporarily within the district as a result of a family change or children attending Clinton Public Schools reside temporarily outside of the district because of a family change.  Approval under this section shall not exceed three (3) calendar months; if subsequent approval is necessary, it shall be considered on information available at that time.

Students placed outside the district for special education reasons are not covered by 1 through 4 above.  If necessary, the Superintendent shall consider such situations individually.

Parents/guardians are responsible for transportation to and from school. 

Exchange Students

No tuition is required for foreign students living within the district under the American Field Service Program or under other programs or circumstances approved by the Clinton Board of Education.

Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

Nonresident Attendance with Tuition

Nonresident students who do not meet one or more criteria under previous sections of this policy may attend Clinton Public Schools only with tuition payment.  The Superintendent may approve nonresident student attendance with tuition if class size and other considerations permit, and shall notify the Board of Education of all tuition approvals.  Nonresident approval with tuition shall be for one (1) school year or less.  

Tuition rates for regular education shall be established by the Board annually and shall be equal to the most recent available Net Current Expenditures per Pupil (NCEP).  Any special services necessary for student programming will be billed at an additional cost as determined by the Superintendent of Schools.

Attendance by a nonresident tuition student may be terminated by Board of Education action, upon recommendation of the Superintendent, if the Board deems such termination in the best interest of the Clinton Public Schools. An adjustment of tuition on a pro-rata basis will be made in this instance.

Parents/guardians are responsible for transportation to and from school.

Evidence of Residency

The Superintendent or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or student eighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such student's may not be entitled to attend school in Clinton. An affidavit may require a statement or statements with documentation that there is bona fide student residence in Clinton, that the residence is intended to be permanent, that is provided without pay, and that is not for the sole purpose of obtaining school accommodations.

Removal of Nonresident Student from Clinton Public Schools

If after a careful review of affidavits and other available evidence, the Superintendent or his/her designee believes a student is not entitled to attend Clinton Public Schools, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend Clinton schools, and the Superintendent shall notify the Board of Education (if known) where the child should attend school.  If after review Clinton residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be so informed.

If a student is removed from a Clinton school for residency reasons the Superintendent or his/her designee shall: (1) inform the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of hearing rights before the Board of Education and that the student(s) may continue in Clinton Schools pending a hearing before the Board of Education if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older; (2) that upon request a transcript of the hearing will be provided; (3) that a local Board of Education decision may be appealed to the State Board and that the student(s) may continue in Clinton schools pending hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older; and (4) that if the appeal to the State Board of Education is lost, a per diem tuition will be assessed for each day a student attended Clinton Public Schools when not eligible to attend.

Board of Education Hearing

Upon written request, the Board of Education shall provide a hearing within ten (10) days after receipt of a written request. If there is a hearing, the Board shall make a recording of the hearing, make a decision on student eligibility to attend Clinton Public Schools within ten (10) days after the hearing, and shall notify the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings. Hearings shall be conducted in accordance with the provisions of sections 4-176e to 4-180a, inclusive, and section 4-181a.

The Board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.

Legal Reference:

​​​​​​​Conn. Gen. Stat. § 10-186

Policy adopted: June 15, 1992

Policy revised: August 19, 2019

 

In accordance with federal law, it is the policy of the Clinton Board of Education (the “Board”) to prohibit discrimination against, segregation of, or stigmatization of, homeless children and youth.  The Board authorizes the Administration to establish regulations setting forth procedures necessary to implement the requirements of law with respect to homeless children and youth.  In the event of conflict between federal and/or state law and these administrative regulations, the provisions of law shall control.

Legal Reference:

Public Act 19-179, An Act Concerning Access Homeless Students’ to Education

10-186 Duties of local and regional boards of education re school attendance.  Hearings.  Appeals to state board.  Establishment of hearing board.  Readmission.  Transfers.

10-253 School privileges for children in certain placements, non-resident children and children in temporary shelters, homeless children and children in juvenile residential centers. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems.

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. 114-95. 

Policy adopted: February 3, 2008

Policy revised: February 5, 2018

Policy revised: August 19, 2019

Policy revised: November 4, 2019

Policy revised: January 6, 2025

5119 Regulation​​​​​​​

In accordance with Conn. Gen. Stat. Section 10-230(c), the Board of Education shall ensure that a period of time is set aside each school day to allow those students who wish to do so the opportunity to recite the Pledge of Allegiance.  This policy shall not be construed to require any person to recite the Pledge of Allegiance, should he or she choose not to do so.  If a student chooses to not receipt the Pledge of Allegiance, the student will remain silent while either sitting or standing.

Legal Reference:

​​​​​​​Conn. Gen. Stat. § 10-230

Policy adopted: September 3, 2002

Policy revised: August 19, 2019

 

The building Principal shall have the responsibility and the authority for assignment of each student to her/his class and, therefore, her/his teacher with the best interests of the child in mind. If concerns exist, the parent(s) is/are encouraged to communicate in writing with the Principal or designee in the spring prior to classroom assignments concerning the student's learning style and particular needs, personal or educational. Principals will not take requests to place students with particular teachers and will make the final determination in placing all students.

Policy adopted: November 6, 2000

Policy revised: August 19, 2019

 

1. Policy

The Board of Education (“Board”) complies with the state and federal laws and regulations regarding confidentiality, access to and amendment of education records maintained by the Clinton Public Schools (the “District”).  The Board shall implement procedures that protect the privacy of parents and students while providing proper access to education records.  Availability of these procedures shall be made known annually to parents of students currently in attendance and eligible students currently in attendance.

2. Definitions

1. Access is defined as the right to inspect or review a student’s education records or any part thereof.  Access may include the right to receive copies of records under limited circumstances.
2. Authorized representative means any entity or individual designated by the Board, a State educational authority, or an agency headed by an official listed in 34 C.F.R. § 99.31(a)(3), to conduct -- with respect to Federal- or State-supported education programs -- any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.
3. Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual, such as fingerprints, retina and iris patterns, voiceprints, DNA sequence; facial characteristics and handwriting.
4. De-identified education records means education records or information from education records from which all personally identifiable information has been removed, and for which the District has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
5. Directory Information includes information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.  Directory information includes, but is not limited to, the parent’s name, address and/or e-mail address; the student’s name, address, telephone number, e-mail address, photographic, computer and/or video images, date and place of birth, major field(s) of study, grade level, enrollment status (full-time; part-time), participation in school-sponsored activities or athletics, weight and height (if the student is a member of an athletic team), dates of attendance, degrees, honors and awards received, the most recent previous school(s) attended, and student identification numbers for the limited purposes of displaying a student identification card.  The student identification number, however, will not be the only identifier used when obtaining access to education records or data.  Directory information does not include a student’s social security number, student identification number or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems unless the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN or password.
6. Disciplinary action or proceeding means the investigation, adjudication or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of internal rules of conduct applicable to students.
7. Disclosure means to permit access to or to release, transfer, or other communication of personally identifiable information as contained in education records by any means, including oral, written or electronic means, to any party except the party identified as the party that provided or created the record.
8. Education Records

1. Education records means any information directly related to a student that is recorded in any manner (e.g., handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche) and that is maintained by the District or persons acting for the District.
2. Education records do not include:

1. private, personal, or working notes in the sole possession of the maker thereof, and which are not accessible or revealed to any other individual except a “substitute”;
2. records maintained by a law enforcement unit of the District that were created by that unit for the purpose of law enforcement;
3. employment records used only in relation to the student’s employment by the District that are 1) made and maintained in the normal course of business, 2) relate exclusively to the student’s capacity as an employee, and 3) are not made available for any other purpose;
4. records on an eligible student (i.e. over 18 or attending a postsecondary educational institution) that are considered “treatment records” as they meet the following criteria: 1) the records are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraeducator acting in a professional capacity or assisting in a paraeducator capacity, 2)  the records are made in connection with the treatment of the student and 3) the records are disclosed only to individuals providing such treatment (treatment does not include remedial educational activities or activities that are part of the program or instruction of the District); however, the school district must, upon request, permit an eligible student to have a physician or other appropriate professional of the student’s choice review their treatment records;
5. records created or received by the District after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student; and
6. grades on peer-graded papers before they are collected and recorded by a teacher.

9. Eligible Student is a student or former student who has reached 18 years of age or is attending an institution of post-secondary education or is an emancipated minor.
10. Legitimate Educational Interest means the need for a school official to review an education record in order to fulfill their professional responsibilities.  The District’s Title IX Coordinator has a legitimate educational interest when performing the functions of their professional duties.
11. Parent is defined as a parent or parents of a student, including a natural parent, a guardian, or surrogate parent, or an individual acting as a parent in the absence of a parent or guardian.  The rights of a parent shall transfer to an eligible student; however, a parent of a student who claims that student as a dependent under Section 152 of the Internal Revenue Code of 1986 may receive access to the student’s education records without the eligible student’s consent.
12. Personally Identifiable Information includes, but is not limited to, the student’s name; the name of the student’s parent or other family members; the address of the student or the student’s family; a personal identifier, such as the student’s social security number, student number or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth, and parent’s maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.
13. School Official is a person employed by the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); the District’s Title IX Coordinator; a person serving on the Board of Education; a volunteer, contractor or consultant or other party who performs an institutional service or function for the District (such as an attorney, auditor, medical consultant, therapist, or school resource officer); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student or other volunteer assisting another school official in performing the school official’s tasks.
14. Signed and Dated Written Consent to disclose personally identifiable student information from a student’s education records must specify the records to be disclosed, the purpose of disclosure and the party to whom such records should be provided.  Consent may include a record and signature in electronic form provided that the consent identifies and authenticates a particular person as the source of electronic consent.

3. Annual Notification of Rights / Release of Directory Information

1. On an annual basis, the District will notify parents and/or eligible students currently in attendance of their rights regarding a student’s education records.  This notice will be published in all student handbooks in the District and will also be published in the District’s guide to Special Services and will be published in any other manner “reasonably likely” to inform such parents and eligible students of their rights.  The District will take steps designed to ensure that parents or eligible students whose primary or home language is not English or who are disabled will also be notified of their rights regarding a student’s education records.
2. On an annual basis, the District will also notify parents and/or eligible students currently in attendance of any categories of information designated as directory information.  This notice will provide such individuals with an opportunity to object to such disclosure.  An objection to the disclosure of directory information shall be good for only one school year.  Parents and/or eligible students may not use the right to opt out of directory information disclosures to prohibit the District from requiring students to wear or display a student identification card.
3. In the annual notification, the District will also provide notice to parents and/or eligible students that the District is legally obligated to provide military recruiters, institutions of higher education, or school choice programs, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing.  Such objection must be in writing and shall be effective for one school year.

4. Confidentiality of Education Records

1. All school officials are directed to maintain the confidentiality of personally identifiable information contained in a student’s education records.  Each person who has access to education records is responsible for ensuring personally identifiable information is protected from disclosure at collection, storage, disclosure, and destruction stages.  Disclosure of information is permitted only in accordance with Board policy and administrative regulations and in a manner consistent with state and federal law.
2. Education records are not public records and any disclosure other than to persons authorized to receive the records without prior consent of a parent or an eligible student violates the law and Board policy, except as provided in federal and state statutes.
3. The District shall use reasonable methods, including administrative policies and procedures, as well as physical and technological access controls, designed to ensure that school officials obtain access to only those education records in which they have a legitimate educational interest.
4. The District shall use reasonable methods designed to identify and authenticate the identity of parents, students, school officials and other parties to whom the District discloses personally identifiable information from education records.
5. The District shall require contractors and other outside agencies with access to education records to certify their compliance with the confidentiality requirements of this policy, as well as applicable state and federal law.

5. Access to Education Records

1. Parents and/or an eligible student have the right to inspect and review all education records of the student unless such rights have been waived under Article XI, below.  Parents’ rights of inspection and review are restricted to information dealing with their own child.  In the case of an eligible student, the right to inspect and review is restricted to information concerning the student.  All requests for access to education records must be in writing.
2. When submitting a written request to inspect or review education records, the request must identify the record or records being sought.  The District will notify the parent or eligible student of the date, time, and location where the records may be inspected and reviewed.
3. The parents or eligible students may designate in writing a representative to inspect and review the records.  Consent for disclosure of education records to a designated representative must be signed and dated by the parent or eligible student.
4. A school professional shall be present at all such inspections and reviews and shall respond to reasonable requests for explanations and interpretations of the records.
5. For the records of regular education students, the Board will make education records available for inspection and review by parents or eligible students within a reasonable period of time, but in any event, no more than forty-five (45) calendar days from the receipt of a written request.
6. For students requiring special education, the Board will comply with a request to review and inspect the child’s education records without unnecessary delay and before any meeting regarding an IEP or any due process hearing or resolution session held in accordance with the IDEA; otherwise, the Board will comply with such request not later than ten (10) school days of such request.
7. Parents of students eligible to receive special education and related services (or the eligible student) have the right to receive one free copy of their child’s (the eligible student’s) education records.  The request for the free copy must be in writing and the Board will comply with the written request within ten (10) school days of the request.  Notwithstanding the fact that a test instrument or portion of a test instrument may meet the criteria of an “education record” under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, any test instrument or portion of a test instrument for which the test manufacturer asserts a proprietary or copyright interest in the instrument shall not be copied. The parent or eligible student retains the right to review and inspect such information and the Board shall respond to reasonable requests from the parent or eligible student for explanations and interpretations of the student’s education record, which may include reviewing copyrighted testing instruments.
8. Aside from a parent or eligible student, staff members, school employees and other school officials may access a student’s education records only if they have been determined by the District to have a legitimate educational interest in accessing the information contained in such records.  Disclosures to any other parties, may only be made in accordance with the exemptions and provisions set forth in Article VII, below.
9. Pursuant to the procedures set forth in Article VI, below, the District maintains a record of all parties that have requested access to education records, including access to education records found in computer memory banks.
10. Non-Custodial Parents

1. Divorced Parents

A parent does not lose the right to access to education records upon divorce.  Non-custodial parents retain their rights to review their child’s education records unless the District has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes the non-custodial parent’s rights.  School notices shall be mailed to the non-custodial parent/guardian requesting the notices at the same time that they are provided to the custodial parent/guardian.  Any requests by the non-custodial parent/guardian to receive school notices shall be effective for as long as the child remains in the school the student is attending at the time of the request.

2. Incarcerated Parents

Nothing in this Policy shall be construed to limit a parent who is incarcerated from being entitled to knowledge of and access to all educational, medical, or similar records maintained in the cumulative record of any minor student of such incarcerated parent, except that such incarcerated parent shall not be entitled to such records if:

1. such information is considered privileged under Conn. Gen. Stat. § 10-154a, regarding a communication made privately and in confidence by a student to a professional employee in the course of the professional employee’s employment concerning alcohol or drug abuse or any alcoholic or drug problem of such student;
2. such incarcerated parent has been convicted in Connecticut or any other state of sexual assault in violation of Conn. Gen. Stat. §§ 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b, or 53a-73a; or
3. such incarcerated parent is prohibited from knowledge of or access to such student’s cumulative record pursuant to a court order.

11. Unaccompanied Youth

Notwithstanding anything in this Policy to the contrary, an unaccompanied youth shall be entitled to knowledge of and have access to all educational, medical or similar records in the cumulative record of such unaccompanied youth maintained by the District.  For the purposes of this provision, the term “unaccompanied youth” shall mean a homeless child or youth not in the physical custody of a parent or guardian.

12. Copies of Education Records/Fees

1. The District cannot charge a fee to search for or to retrieve the education records of a student.  As noted above, if a student has been identified as requiring special education and related services, the parents’ (or eligible student’s) right to inspect and review the student’s records shall include the right to receive one free copy of those records.  The request for the free copy shall be made in writing.  The Board shall comply with such request as stated above.  A charge will be levied for additional copies; in no case will the charge exceed 50¢ per page.
2. In addition to the provision above regarding special education students, if circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student’s education records, the District shall:

1. provide the parent or eligible student with a copy of the records requested, or
2. make other arrangements for the parent or eligible student to inspect and review the requested records.

6. Record Keeping Requirements/Documentation of Access to Education Records

1. The District will appoint an individual to be responsible for the care and upkeep of all education records.  Education records are kept by categories, each of which encompasses a specific type of data collected during a student’s educational career.  These categories also determine how long the District must maintain the records.  The District will provide to parents, on request, a list of the categories and locations of education records collected, maintained, or used by the District.
2. Except as provided below, a record (log) will be kept documenting each request for, and disclosure of, personally identifiable information from the education records of each student, including information found in computer memory banks. The record log shall contain:

1. the name of any individual, agency, or organization that requested or obtained access to the student’s records;
2. the date of the request for access;
3. whether access was given;
4. the purpose for which the party was granted access to the records;
5. the names of additional parties to whom the receiving party may disclose the information on behalf of the District; and
6. the legitimate educational interest in obtaining the information.

3. The record (log) requirement does not apply to requests from, or disclosure to:

1. a parent or eligible student;
2. a party seeking directory information;
3. a party who has a signed and dated written consent from the parent and/or eligible student;
4. school officials from the school district in which the student is currently enrolled who have a legitimate educational interest in the information contained in the student’s record; or
5. persons seeking or receiving the information as directed by a Federal grand jury, other law enforcement subpoena, or ex parte order of the Attorney General of the United States (provided that the information requested is not to be redisclosed).

4. The record (log) is a permanent part of the student’s education records and must be available to the parent or eligible student upon request.
5. If the District makes a release of education records without consent in a health and safety emergency, the district must record:

1. the articulable and significant threat to the health and safety of a student or other individuals that formed the basis for disclosure; and
2. the parties to whom the District disclosed the information.

7. The Release of Records or Personally Identifiable Information

1. The District or its designated agent(s) may not permit release of education records or any information from such records that contain personally identifiable student information to any outside individual, agency, or organization without the signed and dated written consent of the parents or eligible student, except as indicated in Article VII.C below.  Personally identifiable information contained in the education record, other than directory information, will not be furnished in any form (i.e., written, taped, video or audio recorded, person-to-person, statement over the telephone, on computer disk, e-mailed or electronic message, etc.) to any person other than those listed below, unless prior written consent has been obtained.
2. To be effective, the written consent must be signed and dated and must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made.
3. Personally identifiable information may be released without consent of the parents, or the eligible student, only if the disclosure meets one of the criteria set forth below:

1. School Officials

1. The disclosure is to other school officials within the District, including teachers, who have been determined by the District to have legitimate educational interests in the education records.
2. A contractor, consultant, volunteer, or other party to whom the District has outsourced institutional services or functions, provided that the party:

1. performs an institutional service or function for which the District would otherwise use employees;
2. is under the direct control of the District with respect to the use and maintenance of education records; and
3. is subject to the requirements of FERPA with respect to the use and redisclosure of personally identifiable information from education records.

3. The Board shall comply with the below Section I of this Article VII prior to the provision of student records, student information or student-generated content to any school official who is a consultant or operator, as those terms are defined in Section I.

2. Transfer Students

1. The disclosure is to officials of another school, including other public schools, charter schools, and post-secondary institutions, in which the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.  Disclosure of personally identifiable information will be made only upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record pursuant to Article X.
2. When a student enrolls in a new public school district (including public charter school), the receiving school district must send written notice of such enrollment to the school the student previously attended not later than two (2) business days after the student enrolls.  Not later than ten (10) days after receipt of such notice, the sending school shall transfer the student’s records to the new school district.
3. Upon notification by the Department of Children and Families (“DCF”_ of a decision to change the school placement for a student attending District schools who is placed in out-of-home care by DCF pursuant to an order of temporary custody or an order of commitment, in accordance with Section 46b-129 of the Connecticut General Statutes, the Board shall transmit to the receiving school, not later than one (1) business day after receipt of such notification from DCF, all essential education records for the student, including, but not limited to, the student’s individualized education program (“IEP”) and behavioral intervention plan, if any, and all documents necessary for the receiving school to determine appropriate class placement and to provide educational services. The Board shall transfer nonessential records to the receiving school in accordance with subsection b) above.

3. The disclosure is to authorized representatives of the U.S. Comptroller, the U.S. Attorney General, the U.S. Secretary of Education, or State or local educational authorities.  Disclosures of this nature may be made only in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with the Federal legal requirements that related to these programs.  These entities may make further disclosures of personally identifiable information that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met.
4. The disclosure is made in connection with a student’s application for, or receipt of, financial aid, if such information is necessary to determine eligibility for, the amount of, or the conditions for financial aid, or to enforce the terms and conditions of financial aid.
5. The disclosure is to state and local officials or authorities within the juvenile justice system as long as the officials and authorities to whom the records are disclosed certify in writing to the District that (a) the information is required by the court, and (b) will not be disclosed to any other party without the prior, written consent of the parent of the student, except as provided under state law.  Disclosure shall be permitted for information relating to the student’s school attendance, adjustment and behavior, as well as the student’s IEP and related documents if the student receives special education services.  If a student is placed on probation by the juvenile court, school officials may issue their own recommendation concerning the conditions of the student’s probation.
6. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction, so long as:

1. the study does not permit personal identification of parents or students by individuals other than representatives of the organization,
2. the information is destroyed after it is no longer needed for the purposes for which the study was conducted, and
3. the Board enters into a written agreement with the organization conducting the study that satisfies the requirements of 34 C.F.R. § 99.31(a)(6).

7. The disclosure is to accrediting organizations in order to carry out their accrediting functions.
8. The disclosure is to parents of an eligible student who claim that student as a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.
9. The disclosure is to comply with a judicial order or lawfully issued subpoena, provided that the educational agency makes a reasonable effort to notify the parent or the eligible student in advance of compliance, unless such disclosure is in compliance with:

1. a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
2. any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
3. an ex parte order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning the investigation or prosecution of terrorism crimes specified in 18 U.S.C. §§ 2231 and 2332b(g)(5)(B).

10. If the District initiates legal action against a parent or student, the District may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the District to proceed with the legal action as plaintiff.
11. If a parent or eligible student initiates legal action against the District, the District may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the District to defend itself.
12. The disclosure is to appropriate parties, including parents of an eligible student, in connection with a health and safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.  In making a determination regarding the disclosure of education records without consent in a health and safety emergency, the District may take into account the totality of the circumstances pertaining to the threat to the health or safety of a student or other individuals.  If the District reasonably determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, provided, however, that the District record such disclosure in accordance with Article VI. D, above.
13. The disclosure is to the parent of a student who is under 18 years of age or to the student.
14. The disclosure concerns sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071, and the information was provided to the District under 42 U.S.C. § 14071 and applicable federal guidelines.
15. The disclosure is to the Secretary of Agriculture or an authorized representative from the Food and Nutrition Service, or contractors acting on its behalf, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational and other agencies and institutions receiving funding or providing benefits of one or more federal meal or nutrition programs in order to report aggregate results that do not identify any individual.  Such disclosures may only be made if:

1. the data collected will be protected to prevent the personal identification of students and their parents by other than the authorized representatives of the Secretary of Agriculture, and
2. any personally identifiable data will be destroyed when they are no longer needed for program monitoring, evaluations, and performance measurements.

16. The disclosure is to an agency caseworker or other representative of the DCF or other child welfare agency or tribal organization who has the right to access a student’s case plan when the agency or organization is legally responsible for the care and protection of the student.  The agency or organization may not disclose the education records or personally identifiable information contained in such records, except to an individual or entity engaged in addressing the student’s educational needs and authorized by the agency or organization to receive such disclosure.  Any disclosures made by the agency or organization must comply with applicable confidentiality laws for student education records.

4. Directory Information

The District will notify parents (of students currently enrolled within the District) or eligible students (currently enrolled in the District) annually of any categories of information designated as directory information.  This notice will provide such individuals with an opportunity to object to such disclosure.  An objection to the disclosure of directory information shall be good for only one school year.

1. School districts are legally obligated to provide military recruiters or institutions of higher education, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing.  Such objection must be in writing and shall be effective for one school year.
2. In all other circumstances, information designated as directory information will not be released when requested by a third party unless the release of such information is determined by the administration to be in the educational interest of the District and is consistent with the District’s obligations under both state and federal law.
3. The District may disclose directory information about students after they are no longer enrolled in the District.  Notwithstanding the foregoing, the District will continue to honor any valid objection to the disclosure of directory information made while a student was in attendance unless the student rescinds the objection.
4. An objection to the disclosure of directory information shall not prevent the District from disclosing or requiring a student to disclose the student’s name, identified or institutional email address in a class in which the student is enrolled.  Parents and/or eligible students may not use the right to opt out of directory information disclosures to prohibit the District from requiring students to wear or display a student identification card.
5. The District will not use the student’s social security number or other non-directory information alone or combined with other elements to identify or help identify the student or the student’s records.

5. De-identified Records and Information

1. The District may release education records or information from education records without the consent of a parent or eligible student after the removal of all personally identifiable information, provided that the District has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
2. The District may release de-identified education records including student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that:

1. the District does not disclose any information about how it generates and assigns a record code, or that would allow a recipient of the information to identify a student based on the record code;
2. the record code is used for no purpose other than identifying a de-identified record for the purposes of education research and cannot be used to ascertain personally identifiable information about a student; and
3. the record code is not based on a student’s social security number or other personal information.

6. Disciplinary Records

Nothing in this policy shall prevent the District from:

1. Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
2. Disclosing appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational interests in the behavior of the student.

7. In accordance with state and federal law, the District will facilitate the transfer of records of suspension and expulsion of a student to officials of any private elementary or secondary school in which the student is subsequently enrolled or seeks, intends or is instructed to enroll.
8. Records of the Department of Children and Families (“DCF”)

1. Documents related to any DCF child abuse and/or neglect investigations that are maintained by the Board are considered education records under the FERPA.  As such, they are subject to the confidentiality and disclosure requirements set forth in this policy and in corresponding provisions of state and federal law.  Such records, including records of allegations, investigations and reports made to DCF, should be kept in a confidential and central location, with restricted access and shall be disclosed only as authorized by law.  In addition to meeting the requirements under FERPA, should the Board receive a request to disclose confidential DCF records to an outside third party, the Board shall redact the name or other personally identifiable information concerning the individual suspected of being responsible for the alleged abuse and/or neglect unless the requested records are being released to the individual named in the DCF records.
2. In addition, the District shall redact the name or any personally identifiable information related to the identity of any individual responsible for making a report of alleged child abuse and/or neglect before releasing or transferring any DCF records containing such reports.

9. Except as set forth in Subsection I.5, below, the Board shall enter into a written contract with a consultant or operator any time the Board shares or provides access to student information, student records, or student-generated content with such consultant or operator.

1. The provisions of said contract shall comply with the requirements of Conn. Gen. Stat. §§ 10-234aa to 10-234dd.
2. The District shall maintain and update an Internet web site with information relating to all contracts entered into pursuant to Subsection I, above.  On or before September 1^st of each school year, the Board shall electronically notify students and the parents or legal guardians of students of the address of such Internet website.  Not later than five (5) business days after executing a contract pursuant to this subsection, the Board shall post notice of such contract on the Board’s website.  The notice shall:

1. State that the contract has been executed and the date that such contract was executed;
2. Provide a brief description of the contract and the purpose of the contract; and
3. State what student information, student records or student-generated content may be collected as a result of the contract.

3. For purposes of this subsection, upon receipt of notice of a breach of security that results in the unauthorized release, disclosure or acquisition of directory information, student information, student records or student-generated content, the Board shall electronically notify, not later than two business days after receipt of such notice, the student and the parents or guardians of the student whose information is involved in such breach.  The Board shall thereafter post notice of such breach on the Board’s Internet web site.  The Internet posting shall comply with the requirements of FERPA.  All questions and concerns relative to breach of security shall be referred to the Director of Special Services (Address: 137 B Glenwood Rd, Clinton, CT 06413; Telephone: 860-664-6500).
4. For purposes of this subsection, the following definitions are applicable:

1. Consultant means a professional who provides noninstructional services, including but not limited to, administrative, planning, analysis, statistical or research services, to the Board pursuant to a contract with the Board.
2. Operator means any person who (a) operates an Internet web site, online service or mobile application with actual knowledge that such Internet web site, online service or mobile application is used for school purposes and was designed and marketed for school purposes, to the extent it is engaged in the operation of such Internet web site, online service or mobile application, and (b) collects, maintains or uses student information.
3. School Purposes means purposes that customarily take place at the direction of a teacher or the Board, or aid in the administration of school activities, including but not limited to instruction in the classroom, administrative activities and collaboration among students, school personnel or parents or legal guardians of students.
4. Student means a person who is a resident of the state and (a) enrolled in a preschool program participating in the state-wide public school information system, pursuant to Conn. Gen. Stat. § 10-10a; (b) enrolled in grades kindergarten to twelve, inclusive, in a school under the jurisdiction of the Board; (c) receiving special education and related services under an individualized education program; or (d) otherwise the responsibility of the Board.
5. Student Information means personally identifiable information or material of a student in any media or format that is not publicly available and is any of the following:

1. Created or provided by a student or the parent or legal guardian of a student, to the operator in the course of the student, parent or legal guardian using the operator’s Internet web site, online service or mobile application for school purposes;
2. Created or provided by an employee or agent of the Board to an operator for school purposes;
3. Gathered by an operator through the operation of the operator’s Internet web site, online service or mobile application and identifies a student, including but not limited to, information in the student’s records or electronic mail account, first or last name, home address, telephone number, date of birth, electronic mail address, discipline records, test results, grades, evaluations, criminal records, medical records, health records, Social Security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious affiliations, text messages, documents, student identifiers, search activity, photographs, voice recordings, survey responses or behavioral assessments.

6. Student Record means any information directly related to a student that is maintained by the Board or any information acquired from a student through the use of educational software assigned to the student by a teacher or employee of the Board, except student record does not include de-identified student information allowed under the contract to be used by the consultant or operator to:

1. Improve educational products for adaptive learning purposes and customize student learning;
2. Demonstrate the effectiveness of the contractor’s products in the marketing of such products; and
3. Develop and improve the consultant’s or operator’s products and services.

5. Notwithstanding anything in this Subsection to the contrary, the Board may use an operator’s or consultant’s services without entering into a contract as described above, if the use of an Internet web site, online service or mobile application operated by a consultant or an operator is unique and necessary to implement a child’s individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 and such Internet website, online service or mobile application is unable to comply with the provisions of Conn. Gen. Stat. § 10-234bb, provided:

1. Such Internet web site, online service or mobile application complies with FERPA and the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time;
2. The Board can provide evidence that it has made a reasonable effort to:

1. enter into a contract with such consultant or operator to use such Internet web site, online service or mobile application, in accordance with the provisions of Conn. Gen. Stat. § 10-234bb; and
2. find an equivalent Internet web site, online service or mobile application operated by a consultant or an operator that complies with the provisions of Conn. Gen. Stat. § 10-234bb;

3. The consultant or operator complies with the provisions of Conn. Gen. Stat. § 10-234cc for such use; and
4. The parent or legal guardian of such child, and, in the case of a child with an individualized education program, a member of the planning and placement team, signs an agreement that:

1. acknowledges such parent or legal guardian is aware that such Internet web site, online service or mobile application is unable to comply with the provisions of Conn. Gen. Stat. § 10-234bb; and
2. authorizes the use of such Internet web site, online service or mobile application.

5. The Board shall, upon the request of a parent or legal guardian of a child, provide the evidence described in Subsection 5.b, above.

8. Redisclosure of Education Records

1. The District may disclose personally identifiable information from an education record only on the conditions that:

1. the party to whom the information is disclosed will not subsequently redisclose the information to any other party without the proper consent of the parent or eligible student, and
2. the officers, employees, and agents of a party that receives such information may only use the information for the purposes for which disclosure was made.

2. Notwithstanding the provisions of Section A. above, the District may disclose personally identifiable information from an education record with the understanding that the information may be redisclosed by the recipient of the information as long as prior written consent for disclosure is not required, for one of the reasons listed in Article VII, Section C. above, and at least one of the following conditions is met.

1. The record of the original disclosure includes the names of the parties to whom redisclosure is being made and the legitimate interests each such party has in requesting or obtaining the information.
2. The original disclosure was to a state or local educational authority or federal official or agency as set forth in Article VII, Section C., and such state or local educational authority or federal official or agency has complied with the requirements of 34 C.F.R. § 99.32(b)(2).
3. In the case of disclosures made pursuant to a court order or lawfully issued subpoena, the District has made a reasonable effort to notify the parent or eligible student in advance of compliance with the subpoena (except if such subpoena meets the criteria set forth above in Article VII, Section C. (10)).
4. Disclosure is made to a parent, an eligible student, or the parent of an eligible student.
5. The information is considered directory information.

3. In the event that the Student Privacy Policy Office determines that a third party outside of the District has improperly redisclosed personally identifiable information from education records in violation of FERPA, the District may not allow that third party access to personally identifiable information from education records for at least five (5) years.

9. Amendment of Education Records

1. If a parent or an eligible student believes that information in the student’s education records is inaccurate, misleading or in violation of the student’s right to privacy, the parent or eligible student is entitled to:

1. Request in writing that the District amend the records;
2. Receive within a reasonable period of time a decision from the District with respect to its decision on the amendment(s) requested by the parent or eligible student.

2. If the District decides to amend the records, the District shall promptly take such steps as may be necessary to put the decision into effect with respect to the requested amendments, and shall inform the parent or eligible student of the amendment.
3. If the District decides that an amendment of the records in accordance with the request is not warranted, it shall so inform the parent or eligible student and advise the parent or eligible student of the right to a hearing pursuant to this policy.

10. Hearing Rights and Procedures

1. Rights

1. Upon written request of a parent or eligible student to the Superintendent of Schools, an opportunity for a hearing shall be provided to challenge the content of a student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or otherwise in violation of the privacy rights of the student.
2. If, as a result of the hearing, the District decides that information contained in the education records of a student is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the records shall be amended, and the parent or eligible student shall be informed in writing.
3. If, as a result of the hearing, the District decides that information contained in the education records of a student is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the parent or eligible student shall be informed of the right to place in the student’s education records a statement commenting on the contested information or stating why the parent or eligible student disagrees with the District’s decision, or both.

1. Any statement placed in the records of the student shall be maintained by the District as part of the records of the student as long as the record or contested portion is maintained by the District.
2. If the contested portion of the education record is disclosed by the District, the statement of disagreement by the parents and/or eligible student shall also be disclosed.

2. Procedures

1. The hearing shall be held within a reasonable time after the District has received the request, unless the parent or eligible student requests a delay.
2. The parent or eligible student shall be given notice of the date, place, and time of the hearing, within a reasonable time in advance of the hearing.
3. The hearing will be conducted by a person or persons appointed by the Superintendent of Schools.  This person(s) shall be knowledgeable of the policies relating to confidentiality and shall not have a direct interest in the outcome of the hearing.
4. The parent or eligible student and the District shall have the right to be represented by person(s) of their choosing at their own expense, to cross-examine witnesses, to present evidence, and to receive a written decision of the hearing.
5. The decision reached through the hearing shall be made in writing within a reasonable period of time after the hearing.  The decision will be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

11. Waiver of Rights

1. A student who is an applicant for admission to an institution of post-secondary education or is in attendance at an institution of post-secondary education, may waive the right to inspect and review confidential letters and confidential statements of recommendations with the following limitations:

1. The student is notified, upon request, of the names of all individuals providing the letters or statements.
2. The letters or statements are used only for the purpose for which they were originally intended.
3. The waiver is not required by the District as a condition of admission to or receipt of any other service or benefit from the District.
4. The waiver is in writing and executed by the student, regardless of age, rather than by the parent.

2. A waiver may be revoked with respect to any actions occurring after the revocation.
3. Revocation of a waiver must be in writing.

12. Special Confidentiality Procedures for HIV-related Information

1. The following definitions shall apply to Article XII of this policy:

1. “Confidential HIV-related information” means any information pertaining to the protected individual or obtained pursuant to a release of confidential HIV-related information, concerning whether a person has been counseled regarding HIV infection, has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify a person as having one or more of such conditions, including information pertaining to such individual’s partners.
2. “Health Care Provider” means any physician, physician assistant, dentist, nurse, provider of services for persons with psychiatric disabilities or persons with intellectual disabilities, or other person involved in providing medical, nursing, counseling, or other health care, substance abuse or mental health service, including such services associated with, or under contract to, a health maintenance organization or medical services plan.
3. “Protected individual” means a person who has been counseled regarding HIV infection, is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.
4. “Release of confidential HIV-related information” means a written authorization for disclosure of confidential HIV-related information which is signed by the protected individual or a person authorized to consent to health care for the individual and which is dated and specifies to whom disclosure is authorized, the purpose for such disclosure and the time period during which the release is to be effective.  A general authorization for the release of medical or other information is not a release of confidential HIV-related information, unless such authorization specifically indicates its dual purpose as a general authorization and an authorization for the release of confidential HIV-related information and complies with the requirements of this subdivision.
5. “School medical personnel” means an employee of the Board who is a school nurse or the District medical adviser.

2. Confidentiality of HIV-related Information

1. All school staff must understand that no person who obtains confidential HIV-related information regarding a protected individual may disclose or be compelled to disclose such information.  Each person who has access to confidential HIV-related information is responsible for ensuring that confidential HIV-related information is protected from disclosure and/or redisclosure.
2. Confidential HIV-related information is not public information and any disclosure, other than to persons pursuant to a legally sufficient release or to persons authorized by law to receive such information without a legally sufficient release, violates the law and Board policy.

3. Accessibility of Confidential HIV-related Information

1. No school staff member who obtains confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:

1. the protected individual, the protected individual’s legal guardian or a person authorized to consent to health care for such individual;
2. any person who secures a release of confidential HIV-related information;
3. a federal, state or local health law officer when such disclosure is mandated or authorized by federal or state law;
4. a health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual;
5. a medical examiner to assist in determining cause of death; or
6. any person allowed access to such information by a court order.

4. Procedures

1. If a school staff member, other than school medical personnel, is given confidential HIV-related information regarding a protected individual who is also a student from the student’s legal guardian or the student, the school staff member shall attempt to secure a release of confidential HIV-related information for the sole purpose of disclosing such information to school medical personnel.
2. If a school medical personnel member is given confidential HIV-related information regarding a protected individual, who is also a student, by a student’s legal guardian, or by the student, and the legal guardian or the student requests accommodations to the student’s program for reasons related thereto, the school medical personnel member shall inform the legal guardian or the student, if an eligible student, that a release of confidential HIV-related information is necessary before such information may be disclosed to other educational personnel capable of assessing the need for and implementing appropriate accommodations to the student’s program.
3. Any school staff member who obtains confidential HIV-related information from a source other than the protected individual or the protected individual’s legal guardian, shall keep such information confidential and shall not disclose such information.
4. No school staff member may disclose confidential HIV-related information to other school staff members without first obtaining a release of confidential HIV-related information.
5. Any record containing confidential HIV-related information shall be maintained in a separate file, and shall not be subject to the provisions of this policy regarding accessibility of general student records.
6. If school medical personnel determine that the health and safety of the student and/or others would be threatened if a release of confidential HIV-related information is not obtained, the school medical personnel may seek a court order authorizing disclosure.  In such cases, such confidential HIV-related information may be disclosed as set forth in and subject to any limitation of such court order.

5. Disclosure Pursuant to a Release

1. Any disclosure pursuant to a release shall be accompanied by a notice in writing stating, “This information has been disclosed to you from records whose confidentiality is protected by state law.  State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law.  A general authorization for the release of medical or other information is NOT sufficient for this purpose.”
2. Oral disclosures must be accompanied or followed by the above notice within ten (10) days.
3. Except for disclosures made to a federal, state or local health officer when such disclosure is mandated or authorized by federal or state law, a notation of all disclosures shall be placed in the medical record or with any HIV-related test result of a protected individual, who shall be informed of such disclosures on request.

13. Child Abuse Reporting

Nothing in this policy shall limit a mandated reporter’s responsibility to report suspected child abuse or neglect under the Board’s Child Abuse and Neglect Reporting Policies #4300 and  #5148.

14. Right to File a Complaint

FERPA affords parents and eligible students the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA.  The name and address of the office that administers FERPA is:

Student Privacy Policy Office 
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC  20202-8520

Cross Reference:

Policy #5148 Child Sexual Abuse and Assault Response and Reporting

Policy #4300 Reports of Suspected Abuse or Neglect of Children or Sexual Assault of Students by School Employees

Legal Reference:

Conn. Gen. Stat. § 1-210 et seq.

Conn. Gen. Stat. § 10-220h

Conn. Gen. Stat. § 10-15b

Conn. Gen. Stat. § 10-233d

Conn. Gen. Stat. § 10-234aa

Conn. Gen. Stat. § 10-234bb

Conn. Gen. Stat. § 10-234cc

Conn. Gen. Stat. § 10-234dd

Conn. Gen. Stat. § 10-234ff

Conn. Gen. Stat. § 10-234gg

Conn. Gen. Stat. § 10-220d

Conn. Gen. Stat. § 10-253

Conn. Gen. Stat. § 17-16a

Conn. Gen. Stat. § 17a-28

Conn. Gen. Stat. § 17a-101k

Conn. Gen. Stat. § 19a-581 et deq.

Conn. Gen. Stat. § 46b-134

Regs. Conn. State Agencies § 10-76d-18

Public Act 18-125, “An Act Concerning Revisions to the Student Data Privacy Act”

State Department of Education, Guidance on Civil Rights Protections and Supports for Transgender Students, June 2017

State Department of Education, Guidance on Civil Rights Protections and Supports for Transgender Students: Frequently Asked Questions, June 2017

State Department of Education memorandum dated December 21, 2010, on school choice recruitment

Office of the Public Records Administrator, Retention Schedule M8-Education Records, Revised 2/2005.

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §§ 1232g

USA Patriot Act of 2001, Pub. L. No. 107-56

Every Student Succeeds Act, Pub. L. No. 114-95

Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. No. 114-95.

34 C.F.R. §§ 99.1 - 99.67

34 C.F.R. § 106.45

34 C.F.R. §§ 300.560-300.576

Balancing Student Privacy and School Safety:  A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools, U.S. Department of Education (October 2007).

Policy adopted: March 3, 2003

Policy revised: February 2, 2010

Policy revised: February 5, 2018

Policy revised: August 19, 2019

Policy revised: March 21, 2022

Policy revised: April 7, 2025

Policy revised: February 2, 2026

5125 Regulation???????