Sec. 10-206. Health assessments.
Sec. 10-211a. Peer-to-peer mental health support program; development; training.
Sec. 10-212k. Provision of free menstrual products to students in grades three to twelve.
Sec. 10-212n. Suicide risk assessments.
Sec. 10-215l. CT Grown for CT Kids Grant Program.
Sec. 10-215m. Local food for schools incentive program.
Sec. 10-204d. Continuation of exemption from immunization requirements on religious grounds upon transfer to another school. Any student who is exempt from the immunization requirements set forth in section 10-204a on religious grounds shall continue to be exempt from such requirements on religious grounds if such student transfers from one public or private school in the state to another public or private school in the state under the jurisdiction of either the same or a different local or regional board of education, or similar body governing a nonpublic school or schools.
(P.A. 21-6, S. 12; P.A. 23-160, S. 20.)
History: P.A. 21-6 effective April 28, 2021; P.A. 23-160 made a technical change, effective June 28, 2023.
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Sec. 10-206. Health assessments. (a) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments pursuant to the provisions of this section. Such assessments shall be conducted by (1) a legally qualified practitioner of medicine, (2) an advanced practice registered nurse or registered nurse, licensed pursuant to chapter 378, (3) a physician assistant, licensed pursuant to chapter 370, (4) a school medical advisor, or (5) a legally qualified practitioner of medicine, an advanced practice registered nurse or a physician assistant stationed at any military base, to ascertain whether such pupil is suffering from any physical disability tending to prevent such pupil from receiving the full benefit of school work and to ascertain whether such school work should be modified in order to prevent injury to the pupil or to secure for the pupil a suitable program of education. No health assessment shall be made of any child enrolled in the public schools unless such examination is made in the presence of the parent or guardian or in the presence of another school employee. The parent or guardian of such child shall receive prior written notice and shall have a reasonable opportunity to be present at such assessment or to provide for such assessment himself or herself. A local or regional board of education may deny continued attendance in public school to any child who fails to obtain the health assessments required under this section.
(b) Each local or regional board of education shall require each child to have a health assessment prior to public school enrollment. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, a medical risk assessment for lead poisoning and, when indicated by such assessment, a test of the child's blood lead level, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order by a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, speech and gross dental screenings; and (4) such other information, including health and developmental history, as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis, sickle cell anemia and Cooley's anemia where the local or regional board of education determines after consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, that such tests are necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.
(c) Each local or regional board of education shall require each pupil enrolled in the public schools to have health assessments in either grade six or grade seven and in either grade nine or grade ten. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure, and, beginning with the 2003-2004 school year, a chronic disease assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a. The assessment form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may only update said immunizations pursuant to a written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378; (3) vision, hearing, postural and gross dental screenings; and (4) such other information including a health history as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis and sickle cell anemia or Cooley's anemia where the local or regional board of education, in consultation with the school medical advisor and the local health department, or in the case of a regional board of education, each local health department, determines that said screening or test is necessary, provided a registered nurse may only perform said tests pursuant to the written order of a physician or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.
(d) The results of each assessment done pursuant to this section and the results of screenings done pursuant to section 10-214 shall be recorded on forms supplied by the State Board of Education. Such information shall be included in the cumulative health record of each pupil and shall be kept on file in the school such pupil attends. If a pupil permanently leaves the jurisdiction of the board of education, the pupil's original cumulative health record shall be sent to the chief administrative officer of the school district to which such student moves. The board of education transmitting such health record shall retain a true copy. Each physician, advanced practice registered nurse, registered nurse, or physician assistant performing health assessments and screenings pursuant to this section and section 10-214 shall completely fill out and sign each form and any recommendations concerning the pupil shall be in writing.
(e) Appropriate school health personnel shall review the results of each assessment and screening as recorded pursuant to subsection (d) of this section. When, in the judgment of such health personnel, a pupil, as defined in section 10-206a, is in need of further testing or treatment, the superintendent of schools shall give written notice to the parent or guardian of such pupil and shall make reasonable efforts to assure that such further testing or treatment is provided. Such reasonable efforts shall include a determination of whether or not the parent or guardian has obtained the necessary testing or treatment for the pupil, and, if not, advising the parent or guardian on how such testing or treatment may be obtained. The results of such further testing or treatment shall be recorded pursuant to subsection (d) of this section, and shall be reviewed by school health personnel pursuant to this subsection.
(f) On and after October 1, 2017, each local or regional board of education shall report to the local health department and the Department of Public Health, on an triennial basis, the total number of pupils per school and per school district having a diagnosis of asthma (1) at the time of public school enrollment, (2) in grade six or seven, and (3) in grade nine or ten. The report shall contain the asthma information collected as required under subsections (b) and (c) of this section and shall include pupil age, gender, race, ethnicity and school. Beginning on October 1, 2021, and every three years thereafter, the Department of Public Health shall review the asthma screening information reported pursuant to this section and shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and education concerning asthma trends and distributions among pupils enrolled in the public schools. The report shall be submitted in accordance with the provisions of section 11-4a and shall include, but not be limited to, (A) trends and findings based on pupil age, gender, race, ethnicity, school and the education reference group, as determined by the Department of Education for the town or regional school district in which such school is located, and (B) activities of the asthma screening monitoring system maintained under section 19a-62a.
(1949 Rev., S. 1467; P.A. 78-218, S. 132; P.A. 80-440, S. 4, 10; P.A. 85-80, S. 1, 2; P.A. 91-327, S. 6, 8; P.A. 94-103, S. 1; P.A. 98-252, S. 12, 80; June Sp. Sess. P.A. 01-4, S. 41, 58; June Sp. Sess. P.A. 01-9, S. 105, 131; P.A. 04-221, S. 36; P.A. 05-272, S. 2; P.A. 07-58, S. 1; P.A. 11-179, S. 1; P.A. 17-146, S. 5; P.A. 18-168, S. 8, 9; P.A. 21-121, S. 67; P.A. 23-31, S. 39.)
History: P.A. 78-218 replaced former provisions concerning examinations of female children with similar provisions applicable to examination of any child and made technical changes; P.A. 80-440 substituted “health assessment” for “health examination”, deleted requirement for assessments at three-year intervals, required parent's or guardian's presence at examination, required that prior written notice be given to parent or guardian, deleted provisions concerning health records and added Subsecs. (b) to (e) re required assessments, recording of results and review; P.A. 85-80 amended Subsec. (a) to allow a local or regional board to deny continued attendance in public school to any child who fails to obtain the required health assessments; P.A. 91-327 amended Subsec. (b) to replace tests for lead paint poisoning with tests for lead levels in the blood; P.A. 94-103 amended Subsecs. (a), (b), (c) and (d) to add provision regarding the duties of registered nurses, advanced practice registered nurses and physician assistants; P.A. 98-252 amended Subsecs. (b) and (c) to make technical changes, effective July 1, 1998; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding provision re licensed naturopath and person licensed to practice chiropractic and making a technical change, amended Subsecs. (b) and (c) by adding provisions re chronic disease assessment including asthma and re items included in assessment form and added Subsec. (f) re reporting requirements, effective July 1, 2002; June Sp. Sess. P.A. 01-9 eliminated provision re licensed naturopaths and persons licensed to practice chiropractic, effective July 1, 2001; P.A. 04-221 amended Subsec. (d) by requiring that form be completely filled out by physician, nurse or physician assistant, effective July 1, 2004; P.A. 05-272 amended Subsec. (f) by eliminating reference to health assessment forms, requiring boards of education to report re the prevalence of asthma among students during three specific time periods and making technical changes; P.A. 07-58 amended Subsec. (c) to require the second set of adolescent health assessments in grades nine or ten instead of in grades ten or eleven, effective July 1, 2008; P.A. 11-179 amended Subsec. (a) by designating existing provisions re persons who shall conduct health assessments as Subdivs. (1) to (4) and adding Subdiv. (5) re legally qualified practitioner of medicine, advanced practice registered nurse or physician assistant stationed at any military base, effective July 13, 2011; P.A. 17-146 amended Subsec. (f) to replace “February 1, 2004” with “October 1, 2017” and replace “annual” with “triennial” re report; P.A. 18-168 amended Subsec. (b) by deleting reference to defining of asthma by commissioner pursuant to Sec. 19a-62a and amended Subsec. (f) to replace “2004” with “2021”, designate existing provisions re trends and findings as Subpara. (A), and add Subpara. (B) re activities of asthma screening monitoring system; P.A. 21-121 amended Subsec. (f)(3) by adding reference to grade 9 and deleting “or eleven”, effective July 1, 2021; P.A. 23-31 amended Subsec. (b) by adding provision re medical risk assessments in Subdiv. (1), replacing “or Cooley's anemia” with “and Cooley's anemia”, and deleting “and tests for lead levels in the blood” in provision re tests to be included in assessment.
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Sec. 10-211a. Peer-to-peer mental health support program; development; training. (a) As used in this section and section 10-211b, “designated staff member” means a teacher, school administrator, school counselor, psychologist, social worker, nurse, physician or school paraeducator employed by a local or regional board of education or working in a public middle school or high school.
(b) Not later than January 1, 2023, the Department of Children and Families shall, in collaboration with the Department of Education, develop a peer-to-peer mental health support program that provides services to aid students in grades six to twelve, inclusive, in problem solving, decision making, conflict resolution and stress management. Such program shall be made available to local and regional boards of education, local health departments, district departments of health, youth services bureaus established pursuant to section 10-19m, municipal social service agencies and other youth-serving organizations approved by the Department of Children and Families. In developing such program, the department shall utilize best practices and may use existing models of peer-to-peer counseling.
(c) On and after January 1, 2023, the Department of Children and Families shall, in collaboration with the Department of Education, provide training to (1) designated staff members selected by the superintendent of schools pursuant to section 10-211b, and (2) employees of local health departments, district departments of health, youth service bureaus established pursuant to section 10-19m, municipal social service agencies and other youth-serving organizations selected pursuant to section 10-211b, on how to implement the peer-to-peer mental health support program and provide instruction, guidance and supervision to students participating in such program.
(P.A. 22-47, S. 34; P.A. 23-160, S. 11.)
History: P.A. 22-47 effective July 1, 2022; P.A. 23-160 made a technical change in Subsec. (a), effective June 28, 2023.
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Sec. 10-211f. Provision of professional development programs or activities for school nurses and nurse practitioners. For the school year commencing July 1, 2024, and each school year thereafter, each local and regional board of education shall annually approve and provide professional development programs or activities for all school nurses and nurse practitioners appointed by or under contract with such board. Each board shall provide such professional development programs or activities related to training and instruction in the implementation of individualized education programs and plans pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, to any new school nurse or nurse practitioner not later than thirty days after such school nurse or nurse practitioner has been appointed by or entered into a contract with such board.
(P.A. 23-167, S. 35.)
History: P.A. 23-167 effective July 1, 2023.
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Sec. 10-212. School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds. Criminal history records checks. Professional development requirements. (a) Each local or regional board of education shall appoint one or more school nurses or nurse practitioners. Such school nurses and nurse practitioners appointed by such boards shall be qualified pursuant to regulations adopted in accordance with the provisions of chapter 54 by the State Board of Education in consultation with the Department of Public Health, except any school nurse or nurse practitioner appointed by or under contract with a local or regional board of education shall not be required to have at least the equivalent of one year full-time working experience as a registered nurse during the five years immediately prior to appointment or employment as a school nurse or nurse practitioner. Such school nurses may also act as visiting nurses in the town, may visit the homes of pupils in the public schools and shall assist in executing the orders of the school medical advisor, if there is any in such town, and perform such other duties as are required by such board.
(b) Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies, nothing in this section shall be construed to prohibit the administering of medications by parents or guardians to their own children on school grounds.
(c) School nurses and nurse practitioners appointed by or under contract with any local or regional board of education and any nurse provided to a nonpublic school under the provisions of section 10-217a shall submit to a criminal history records check in accordance with the provisions of section 29-17a.
(d) On and after July 1, 2024, each school nurse or nurse practitioner appointed by or under contract with a local or regional board of education shall complete at least fifteen hours of professional development programs or activities approved and provided by such local or regional board of education, in accordance with the provisions of section 10-211f, in each two-year period, provided such professional development programs or activities include training and instruction in the implementation of individualized education programs and plans pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time.
(1949 Rev., S. 1473; P.A. 78-218, S. 136; P.A. 80-440, S. 2, 10; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 01-4, S. 11, 58; P.A. 03-211, S. 3; P.A. 04-181, S. 2; P.A. 23-167, S. 34.)
History: P.A. 78-218 specified applicability of section to local and regional boards of education; P.A. 80-440 made appointment of school nurses mandatory rather than optional and required them to be “qualified pursuant to regulations adopted in accordance with chapter 54” by state board of education with advice of health services department; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 01-4 designated existing provisions as Subsec. (a) and added Subsec. (b) re administration of medications by parents or guardians on school grounds, effective July 1, 2001; P.A. 03-211 amended Subsec. (a) by substituting requirement that the State Board of Education adopt regulations in consultation with the Department of Public Health for requirement that regulations be adopted with technical advice and assistance of the Department of Public Health, effective July 1, 2003; P.A. 04-181 added Subsec. (c) re criminal history records checks, effective June 1, 2004; P.A. 23-167 amended Subsec. (a) by adding exception re school nurse or nurse practitioner does not need to have at least the equivalent of 1 year full time working experience as a registered nurse during 5 years immediately prior to appointment or employment as a school nurse, and added Subsec. (d) re school nurses and nurse practitioners to complete at least 15 hours of professional development programs or activities in a 2-year period and include training and instruction in implementation of individualized education programs and 504 plans, effective July 1, 2023.
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Sec. 10-212e. *(See end of section for amended version and effective date.) Immunity from actions relating to the provision of food or dietary supplements on school grounds by a parent, guardian or designee to a student with glycogen storage disease. No claim for damages shall be made against a town, local or regional board of education or school employee, as defined in section 10-222d, for any injury or damage resulting from the provision of food or dietary supplements by a parent or guardian, or a person designated by such parent or guardian, on school grounds to a student with glycogen storage disease under an individualized health care and glycogen storage disease action plan, pursuant to section 10-212c.
(P.A. 12-198, S. 7; P.A. 13-31, S. 16.)
*Note: On and after July 1, 2025, this section, as amended by section 59 of public act 23-167, is to read as follows:
“Sec. 10-212e. Immunity from actions relating to the provision of food or dietary supplements on school grounds by a parent, guardian or designee to a student with glycogen storage disease. No claim for damages shall be made against a town, local or regional board of education or school employee, as defined in section 10-222aa, for any injury or damage resulting from the provision of food or dietary supplements by a parent or guardian, or a person designated by such parent or guardian, on school grounds to a student with glycogen storage disease under an individualized health care and glycogen storage disease action plan, pursuant to section 10-212c.”
(P.A. 12-198, S. 7; P.A. 13-31, S. 16; P.A. 23-167, S. 59.)
History: P.A. 12-198 effective July 1, 2012; P.A. 13-31 made technical changes, effective May 28, 2013; P.A. 23-167 changed the reference for the definition of “school employee” from Sec. 10-222d to Sec. 10-222aa, effective July 1, 2025.
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Sec. 10-212k. Provision of free menstrual products to students in grades three to twelve. On and after September 1, 2024, each local and regional board of education shall provide free menstrual products, as defined in section 18-69e, in women's restrooms, all-gender restrooms and at least one men's restroom, which restrooms are accessible to students in grades three to twelve, inclusive, in each school under the jurisdiction of such boards and in a manner that does not stigmatize any student seeking such products, pursuant to guidelines established by the Commissioner of Public Health under section 19a-131l. To carry out the provisions of this section, the local and regional boards of education may (1) accept donations of menstrual products and grants from any source for the purpose of purchasing such products, and (2) partner with a nonprofit or community-based organization.
(P.A. 22-118, S. 84; P.A. 23-160, S. 10.)
History: P.A. 22-118 effective July 1, 2022; P.A. 23-160 replaced “September 1, 2023” with “September 1, 2024”, effective July 1, 2023.
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Sec. 10-212n. Suicide risk assessments. Not later than January 1, 2024, the Department of Education shall provide to each local and regional board of education a list of recommended assessments for determining the suicide risk of students who exhibit mental health distress, have been identified as at risk of suicide or are considered to be at an increased risk of suicide based on the risk factors identified pursuant to subsection (f) of section 10-221. Such list may include, but need not be limited to, the Columbia-Suicide Severity Rating Scale.
(P.A. 23-167, S. 79.)
History: P.A. 23-167 effective July 1, 2023.
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Sec. 10-215l. CT Grown for CT Kids Grant Program. (a) The Department of Agriculture, in consultation with the advisory committee described in subsection (c) of this section, shall administer the CT Grown for CT Kids Grant Program. Such program shall assist local and regional boards of education to develop farm-to-school programs that will increase the availability of local foods in child nutrition programs, allow educators to use hands-on educational techniques to teach students about nutrition and farm-to-school connections, sustain relationships with local farmers and producers, enrich the educational experience of students, improve the health of children in the state and enhance the state's economy.
(b) A local or regional board of education, a regional educational service center, a cooperative arrangement pursuant to section 10-158a, child care centers, group child care homes and family child care homes, as such terms are described in section 19a-77, or any organization or entity administering or assisting in the development of a farm-to-school program, may apply, in a form and manner prescribed by the department, for a grant under this section. Such grant shall be used to develop or implement a farm-to-school program, which may include (1) the purchase of equipment, resources or materials, including, but not limited to, local food products, gardening supplies, field trips to farms, gleaning on farms and stipends to visiting farmers, (2) the provision of professional development and skills training for educators, school nutrition professionals, parents, caregivers, child care providers and employees and volunteers of organizations administering or assisting in the development and implementation of farm-to-school programs, and (3) piloting new purchasing systems and programs.
(c) The department shall convene an advisory committee to assist in the administration of the CT Grown for CT Kids Grant Program. The advisory committee shall consist of the Commissioner of Education, or the commissioner's designee, and individuals representing stakeholder groups that reflect the demographic and geographic diversity of the state, selected by the Commissioner of Agriculture. The advisory committee shall (1) assist the department in reviewing applications and awarding grants under this section, and (2) provide technical assistance to grant recipients in the development and implementation of farm-to-school programs.
(d) In awarding grants under this section, the department shall (1) give priority to applicants (A) located in alliance districts, as defined in section 10-262u, or who are providers of school readiness programs, as defined in section 10-16p, and (B) who demonstrate broad commitment from school administrators, school nutrition professionals, educators and community stakeholders, and (2) not award a grant that is in an amount greater than ten per cent of the total amount available for the fiscal year.
(e) The department may accept gifts, grants and donations, including in-kind donations, for the administration of the CT Grown for CT Kids Grant Program and to implement the provisions of this section.
(f) Not later than January 1, 2023, and annually thereafter, the department shall submit a report on the CT Grown for CT Kids Grant Program to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but need not be limited to, an accounting of the funds appropriated and received by the department for the program, descriptions of each grant awarded under the program and how such grant was expended by the recipient and an evaluation of the program and the success of local farm-to-school programs that have received grant awards under this section.
(g) For the fiscal year ending June 30, 2024, and each fiscal year thereafter, if the funds appropriated for the purposes of this section are not expended, the department shall use such unexpended funds to administer the local food for schools incentive program in accordance with the provisions of section 10-215m.
(June Sp. Sess. P.A. 21-2, S. 364; P.A. 23-160, S. 21, 22; 23-167, S. 27.)
History: June Sp. Sess. P.A. 21-2 effective July 1, 2021; P.A. 23-160 made technical changes in Subsecs. (b) and (f), effective June 28, 2023; P.A. 23-167 added Subsec. (g) re use of unexpended funds to administer the local food for schools incentive program under Sec. 10-215m, effective July 1, 2023.
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Sec. 10-215m. Local food for schools incentive program. (a) As used in this section:
(1) “Local farm” means a farm, farmers' cooperative, food hub or wholesale distributor located in Connecticut.
(2) “Regional farm” means a farm, farmers' cooperative, food hub or wholesale distributor located in New York, Massachusetts, Rhode Island, Vermont, New Hampshire or Maine.
(3) “Locally sourced food” means produce and other farm products that have a traceable point of origin within Connecticut that are grown or produced at, or sold by, a local farm and includes, but is not limited to, value-added dairy, fish, pork, beef, poultry, eggs, fruits, vegetables and minimally processed foods.
(4) “Regionally sourced food” means produce and other farm products that have a traceable point of origin within New York, Massachusetts, Rhode Island, Vermont, New Hampshire or Maine that are grown or produced at, or sold by, a regional farm and includes, but is not limited to, value-added dairy, fish, pork, beef, poultry, eggs, fruits, vegetables and minimally processed foods.
(5) “Eligible board of education” means a local or regional board of education that is participating in the National School Lunch Program.
(6) “Eligible meal program” means a meal program provided by an eligible board of education to its students or a meal provided as part of such board's participation in the National School Lunch Program, School Breakfast Program, Seamless Summer Option, After School Snack Program, Summer Food Service Program or the At-Risk Afterschool Meals component of the Child and Adult Care Food Program administered by the United States Department of Agriculture.
(b) For the fiscal year ending June 30, 2024, and each fiscal year thereafter, the Department of Agriculture, in consultation with the Department of Education, shall administer the local food for schools incentive program. Such program shall provide reimbursement payments to eligible boards of education for the purchase of locally sourced food and regionally sourced food that may be used as part of such board's participation in an eligible meal program. An eligible board of education shall be entitled to receive reimbursement payments in accordance with the guidelines developed pursuant to subsection (e) of this section and in an amount equal to (1) one-half of such board's expenditures for locally sourced foods, and (2) one-third of such board's expenditures for regionally sourced foods.
(c) (1) The department shall receive requests from eligible boards of education for reimbursement payments under the program in a manner similar to how the department receives applications under section 10-215b.
(2) Each eligible board of education shall (A) maintain a record of such board's expenditures for all locally sourced food and regionally sourced food, as well as documentation confirming the place of origin of such food, as prescribed by the department, and (B) submit, upon request of the department, such records and documentation to the department for review.
(d) Any locally sourced food or regionally sourced food for which an eligible board of education seeks reimbursement payments under this section, shall comply with the nutrition standards established by the department pursuant to section 10-215e.
(e) The department shall develop guidelines for the implementation of the program. Such guidelines shall (1) establish a maximum reimbursement amount based on total student enrollment for each eligible board of education, (2) assist eligible boards of education in participating in the program, and (3) promote geographic, social, economic and racial equity, which may include a preference for socially disadvantaged farmers, as defined in 7 USC 2279(a), as amended from time to time, or small farm businesses.
(f) The department shall develop a survey to be distributed annually to any eligible board of education that receives reimbursement payments under this section. Such survey shall be designed to collect information to assist the department in implementing and improving the program.
(g) In addition to the reimbursement payments otherwise provided pursuant to this section, the department may, within available appropriations, provide supplemental grants to eligible boards of education. Such supplemental grant funds may be expended for the purpose of purchasing kitchen equipment, engaging with school nutrition or farm-to-school consultants or training relating to the processing, preparation and serving of locally sourced food and regionally sourced food. In awarding supplemental grants under this subsection, the department shall give priority to an eligible board of education for a town designated as an alliance district pursuant to section 10-262u.
(h) The department may accept gifts, grants and donations, including in-kind donations, for the administration of the local food for schools incentive program and to implement the provisions of this section.
(i) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.
(j) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2024, and each fiscal year thereafter, the amount of reimbursement payments payable to eligible boards of education shall be reduced proportionately if the total of such reimbursement payments in such year exceeds the amount appropriated for such reimbursement payments for such year.
(k) Not later than January 1, 2025, and annually thereafter, the department shall submit a report on the local food for schools incentive program to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but need not be limited to, an accounting of the funds appropriated and received by the department for the program, descriptions of the reimbursement payments made under the program and an evaluation of the program.
(P.A. 23-167, S. 26.)
History: P.A. 23-167 effective July 1, 2023.
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Sec. 10-217a. Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools. (a) Each town or regional school district which provides health services for children attending its public schools in any grade, from kindergarten to twelve, inclusive, shall provide the same health services for children in such grades attending private nonprofit schools therein, when a majority of the children attending such schools are residents of the state of Connecticut. Any such town or district may also provide such services for children in prekindergarten programs in such private nonprofit schools when a majority of the children attending such schools are residents of the state of Connecticut. Such determination shall be based on the percentage of resident pupils enrolled in such school on October first, or the full school day immediately preceding such date, during the school year next prior to that in which the health services are to be provided. The provisions of this section shall not be construed to require a town or district to provide such services to any child who is not a resident of this state. Such health services shall include the services of a school physician, school nurse and dental hygienist, provided such health services shall not include special education services which, if provided to public school students, would be eligible for reimbursement pursuant to section 10-76g. For purposes of this section, a resident is a person with continuous and permanent physical presence within the state, except that temporary absences for short periods of time shall not affect the establishment of residency.
(b) Any town or regional school district providing such services for children attending such private schools shall be reimbursed by the state for a percentage of the amount paid from local tax revenues for such services as follows:
(1) The percentage of the amount paid from local tax revenues for such services reimbursed to a local board of education shall be determined by (A) ranking each town in the state in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (B) based upon such ranking, (i) for reimbursement paid in the fiscal year ending June 30, 1990, a percentage of not less than forty-five or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, the percentage shall be not less than eighty, (ii) for reimbursement paid in the fiscal years ending June 30, 1991, to June 30, 2001, inclusive, a percentage of not less than ten or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty, and (iii) for reimbursement paid in the fiscal year ending June 30, 2002, and each fiscal year thereafter, a percentage of not less than ten or more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, for the fiscal year ending June 30, 1997, was greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, for the fiscal year ending June 30, 1997, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty.
(2) The percentage of the amount paid from local tax revenues for such services reimbursed to a regional board of education shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank.
(c) Any town or regional school district which provides such services shall file an application for such reimbursement not later than the September fifteenth following the fiscal year in which the services were provided on a form to be provided by the State Board of Education. Payment shall be made not later than the following January fifteenth.
(d) (1) Upon written notification from the town or regional school district providing such services, the town of which children attending such private schools are residents shall pay to the town or regional school district which provided such services during the fiscal year ending June 30, 1989, a proportionate share of the average unreimbursed cost per child for providing such services. Such proportionate share shall be equal to (A) the difference between the amount paid by a town or regional school district for providing such services for children attending such private schools and the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, divided by (B) the total number of children attending such private schools in the town or regional school district and multiplied by (C) the number of children who are residents of the town and who attend such private schools in the town or regional school district providing such services.
(2) Payment to a town or regional school district pursuant to the provisions of this subsection shall not make a town making such a payment eligible for reimbursement under the provisions of subsection (b) of this section.
(3) Upon written notification from the town or regional school district providing such services, any such private school shall pay to the town or regional school district which provided such services during the fiscal year ending June 30, 1989, the difference between the amount paid by the town or regional school district for providing such services for children attending such private school and the sum of (A) the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, (B) payments received by or due to such town or regional school district pursuant to subdivision (1) of this subsection for providing such services and (C) the proportionate share of the average unreimbursed cost per child for providing such services to children who are residents of the town providing such services and who attend such private school, such share which shall be equal to (i) the difference between the amount paid by the town or regional school district for providing such services for children attending such private school and the state grant received by or due to such town or regional school district pursuant to subsections (b) and (c) of this section for providing such services, divided by (ii) the total number of children attending such private school and multiplied by (iii) the number of children who are residents of the town providing such services and who attend such private school.
(e) Notwithstanding the provisions of subsection (a) of this section to the contrary, any town (1) in which more than four hundred children who are not residents of the state attend private nonprofit schools which are in the town and in which a majority of the children attending such schools are residents of the state and (2) for which the percentage of the amount paid from local tax revenues reimbursed to the local board of education pursuant to subsection (b) of this section is less than fifteen per cent may, at its discretion, provide such services to children in such private nonprofit schools who are not residents of the state.
(f) The pay of certificated personnel shall be subject to the rules and regulations providing for deduction for the state Teacher's Retirement Fund by the board of education of such town applicable to certificated teaching personnel in the public schools of such town. This subsection shall be retroactive to July 1, 1968.
(g) A town or regional school district may provide, at its own expense, the services of a school psychologist, speech remedial services, school social worker's services and special language teachers for non-English-speaking students to children attending private nonprofit schools in such town or district.
(h) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(i) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2008, to June 30, 2025, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
(1967, P.A. 481, S. 1, 2; 1969, P.A. 568, S. 1; 1972, P.A. 296, S. 1; P.A. 83-422, S. 1, 2; P.A. 84-255, S. 10, 21; P.A. 85-249, S. 1, 3; P.A. 88-360, S. 23, 63; P.A. 89-355, S. 6, 20; P.A. 90-225, S. 3, 10; 90-325, S. 28, 32; 91-303, S. 15, 22; June Sp. Sess. P.A. 91-7, S. 8, 22; June 18 Sp. Sess. P.A. 97-2, S. 12, 165; June Sp. Sess. P.A. 01-1, S. 9, 54; June 30 Sp. Sess. P.A. 03-6, S. 1; P.A. 04-257, S. 11; P.A. 05-245, S. 14; June Sp. Sess. P.A. 07-3, S. 1; Sept. Sp. Sess. P.A. 09-6, S. 40; P.A. 11-48, S. 174; P.A. 13-247, S. 156; June Sp. Sess. P.A. 15-5, S. 245; June Sp. Sess. P.A. 17-2, S. 575; P.A. 19-117, S. 269; June Sp. Sess. P.A. 21-2, S. 370; P.A. 23-204, S. 314.)
History: 1969 act added Subsec. (c) re deductions from pay of certificated personnel; 1972 act amended Subsec. (a) to require health and welfare services in private schools when majority of students from Connecticut rather than from the municipality in which private school located; P.A. 83-422 amended Subsec. (a) to provide for method of determining when a majority of children attending private schools are from the state, and to add language concerning provision of clerical, supervisory and administrative services necessary to offer health and welfare services; P.A. 84-255 amended Subsecs. (a) and (b) adding reference to regional school districts; P.A. 85-249 amended section to permit towns to provide health and welfare services to children in prekindergarten programs in private nonprofit schools, to clarify that such services do not include special education services and to add a definition of residency; P.A. 88-360 added Subsec. (d) re reimbursement for health and welfare services for children attending incorporated or endowed high schools or academies; P.A. 89-355 in Subsec. (a) made the determination of the number of resident children based on the number enrolled on October first rather than the average of those enrolled on October first and May first and made a technical change, in Subsec. (b) provided that reimbursement from the state be a percentage of the amount paid from local tax revenues rather than the full amount paid from such revenues, added new Subsec. (c) designation, added new Subsec. (d) re reimbursement from sending school districts and private schools, relettered Subsec. (c) as Subsec. (e) and deleted obsolete former Subsec. (d) re reimbursement for providing health and welfare services to children attending incorporated or endowed high schools or academies; P.A. 90-225 in Subsec. (b)(1) limited the 45% to 90% reimbursement scale to reimbursement paid in the fiscal year ending June 30, 1990, provided that for fiscal years thereafter the scale be 10% to 90% with a minimum of 80% for certain towns and made a technical change, in Subsec. (c) specified that applications be filed not later than September fifteenth and that payment be made not later than the following January fifteenth, in Subsec. (d) limited the payments to towns by other towns and private schools to payments for services during the fiscal year ending June 30, 1989, and inserted a new Subdiv. (2) designation making previous Subdiv. (2) Subdiv. (3) and in Subsec. (e) made a technical change; P.A. 90-325 added new Subsec. (e) re certain towns' discretionary powers to provide health and welfare services to nonresident children enrolled in private schools and relettered Subsec. (e) as (f); P.A. 91-303 in Subsec. (a) added language specifying that towns need not provide services to children who are not residents of this state; June Sp. Sess. 91-7 removed the requirement to provide welfare services, including the services of a school psychologist, speech remedial services, school social worker's services, special language teachers for non-English-speaking students, and such clerical supervisory and administrative services necessary to the provision of health and welfare services, and added Subsec. (g) re towns' discretionary power to provide certain services at their own expense; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace references to aid to families with dependent children with temporary family assistance and made technical changes, effective July 1, 1997; June Sp. Sess. P.A. 01-1 amended Subsec. (b)(1) to limit Subpara. (B)(ii) to the fiscal years ending June 30, 1991, to June 30, 2001, inclusive, and to add Subpara. (B)(iii) re the fiscal years ending June 30, 2002, and June 30, 2003, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b)(1) by making grant permanent, effective August 20, 2003; P.A. 04-257 made technical changes in Subsec. (b)(1), effective June 14, 2004; P.A. 05-245 added new Subsec. (h) re proportional reduction of grants for the fiscal years ending June 30, 2006, and June 30, 2007, effective July 1, 2005; June Sp. Sess. P.A. 07-3 added Subsec. (i) re proportional reduction of grants for the fiscal years ending June 30, 2008, and June 30, 2009, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 13-247 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 19-117 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 23-204 amended Subsec. (i) to extend proportional reduction of grants through fiscal year ending June 30, 2025, effective July 1, 2023.
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