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COLCHESTER PUBLIC SCHOOLS SERIES 5000 STUDENTS
Policy or
Number Regulation
0. Concept and Roles in Student Policies…………………………………….5000 P
1. Elementary and Secondary
A. Attendance
(1) Admission/Placement……………………………………...5111 P/R
(2) Foreign Exchange Students……………………………….5111.1 P
(3) Student Attendance, Truancy, Chronic Absenteeism…5113 P/R
(4) Attendance Records………………………………………..5115 P
(5) Nonresident Attendance…………………………………...5118 P
(6) Homeless Students………………………………………….5118.1 P/R
(1) Student Use of the District’s Computer Systems
and Internet Safety……………………..………………….5119 P/R
B. Progress/Records
(1) Promotion/Acceleration/Retention……………………….5123 P/R
(2) Reporting to Parents………………………………………..5124 P/R
(3) Student Privacy _______________________________________ P
(4) Confidentiality & Access to Education Records (FERPA)5125 P/R
(5) Awards for Achievement…………………………………..5126 P
(6) High School Graduation Requirements_____________________ P
(7) CT Summative Assessments _____________________________ P
C. Activities
(1) Conduct………………………………………………………..5131 P
(a) Bus Conduct………………………………………….5131.1 P
(b) Surveillance on School Property………………... 5131.11 P/R
(c) Student Driving and Parking________________________ P
(d) Vandalism by Minors……………………………...5131.5 P
(e) Drugs and Alcohol/Tobacco……………………...5131.6 P
(f) Use of Private Technology by Students_______________ P/R
(g) Gang Activity or Association……………………. 5131.9 P
(h) Bullying……………………………………………….5131.911 P/R
(i) Civility/Respectful Communication & Actions. 5131.92 P
(2) Attire and Hygiene______________________________________ P/R
(3) Participation Fees for School Activities…………………. 5139 P/R
D. Student Welfare………………………………………………………..5140 P
(1) Health…………………………………………………………..5141 P
(a) Administration of Student Medications………….5141.21 P
(b) Sunscreen Application in School………………...5141.214 P/R
(c) Communicable/Infectious Diseases……………...5141.22 P
(d) Psychotropic Drug Use…………………………….5141.231 P
(e) Students with Food Allergies and/or Glycogen Storage
Disease Management Plan and Guidelines________ P
COLCHESTER PUBLIC SCHOOLS SERIES 5000 STUDENTS
Policy or
Number Regulation
(f) Management Plan and Guidelines for Students with Food
Allergies and/or Glycogen Storage Disease…….5141.26 R
(g) Health Assessments, Screenings, and
Immunizations……………………………………….5141.3 P/R
(h) Reporting of Child Abuse, Neglect, and
Sexual Assault……………………………………....5141.4 P/R
(i) Suicide Prevention/Intervention ____________________ P/R
(2) Safety…………………………………………………………..5142 P
(a) Relations with Noncustodial Parents……………..5142.1 P
(3) Student Insurance…………………………………………….5143.1 P
(4) Student Discipline…………………………………………….5144 P
(5) Physical Restraint & Seclusion of Students
And Use of Exclusionary Time Out……….……………...5144.1 P/R
(6) Child Sexual Abuse and Assault Policy/Reporting _____________P
(7) Physical Exercise and Discipline of Students…………...5144.4 P
E. Civil and Legal Rights and Responsibilities
(a) Section 504 of the Rehabilitation Act of 1973 &
Title ll of the ADA Act of 1990…………………..5145 P/R
(b) Invasion of Privacy
(i) Questioning and Apprehension…………...…..5145.11 P
(ii) Search and Seizure…………………………...... 5145.12 P/R
a. Use of Alcohol Detection Devices….… .5145.124 P/R
(iii) On-Campus Recruitment………………......... 5145.14 P
(iv) Directory Information………………………...5145.15 P
(c) Non-discrimination/Discrimination Complaints..5145.4 P/R
(d) Title IX of the Education Amendments of 1972-
Prohibition of Sex Discrimination and Sexual Harrassment
(Students)...............................................5145.5 P
(e) Student Grievance Procedures…………………....5145.6 P
(f) Conducting Research in Schools………………....5156 P
March 9, 2021
5000P
STUDENTS
CONCEPT AND ROLES IN STUDENT POLICIES
The focus of the school system is on the learner, the student. The student’s educational
development toward the school’s goals is the central concern of the Board of
Education’s policies and the administrator’s regulations.
Each child shall be given equal opportunity. But since children vary widely in capacities,
interests, social and economic background, no two can be treated exactly alike if the
fullest development of each is to be achieved.
The Board of Education will attempt to erase limitations of facilities and means that
stand in the way of our school’s availability to all who wish to learn in this school
system.
Discrimination among students applying for admission to or attending our schools with
respect to race, color, religious creed, age, marital status, national origin, sex, sexual
orientation or physical disability is prohibited.
Legal Reference: Connecticut General Statutes
10-15 Towns to maintain schools
10-15c Discrimination in public schools prohibited. School
attendance by five-year olds.
10-184 Duties of parents (re mandatory schooling of children
seven and older and under sixteen)
10-186 Duties of towns and regional school districts. Hearings.
Appeal to state board. Establishment of hearing board.
10-226a Pupils of racial minorities
Sec 504 Section 504, U.S. Rehabilitation Act of 1973,29 U.S.C. @
794
POLICY ADOPTED: March 12, 2002
REVISED: June 9, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
CONCEPT AND ROLES IN STUDENT POLICIES Page 1 of 1
5111P
STUDENTS
ADMISSION/PLACEMENT
Admission
District 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. 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. The Board will
not act upon applications of individual students who are seeking admission and do not
meet the minimum age requirements as defined by state law. 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 5118.1P Homeless Students.
The parent of person having control of a child five years of age shall have the option of
not sending the child to school until the child is six years of age. The parent or person
having control of a child six years of age shall have the option of not sending the child to
school until the child is seven years of age.
The parent of person shall exercise such option by personally appearing at the school
district office and signing an option form. The district shall provide the parent or person
with information on the educational opportunities available in the school system.
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 an original birth certificate
or offer legal evidence of birth data, as well as proof of a recent physical examination and
required immunizations. School personnel may also request legal custodial documentation. 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 Boards, be paid by the town. Proof
of domicile may also be requested by the Building Principal.
ADMISSION/PLACEMENT Page 1 of 4
Other documents that may be accepted as proof of a student’s age include, but are not limited
to:
1. Photocopy of a birth certificate
2. Earlier school records
3. State-issued identification document
4. Driver’s license, passport, etc.
5. Parent’s affidavit or unsworn statement as to a student’s age
6. Physician’s certificate verifying a student’s age
7. Immunization records
Any child entering or returning to the district from placement in a juvenile detention
school, the Connecticut Juvenile Training School, or any other residential placement,
shall have the education records of such child provided to the Superintendent of Schools
by the Department of Children and Families (DCF) and the Judicial Department. Such
information will be shared with the Principal of the school to which the student is
assigned. The Principal can disclose them to the staff who teach or care for the child.
The District will immediately enroll any student who transfers from Unified District No. 1 or
Unified District No. 2. A student transferring from the Unified School Districts who had
previously attended school in the local school district shall be enrolled in the school such
student previously attended, provided such school has the appropriate grade level for the
student.
The parent or person having control of a child sixteen or seventeen years of age may consent to
a child’s withdrawal from school. The parent or person shall personally appear at the
school district office and sign a withdrawal form. The withdrawal form (Regulation
5111(dd)) shall include an attestation from a guidance counselor or school administrator of the
school that the school district has provided the parent or person with information
on the education options available in the school system and in the community.
If a child seventeen years of age or older voluntarily terminates enrollment in a school
district and subsequently seeks readmission, the local or regional board of education for
the school district may deny school accommodations to the child for up to ninety school
days from the date of such termination, unless the child seeks readmission to the school
district not later than ten school days after the termination in which case the board shall
provide school accommodations to the child not later than three schools days after the
child seeks readmission.
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.
ADMISSION/PLACEMENT Page 2 of 4
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.
(cf. 0521 - Nondiscrimination)
(cf. 5112 - Ages of Attendance)
(cf. 5118.1 Homeless Students)
(cf. 5141 - Student Health Services)
(cf. 6171 - Special Education)
(cf. 6146 - Graduation Requirements)
Legal Reference: Connecticut General Statutes
10-15 Towns to maintain schools
10-15c Discrimination in public schools prohibited. School attendance by
five-year olds, as amended by PA 97-247
10-76a - 10-76g re special education
10-184 Duties of parents (re mandatory schooling for children ages five to
sixteen, inclusive) as amended by PA 98-243, PA 00-157 and PA 09-6)
September Special Session) and PA 18-15
10-186 Duties of local and regional boards of education re school
attendance. Hearings. Appeals to state board. Establishment of hearing
board. Readmission, as amended.
10-220h Transfer of student records, as amended.
P.A. 11-15 An Act Concerning Juvenile Reentry and Education
Appeals to state board. Establishment of hearing board
10-233a - 10-233f Inclusive; re: suspend, expel, removal of pupils
10-233c Suspension of pupils
10-233d Expulsion of pupils
10-233k Notification of school officials of potentially dangerous students.
10-261 Definitions
State Board of Education Regulations
10-76a-1 General definitions (c) (d) (q) (t)
10-76d-7 Admission of student requiring special education (referral)
10-204a Required immunizations
McKinney-Vento Homeless Assistance Act, 42 U.S.C. §11431 et seq.
Plyler vs. Doe, 457 U.S. 202 (1982)
ADMISSION/PLACEMENT Page 3 of 4
Policy adopted: March 12, 2002
Policy revised: May 12, 2009
Policy revised: December 13, 2011
Policy revised: March 30, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
ADMISSION/PLACEMENT Page 4 of 4
5111R(b)
COLCHESTER PUBLIC SCHOOLS
ENROLLEE VERIFICATION OF RESIDENCE FORM
Parent/Legal Guardian Statement
I, (print name)_________________________________________________________________________,
reside at (address)______________________________________________________________________.
I am the parent/legal guardian of: _____________________________________DOB:________________,
who resides with _________________________at (address) ____________________________________.
Phone number:_____________________________.
I certify that the above-named student resides full time (7 days a week) at the above address. (If there is
shared custody, a legal document reflecting at least 50% residency in Colchester will be required.) I
understand that falsification of any information or documents required for this verification may lead to the
disenrollment of the above-named student and may lead to liability for tuition and possible prosecution
under the criminal statutes of the State of Connecticut.
Parent/Legal Guardian signature:_________________________________ Date:____________
FOR OFFICE USE ONLY
In order to verify district residence, the child (if over 18), parents or caregivers, or an emancipated minor
must sign above and provide documents from any of the items listed below:
____ SECTION ONE: Proof of identification (photo ID) Provide ONE.
___a. Driver’s license
___b. Non-Driver photo ID
___c. Valid passport with photo
____ SECTION TWO: Residency verification; Provide TWO current proofs (within 30 days) at an address
within the district in the parent or caregiver's name:
___ a. Current utility bill (water, light, gas or cable) cellphone, or home telephone bill
___ b. Automobile insurance
___ c. Bank or credit card statement
___ d. Current paycheck stub with address of residence
___ e. Deed to home, current mortgage bill, homeowner's property tax statement
___ f. Escrow papers or signed mortgage commitment
___ g. Homeowner's or Renter's insurance policy (policy must be current and in effect)
___ h. Signed rental agreement
If the student and the parent/caregiver are living in a dwelling that is rented or owned, and occupied, by
another person, that person who owns or rents the dwelling must bring documentation mentioned in
Section One, present photo identification and sign the appropriate residency documentation. If you
suspect the family is homeless, please contact the Director of Pupil Services and Special Education for
Colchester Public Schools.
Documents seen by (signature):________________________________________________
Date:______________________________________________________________________
5111(d)
Colchester Public Schools
HOST’S STATEMENT
I hereby certify that ___________________________________________ is my _____________________
(Student’s Name) (Relationship)
and he/she resides with me _______________________________________________________________.
(No. Street) (Telephone #)
I further certify that this is intended as a bona fide permanent address, that this child will be living with me
_______ days and _______ nights per week, and that I am not receiving payment for having this child
reside with me.
I certify that this child is residing with me because ____________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________.
As the host of the student named on this form, and as a resident of the Town of Colchester, I attest to the
accuracy of the information contained in this form. Further, I certify that, as a permanent resident of the
Town of Colchester, the student is eligible for free school privileges. I agree to notify school officials
immediately regarding the termination of the student’s permanent residency in the Town of Colchester, in
which event the student will no longer be eligible for free school privileges. Finally, I understand that,
should the student be found to be attending Colchester Public Schools illegally, the Town of Colchester
reserves the right to recover the costs of such education from me, the undersigned.
I understand that a perjured or fraudulent statement may lead to my prosecution under the criminal statutes
of the State of Connecticut.
I also understand that this document may be used in a court of law as evidence against me.
_______________________________________________ ____________________________
Host’s Signature Date
Witnessed By:
_______________________________________________ _____________________________
Witness (Notary Public) Date
5111(v)
VII. Contact Information
A. Local Contact: for further information, contact:
Director of Special Education and Pupil Services
860-537-3103
B. State contact: for further information or technical assistance, contact:
State Coordinator
Connecticut Department of Education
25 Industrial Park Road
Middletown, CT 06457-1543
(203) 807-2058
12/13/11
5111(dd)
ACKNOWLEDGEMENT OF OPTION TO WITHDRAW
CHILD SEVENTEEN YEARS OF AGE FROM SCHOOL
Pursuant to Section 10-184 of the Connecticut General Statutes.
I __________________________________, of ____________________________________
Name of Parent, Guardian or Other Address
the parent, guardian or other person charged with the care of the following minor child
_____________________________ of ____________________________________, born on
Name of Child Address
_______________________ do hereby elect to withdraw my child from public school.
Date of Birth
Furthermore, before signing this form, a representative of the Colchester school district has met
with me and provided me with information concerning the educational options available in the
school system and the community.
ATTESTMENT BY:
__________________________________________________ __________________________
Signature of School Counselor Date
OR
__________________________________________________ __________________________
Signature of School Administrator Date
ACKNOWLEDGED BY:
__________________________________________________ _________________________
Signature of Parent, Guardian or Other Date
If a child seventeen years of age or older voluntarily terminates enrollment in a school
district and subsequently seeks readmission, the local or regional board of education for the
school district may deny school accommodations to the child for up to ninety school days
from the date of such termination, unless the child seeks readmission to the school district
not later than ten school days after the termination in which case the board shall provide
school accommodations to the child not later than three school days after the child seeks
readmission.
12/13/11
Colchester Public Schools
5111.1P
STUDENTS
FOREIGN EXCHANGE STUDENTS
The Board encourages international studies. To that end, contingent upon space
availability as determined by the school administration, it allows foreign exchange
students on one year J-I visas, who are residing with families in the community to enroll
on a non-tuition basis in the local schools.
Students who apply must not have the equivalent of a high school diploma from a
foreign school system. Students who are accepted and placed in grade 12 will only
receive an honorary diploma. Further, they must meet those criteria established by the
administration in the areas of language competency, residency, and deportment. Only
foreign exchange students sponsored by organizations screened by the administration
will be accepted. No more than two (2) students at the high school may be accepted for
any school year.
Students entering the United States on F-I visas, may enter the local school system, only
upon payment of the full, unsubsidized public education costs before entering the
United States. Further, students on F-I visas may remain in the United States for no
more than twelve (12) months. The local district is prohibited by law from waiving the
tuition fee of students on F-I visas.
Legal Reference: Illegal Immigration Reform and Immigration Responsibility Act of 1996
POLICY ADOPTED: March 12, 2002
REVISED: February 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
FOREIGN EXCHANGE STUDENTS Page 1 of 1
Colchester Public Schools
5113P
STUDENTS
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM POLICY
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, through its Superintendent, will adopt and
maintain procedures to implement this policy.
In addition, the Board of Education takes seriously the issue of chronic absenteeism. To
address this issue, the Board of Education, through its Superintendent, will adopt and maintain
procedures regarding chronic absenteeism in accordance with state law.
Legal References:
Public Act 17-14, An Act Implementing the Recommendations of the Department of
Education
Public Act 16-147, An Act Concerning the Recommendations of the Juvenile Justice
Policy and Oversight Committee
Connecticut General Statutes § 10-220
Connecticut General Statutes § 10-184
Connecticut General Statutes § 10-186
Connecticut General Statutes § 10-198a
Connecticut General Statutes § 10-198b
Connecticut General Statutes § 10-198c
Connecticut General Statutes § 10-198d
Connecticut General Statutes § 10-198e
Guidelines for Reporting Student Attendance in the Public School Information System
(Connecticut State Department of Education, January 2008)
Connecticut State Board of Education Memorandum, Definitions of Excused and
Unexcused Absences (June 27, 2012)
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM POLICY Page 1 of 2
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)
ADOPTED: August 9, 2016
REVISED: May 8, 2018
REVISED: November 13, 2018
NSC
238844v23
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM POLICY Page 2 of 2
Colchester Public Schools
5113R
STUDENTS
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS
I. Attendance and Truancy
A. Definitions for Section I
1. “Absence” - any day during which a student is not considered “in
attendance” at his/her assigned school, or on a school sponsored activity
(e.g. field trip), for at least one half of the school day.
2. “Disciplinary absence” - Any absence as a result of school or district
disciplinary action. Any student serving an out-of-school suspension or
expulsion should be considered absent. Such absence is not considered
excused or unexcused for attendance and truancy purposes.
3. “Educational evaluation” - for purposes of this policy, an educational
evaluation is an assessment of a student’s educational development,
which, based upon the student’s presenting characteristics, would assess
(as appropriate) the following areas: health, vision, hearing, social and
emotional status, general intelligence, academic performance,
communicative status and motor abilities.
4. “Excused absence” - a student is considered excused from school if the
school has received written documentation describing the reason for the
absence within ten (10) school days of the student’s return to school, or if
the child has been excluded from school in accordance with section 10-
210 of the Connecticut General Statutes (regarding communicable
diseases), and the following criteria are met:
a. Any absence before the student’s tenth (10th) absence is
considered excused when the student’s parent/guardian approves
such absence and submits appropriate written documentation in
accordance with this regulation.
b. For the student’s tenth (10th) absence and all absences thereafter,
a student’s absences from school are, with appropriate
documentation in accordance with this regulation, considered
excused only for the following reasons:
i. student illness (verified by an appropriately licensed
medical professional);
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 1 of 16
ii. religious holidays;
iii. mandated court appearances (documentation required);
iv. funeral or death in the family, or other emergency beyond
the control of the student’s family;
v. extraordinary educational opportunities pre-approved by
the district administrators and in accordance with
Connecticut State Department of Education guidance and
this regulation;
vi. lack of transportation that is normally provided by a
district other than the one the student attends.
c. A student, age five (5) to eighteen (18), whose parent or legal
guardian is an active duty member of the armed forces who has
been called for duty, is on leave from or has immediately returned
from deployment to a combat zone or combat support posting,
shall be granted ten (10) days of excused absences in any school
year, and, in the discretion of the administration, additional
excused absences to visit such student’s parent or legal guardian
with respect to the parent’s leave or deployment. In the case of
such excused absences, the student and parent or legal guardian
are responsible for obtaining assignments from the student’s
teacher prior to any period of excused absence, and for ensuring
that such assignments are completed by the student prior to his
or her return to school.
5. “In Attendance” - Any day during which a student is present at the
student’s assigned school, or an activity sponsored by the school, for at
least half of the regular school day.
6. "Student" - a student enrolled in the Colchester Public Schools.
7. "Truant" - any student five (5) to eighteen (18) years of age, inclusive,
who has four (4) unexcused absences from school in any one month or
ten (10) unexcused absences from school in any school year.
8. "Unexcused absence" - any absence from a regularly scheduled school
day for at least one half of the school day, which is not excused or
considered a disciplinary absence.
The determination of whether an absence is excused will be made by the
building principal or his/her designee. Parents or other persons having
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 2 of 16
control of the child may appeal that decision to the Superintendent or
his/her designee, whose decision shall be final.
B. Written Documentation Requirements for Absences
1. Written documentation must be submitted for each incidence of absence
within ten (10) school days of the student’s return to school. Consecutive
days of absence are considered one incidence of absence.
2. The first nine (9) days of absence will be excused upon receipt of a signed
note from the student’s parent/guardian, a signed note from a school
official that spoke in person with the parent/guardian regarding the
absence, or a note confirming the absence by the school nurse or by a
licensed medical professional, as appropriate.
3. For the student’s tenth (10th) absence, and all absences thereafter,
documentation of the absence must be submitted in accordance with
paragraphs 1 and 2 above, and must also include the reason for the
absence and the following additional information:
a. student illness:
i. a signed note from a medical professional, who may be
the school nurse, who has evaluated the student
confirming the absence and giving an expected return
date; or
ii. a signed note from school nurse who has spoken with the
student’s medical professional and confirmed the absence,
including the date and location of the consultation.
b. religious holidays: none.
c. mandated court appearances:
i. a police summons;
ii. a subpoena;
iii. a notice to appear;
iv. a signed note from a court official; or
v. any other official, written documentation of the legal
requirement to appear in court.
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 3 of 16
d. funeral or death in the family, or other emergency beyond the
control of the student’s family: a written document explaining the
nature of the emergency.
e. extraordinary educational opportunity pre-approved by the
district administrators and in accordance with Connecticut State
Department of Education guidance and this policy: written pre-
approval from the administration, in accordance with this
regulation.
f. lack of transportation that is normally provided by a district other
than the one the student attends: none.
4. Neither e-mail nor text message shall serve to satisfy the requirement of
written documentation. In rare and extraordinary circumstances, a
building administrator may, in his/her own discretion, accept the delivery
of written documentation through a scanned copy sent by e-mail.
5. The Colchester Public Schools reserves the right to randomly audit
written documentation received, through telephone and other methods
of communication, to determine its authenticity.
6. Any absence that is not documented in accordance with this regulation
within ten (10) school days after the incidence of absence will be
recorded as unexcused. If documentation is provided within ten (10)
school days, but is incomplete, the building principal may, at his/her own
discretion, grant up to a five (5) school day extension for provision of the
completed documentation.
C. Extraordinary Educational Opportunities
1. To qualify as an extraordinary educational opportunity, the opportunity
must:
a. be educational in nature and must have a learning objective
related to the student’s course work or plan of study;
b. be an opportunity not ordinarily available to the student;
c. be grade and developmentally appropriate; and
d. include content that is highly relevant to the student; while some
opportunities will be relevant to all students, others will contain
very specific content that would limit their relevance to a smaller
group of students.
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 4 of 16
2. Family vacations do not qualify as extraordinary educational
opportunities.
3. All requests for approval of extraordinary educational opportunities
must:
a. be submitted to the building principal in writing prior to the
opportunity, but no later than ten (10) school days prior to the
opportunity except in exceptional circumstances at the discretion
of the building administrator;
b. contain the signatures of both the parent/guardian and the
student;
c. include an outline of the learning objective of the opportunity and
include detail as to how the objective is linked to the student’s
coursework or plan of study; and
d. include additional documentation, where available, about the
opportunity.
4. The building principal shall provide a response in writing and include the
following:
a. either approval or denial of the request;
b. brief reason for any denial;
c. any requirements placed upon the student as a condition of
approval;
d. the specific days approved as excused absences for the
opportunity;
e. the understanding that the building administrator may withdraw
its approval if the opportunity is canceled or the student fails to
meet the agreed-upon requirements of the approval.
5. All decisions of the building principal relating to extraordinary
educational opportunities shall be final.
6. Students who are granted excusal from school to participate in
extraordinary educational opportunities are expected to share their
experiences with other students and/or school staff when they return.
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 5 of 16
7. Approval for an extraordinary educational opportunity is determined on a
case-by-case basis and the analysis of individualized factors. An
opportunity approved for one student may not be approved for another.
D. Truancy Exceptions:
1. A student five (5) or six (6) years of age shall not be considered truant if
the parent or person having control over such student has appeared
personally at the school district office and exercised the option of not
sending the child to school at five (5) or six (6) years of age.
2. A student seventeen (17) years of age shall not be considered truant if
the parent or person having control over such student consents to such
student’s withdrawal from school. Such parent or person shall personally
appear at the school district office and sign a withdrawal form indicating
such consent. Such withdrawal form must include an attestation from a
guidance counselor or school administrator from the school that the
district provided the parent (or person having control of the child) with
information on the educational options available in the school system
and community.
3. If a parent or guardian of an expelled student chooses not to enroll the
student in an alternative program, the student shall not be considered to
be “truant.”
E. Readmission to School Following Voluntary Withdrawal
1. Except as noted in paragraph 2 below, if a student voluntarily withdraws
from school (in accordance with Section D.2, above) and subsequently
seeks readmission, the Board may deny school accommodations to the
student for up to ninety (90) school days from the date of the student’s
withdrawal from school.
2. If a student who has voluntarily withdrawn from school (in accordance
with Section D.2, above) seeks readmission within ten (10) school days of
his/her withdrawal, the Board shall provide school accommodations to
the student not later than three (3) school days after the student
requests readmission.
F. Determinations of Whether a Student is “In Attendance”:
1. A student serving an out of school suspension or expulsion shall be
reported as absent unless he or she receives an alternative educational
program for at least one half of the regular school day. In any event, the
absence is considered a disciplinary absence, and will not be designated
as excused or unexcused.
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 6 of 16
2. On early dismissal days and days shortened due to inclement weather,
the regular school day for attendance purposes is considered to be the
amount of instructional time offered to students on that day. For
example, if school is open for four hours on a shortened day scheduled, a
student must be present for a minimum of two hours in order to be
considered “in attendance.”
3. Students placed on homebound instruction due to illness or injury in
accordance with applicable regulations and requirements are counted as
being “in attendance” for every day that they receive instruction from an
appropriately certified teacher for an amount of time deemed adequate
in accordance with applicable law.
G. Procedures for students in grades K-8*
1. Notification
a. Annually at the beginning of the school year and upon the enrollment
of any child during the school year, the administration shall notify the
parent or other person having control of the student enrolled in
grades K - 8 in writing of the obligations pursuant to Conn. Gen. Stat.
§ 10-184 to ensure that such a student attends school regularly or to
show that the child is elsewhere receiving equivalent instruction in
the studies taught in the Colchester Public Schools.
b. Annually at the beginning of the school year and upon the enrollment
of any child during the school year, the administration shall obtain
from the parent or other person having control of the student in
grades K-8 a telephone number or other means of contacting such
parent or other person during the school day.
2. Monitoring
Each school shall implement a system of monitoring individual unexcused
absences of students in grades K-8. Whenever such a student fails to report
to school on a regularly scheduled school day, school personnel under the
direction of the building principal [or his/her designee] shall make a
reasonable effort to notify the parent or other person having control of such
student by telephone and by mail of the student's absence, unless school
personnel have received an indication that the parent or other person is
aware of the student's absence. (Reasonable efforts shall include two (2)
attempts to reach the parent or other person at the telephone number
provided by the parent or other person. Such attempts shall be recorded on
a form provided by the Superintendent.) Any person who, in good faith, gives
or fails to give such notice shall be immune from liability, civil or criminal,
which might otherwise be incurred or imposed and shall have the same
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 7 of 16
immunity with respect to any judicial proceeding which results from such
notice or failure to give notice.
H. Procedures applicable to students ages five (5) to eighteen (18)
1. Intervention
a. When a student reaches four (4) unexcused absences, the building
principal or his/her designee shall send a letter to the parent (or
other person having control of such student) informing the parent of
the attendance policy. When a student reaches six (6) unexcused
absences, the building principal or his/her designee shall contact the
parent (or other person having control of such student) via phone to
inquire about the absences and, where appropriate, educate the
parent about the attendance policy. When a student reaches eight (8)
unexcused absences or four (4) unexcused absences in a month, the
building principal or his/her designee shall meet with the parent (or
other person having control of such student), discuss support
opportunities for the child, and inform the parent of the laws
associated with educational neglect.
When a student is truant, the building social worker shall schedule a
meeting with the parent (or other person having control of such
student) to review and evaluate the reasons for the student's truancy.
This meeting shall be held no later than ten (10) days after the
student becomes truant and prior to the student referral to the
building-based student intervention team. The district shall document
the meeting, and if a parent or other person declines to attend the
meeting, or is otherwise is non responsive, that fact shall also be
documented and the meeting shall proceed with school personnel in
attendance. The Team, with input from parents when available, shall
develop an attendance plan for the student. The Team will also
consider whether a regular education student should be referred to a
planning and placement team (“PPT”) meeting to review the
student’s need and eligibility for special education. A special
education student who is experiencing attendance problems should
be referred to a PPT meeting for program review.
b. When a student is truant, the Superintendent or his/her designee
shall coordinate services with and referrals of students to community
agencies providing child and family services, as appropriate. The
district shall document efforts to contact and include families and to
provide early intervention in truancy matters.
c. On or before August 15, 2018, if the Commissioner of Education
determines that any school under the jurisdiction of Colchester Board
of Education has a disproportionately high rate of truancy, the district
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 8 of 16
shall implement a truancy intervention model identified by the
Department Education pursuant to Conn. Gen. Stat. § 10-198e.
d. Attendance Records
All attendance records developed by the Board shall include the
individual student’s state-assigned student identifier (SASID). Student
records of attendance shall be recorded in the district student
information system. Unexcused absences beyond nine (9) shall be
recorded with the truancy code (TR).
Loss of credit and failure of courses
A student at William J. Johnston who accumulates twenty (20) or
more unexcused absences in any one course per academic year may
receive a failing grade if that student is unable to exhibit proficiency
of course objectives. The student shall be notified of the loss of credit
prior to the end of the course, and is entitled to a loss of credit
hearing.
A student at Bacon Academy who accumulates ten (10) or more
unexcused absences for a year-long course, or five (5) or more
unexcused absences for a semester course, may lose credit for the
course if the student is unable to exhibit proficiency of course
objectives. The student shall be notified of the loss of credit prior to
the end of the course, and is entitled to a loss of credit hearing.
I. Attendance Records
All attendance records developed by the Board shall include the individual student’s
state-assigned student identifier (SASID).
II. Chronic Absenteeism
A. Definitions for Section II
1. “Chronically absent child” - a child who is enrolled in a school under the
jurisdiction of the Colchester Board of Education and whose total number
of absences at any time during a school year is equal to or greater than
ten percent (10%) of the total number of days that such student has been
enrolled at such school during such school year;
2. “Absence” - an excused absence, unexcused absence or disciplinary
absence, as those terms are defined by the State Board of Education
pursuant to section 10-198b of the general statutes and these
administrative regulations;
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 9 of 16
3. “District chronic absenteeism rate” - the total number of chronically
absent children under the jurisdiction of the Colchester Board of
Education in the previous school year divided by the total number of
children under the jurisdiction of the Board of Education for such school
year; and
4. “School chronic absenteeism rate” - the total number of chronically
absent children for a school in the previous school year divided by the
total number of children enrolled in such school for such school year.
B. Establishment of Attendance Review Teams
Each school in Colchester shall establish an attendance review team to ensure
consistent and on-going review of and support for student attendance.
If the Colchester Board of Education has a district chronic absenteeism rate of
ten percent (10%) or higher, it shall establish an attendance review team for the
school district.
C. Composition and Role of Attendance Review Teams
Any attendance review team established under these regulations may include
school administrators, guidance counselors, school social workers, teachers,
representatives from community-based programs who address issues related to
student attendance by providing programs and services to truants, as defined
under I.A.7, and chronically absent children and their parents or guardians.
Each attendance review team shall be responsible for reviewing the cases of
truants and chronically absent children, discussing school interventions and
community referrals for such truants and chronically absent children and making
any additional recommendations for such truants and chronically absent children
and their parents or guardians. Each attendance review team shall meet at least
monthly.
D. State Chronic Absenteeism Prevention and Intervention Plan
The Colchester Board of Education and its attendance review teams, if any, will
consider any chronic absenteeism prevention and intervention plan developed
by the State Department of Education.
III. Reports to the State Regarding Truancy Data
Annually, each local and regional board of education shall include information regarding
the number of truants and chronically absent children in the strategic school profile
report for each school under its jurisdiction and for the school district as a whole
submitted to the Commissioner of Education. Measures of truancy include the type of
data that is required to be collected by the Department of Education regarding
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 10 of 16
attendance and unexcused absences in order for the department to comply with federal
reporting requirements and the actions taken by the board of education to reduce
truancy in the school district.
Legal References:
Public Act 17-14, An Act Implementing the Recommendations of the Department of Education
Public Act 16-147, An Act Concerning the Recommendations of the Juvenile Justice Policy and
Oversight Committee
Connecticut General Statutes § 10-220
Connecticut General Statutes § 10-184
Connecticut General Statutes § 10-186
Connecticut General Statutes § 10-198a
Connecticut General Statutes § 10-198b
Connecticut General Statutes § 10-198c
Connecticut General Statutes § 10-198d
Connecticut General Statutes § 10-198e
Guidelines for Reporting Student Attendance in the Public School Information System
(Connecticut State Department of Education, 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)
APPROVED: August 9, 2018
REVISED: May 8, 2018
REVISED: November 13, 2018
REVISED: October 15, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 11 of 16
COLCHESTER PUBLIC SCHOOLS
Notice of Attendance Committee Meeting
_____________________________________ Date: ______________
(Name of Parent/Guardian or Student)
_____________________________________
(Name of Parent/Guardian or Student)
_____________________________________
(Name of Parent/Guardian or Student)
Dear _________________________________:
Please be advised that a School Based Attendance Committee meeting will be convened on
behalf of ___________________________________________ DOB: ______________________
(Name of Student)
Date: ____________________ Time: _______________ Location: _______________________
The purpose of this meeting is to address the following attendance issue(s):
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
The following individuals have been invited to attend:
_____________________________________ _______________________________________
Name Committee Chairperson Name Attendance Officer
_____________________________________ _______________________________________
Name Referring Teacher Name Attendance Officer
____________________________________ _______________________________________
Name Committee Member Name Attendance Officer
_____________________________________ _______________________________________
Name Committee Member Name Attendance Officer
Parent participation in this process is very important. Please make every effort to attend.
Sincerely,
_____________________________________ _______________________________________
(Name) (Title)
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 12 of 16
SAMPLE LETTER
^[letter.date]
Dear ^(parentguardian)
Attendance is an essential component to a student’s academic success. Often, the number of days a
student is absent accumulates without parents realizing the impact.
You are receiving this letter because ^(first_name) has reached
^(per.att;HR(A);AB,UA,OS,TR,CA,AA,RH) absences to date. As you may be aware, the State of
Connecticut requires schools to notify parents after a child’s 4th unexcused absence in a month and 10th
unexcused absence in a year. Additionally, following a students’ 9th absence, a doctor’s note is required
to excuse all absences due to illness. At this time, you and your student have an opportunity to work
towards improving attendance without further intervention. Should this pattern continue, however, the
school will request a meeting with yourself and our Social Workers to discuss how we may work with
you in addressing attendance concerns.
Research indicates that all students benefit from attending school regularly. It helps them to feel better
about school and themselves as they foster relationships with peers and staff. Consistent attendance will
also help students do well in high school, college, and at work.
Tips for Improving School Attendance
• Monitor your student’s attendance through PowerSchool and be sure to call ahead about any
absences. Without a written note when your child returns, the absence will automatically be
marked as unexcused.
• There are 180 school days out of 365 total days in the year. Please make every effort to schedule
vacations over summer break or another time school is not in session.
• Missing 10 percent of school (18 days) increases the chance your child may not read or master
academics at the same level as their peers.
• Please consult with the nurse if you are unsure whether your child should be kept home due to
illness. In general, they should remain symptom free for 24 hours without medication before they
return.
Please refer to the attached attendance report for a list of your student’s absences. Should there be any
questions regarding the number of absences accrued or the attendance policy, please do not hesitate to
contact the school. Thank you for your attention to this matter as we look forward to working with you
and your student.
Respectfully,
(Name)
Principal
cc: ^(home_room)
Social Worker
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 13 of 16
ID: ____________________________
Meeting Date: _____________________________
Student: DOB: Age: Grade: Ethnicity: School: CES
Gender (circle): Female Male
Referring Teacher: ___________________
Student Dominant Language: English Other (specify): ______________
Parent/Guardian: _______________________________________
Address: ________________________________
Home Phone: _________________Work Phone: __________________
Parent Dominant Language: English Other (specify):
_____________________________________________________________________________
Committee Chairperson:___________________________ Parent/Guardian:_______________________
Teacher: ________________________________ Nurse: _______________________________________
ATTENDANCE ISSUES:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
LIST OF RECOMMENDATIONS:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
____Check here if additional pages attached
Date of follow-up meeting (if required): ________________________________
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 14 of 16
ATTENDANCE PROCEDURE DOCUMENTATION FORM
Teachers and Administrators
Student Name: __________________________________ School: ______________________________
Homeroom Teacher: ______________________________ Grade: ________
Attempt #1:
Staff member making Name of person whom you attempted Outcome:
contact to contact Method Date Check all that apply
__ Left phone message
__ Sent letter
__ Parent/teacher meeting
Parent response:
__ Favorable outcome
expected
__ Unable to resolve
Attempt #2:
Staff member making Name of person whom you attempted Outcome:
contact to contact Method Date Check all that apply
__ Left phone message
__ Sent letter
__ Parent/teacher meeting
Parent response:
__ Favorable outcome
expected
__ Unable to resolve
If unresolved:
__ No medical documentation available to excuse absences.
__ Medical documentation may or may not be able to excuse absences.
__ Planning and Placement Team meeting scheduled.
__ 504 meeting scheduled
__ Referral to community resources will be made.
__ Other
Comments:
_____________________________________________________________________________________________
___________________________________________________________________________________________
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 15 of 16
REFERRAL
School Based Attendance Committee
Student Name: _______________________________ DOB: ____________ Grade: ______
School: _______________ Parent Name: ____ Home Phone: __________________
Person Completing Form: _________________________________________________ Date: _________________
Attendance Issue (based on Board Attendance Policy)
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Other Issues:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Submit form to School Based Attendance Committee
STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM REGULATIONS Page 16 of 16
Colchester Public Schools
5115P
STUDENTS
ATTENDANCE RECORDS
An accurate attendance record shall be maintained of students’ attendance.
POLICY ADOPTED: March 12, 2002
REVISED: February 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
ATTENDANCE RECORDS Page 1 of 1
Colchester Public Schools
5118P
STUDENTS
NONRESIDENT ATTENDANCE
It is the policy of the Colchester Board of Education that any child of school age who is a
resident in the Town of Colchester, as defined by statute and in the regulations of this
policy, may attend the Colchester Public Schools. By Connecticut statute, the town of
Colchester is required to provide school accommodations to students who are
permanent residents of Colchester. Residency must be permanent, provided without
pay and not for the sole purpose of obtaining school accommodations. The burden of
proof in determining student residency shall be on the party claiming residency. For the
purposes of determining “permanent residency,” and whether such residency is
“provided without pay,” a child will be considered a permanent resident under the
following conditions:
1. The child resides full time with his/her parent(s)/guardian(s) who is a bona fide
resident of Colchester.
2. In the case of a child whose parents are divorced or separated, the child will be
entitled to school accommodations in the school district where he or she actually
resides and spends the majority of his/her time irrespective of an award of legal
custody to one or both parents.
3. The child is a legally emancipated minor or eighteen (18) years of age or older and is
a bona fide resident of Colchester.
4. Any child placed out by the Commissioner of Children and Families or by other
agencies or persons or any child in a temporary shelter as provided for under Section
10-253(a) of the General Statutes of Connecticut.
5. A child residing with relatives or non-relatives as provided for under Section 10-
253(d) of the General Statutes of Connecticut if the residency is to be permanent,
provided without pay and not for the sole purpose of obtaining school
accommodations.
Proof of residency, as detailed in the regulations of this policy, will be required upon
initial registration for all children. The Colchester Board of Education reserves the right
to ask for additional proof of residency at the time of initial registration or after the time
of initial registration in the event that such residency is called into question.
A child who does not reside in the Town of Colchester may be eligible to attend the
Colchester Public Schools under certain conditions as defined in the regulations of this
policy and in accordance with state and federal law.
NONRESIDENT ATTENDANCE Page 1 of 2
If in the opinion of the Superintendent or his/her designee or the Board of Education, a
student resides in Colchester for the primary purpose of obtaining a free public
education, or if the student has not established permanent residency, that student shall
not be permitted to be enrolled or to continue enrollment in the Colchester Public
Schools.
In the case in which a student is determined to have been ineligible for services, it is the
right of the Colchester Public Schools to collect reimbursement from the
parent/guardian for any assessed costs of said schooling rendered during the time of
enrollment.
Legal References:
Connecticut General Statutes
4-176e-through 4-185 Uniform Administrative Procedure Act
10-186 Duties of local and regional Boards of education re school attendance. Hearing
Appeals to state Board. Establish of hearing Board.
10-253 School privileges for students in certain placements and temporary shelters.
McKinney Vento Homeless Assistance Act, 42 USC 11431 et seq
POLICY ADOPTED: December 12, 2000
REVISED: December 9, 2003
REVISED: March 12, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
NONRESIDENT ATTENDANCE Page 2 of 2
Colchester Public Schools
5118R
STUDENTS
NONRESIDENT ATTENDANCE
A child will be considered to be a resident of Colchester for the purpose of receiving
school accommodation provided to by the Colchester Board of Education without
payment of tuition under the following conditions:
1. The child resides with his/her parents or a parent who is a bona fide resident of
Colchester.
2. In the case of a child whose parents are divorced or separated, the child will be
entitled to school accommodations in the school district where he or she actually
resides and spends the majority of his/her time irrespective of an award of legal
custody to one or both parents. An award of custody to a particular parent may be
considered as one indicia of where the child actually resides.
3. The child resides with a legally appointed guardian who is a bona fide resident of
Colchester. The guardian or guardians will be asked to provide a court order
indicating appointment as guardian of the student.
4. The child is a legally emancipated minor or eighteen (18) years of age or older and is
a bona fide resident of Colchester. The child will be asked to provide legal
documentation proving emancipation.
5. A child who resides in a dwelling physically located in Colchester and another
Connecticut town shall be considered a resident of Colchester or the other town in
which the dwelling is located and may attend school in Colchester or the other town.
Dwelling for these purposes means a single, two or three family house or
condominium unit.
6. Any child placed out by the Commissioner of Children and Families or by other
agencies or persons as provided for under Section 10-253 (a) of the General Statutes
of Connecticut. Payment of tuition for such education shall be made by the Board of
Education of the school district under whose jurisdiction such child would otherwise
be attending school where such a school district is identified.
NONRESIDENT ATTENDANCE Page 1 of 11
7. Any child in a temporary shelter as provided for under Section 10-253(e)(2) of the
General Statutes of Connecticut. Payment of tuition for such education shall be
made by the school district in which the child would otherwise reside, if identified
and notified. 2
8. A child residing with relatives or non-relatives as provided for under Section 10-
253(d) of the General Statutes of Connecticut if the residency is to be permanent,
provided without pay and not for the sole purpose of obtaining school
accommodations:
a. Permanent -“Permanent residency” shall be defined as one who resides in
Colchester and who has a present intention to remain within Colchester
indefinitely.
b. Provided by the Colchester Relative or Non-Relative without Payment or
Compensation by the Child’s Parent or Legal Guardian - Pay shall include any
monetary remuneration from a parent for the support of a child either to the
relative or nonrelative but does not include gifts for purposes other than support.
Pay does not include maintaining the child’s health insurance, taking the child as a
deduction for income tax purposes or making support payments according to a
court order.
c. Not for the Sole Purpose of Obtaining School Accommodations in the Colchester
Public School System - as determined by individual facts and circumstances. The
Board of Education or its designee may require documentation, including sworn
affidavits, from the parent/guardian, emancipated minor or student eighteen
years of age or older or relative or non-relative that the residence is to be
permanent, provided without payment or compensation and not for the sole
purpose of obtaining school accommodations provided that prior to any request
for documentation of a child’s residency, the Board of Education shall provide a
written statement specifying the basis upon which the Board has reason to believe
that such child, emancipated minor or pupil eighteen (18) years of age or older is
not entitled to school accommodations provided by the Colchester Public Schools.
Evidence of Permanency and Residency
Factors that may be used as evidence of permanency and residency or the lack
thereof, include, but not limited to the following:
NONRESIDENT ATTENDANCE Page 2 of 11
1. The child lives and sleeps seven (7) days a week, twelve (12) months a year at the
Colchester address, with his or her natural or legally adoptive parent(s) or
guardian(s).
2. The child lives and sleeps seven (7) days a week, twelve (12) months a year in
Colchester and is an emancipated minor or an adult.
3. The child of divorced/separated parents spends 50% or more of his/her time with a
parent residing in Colchester.
4. Statements of the person with whom the child is living, the child, and the child's
parents as to their intention concerning residency;
5. Statements as to the purpose of the residence indicating whether or not permanent
residence exists;
6. Legal documents, court orders or other signed agreements or documents e.g.,
guardianship agreement revocable at will, which may indicate arrangement is not
permanent;
7. Legal relationships: child to host family; legal guardianship; emancipation or
termination of parental rights; pending adoption proceedings;
8. Exercise of parental control: a. Decisions as to the child's education; b. Decisions on
medical care; c. Signature on disciplinary notices, report cards, permission slips,
absence notices; d. Attendance at parent-teacher conferences, and other school
events;
9. Financial responsibility: a. Health or other insurance coverage; b. Income tax claim
as dependent;
10. Where the child has: a. His/her bedroom--at parents' or host family or both; b.
Clothes, personal belongings;
11. Where the child spends the majority of his/her time, the weekends, holidays, school
vacations, summer vacation, and how often the child visits parents or parents visit
child;
12. How long it has been since child lived with parents.
Note that neither any single factor nor combination of factors guarantees a finding of
residency. Being a land owner, tax payer, or business owner in Colchester does not
NONRESIDENT ATTENDANCE Page 3 of 11
confer residency privileges for school purposes absent additional adequate proof of
residency.
Student Registration
The parent/legal guardian enrolling their child shall complete appropriate sections of
the Student Registration form, complete any applicable affidavits, and submit required
documentation establishing residency at the time of registration. Updated student
information is to be supplied annually on forms provided by the school at the beginning
of each school. Any subsequent changes, most notably a change in a student’s address,
are required to be reported to a student’s school in writing at the time of change.
Verification of Residency
Verification of residency shall be required in Grades Pre-K through twelve at the time of
initial registration and/or the expiration of a mortgage or lease, or upon request by
administration when there is a suspicion that there has been a change in residency or in
circumstances that otherwise previously qualified a student for school accommodations.
Verification of residency shall include presentation of multiple documents confirming
residency. The following is required: 1) for homeowners: mortgage or deed or tax bill ,
and for renters: lease or rental agreement signed by the landlord with landlords contact
phone number, and 2) two recent utility bills in the same name and to the same address
(for land line telephone, water, electric, gas, oil or cable television – not cellphone), and
3) if applicable, any notarized affidavits, or legal or court documentation
proving/attesting to residency, guardianship, adoption, custody, emancipation, etc. (see
registration form).
Individuals who are registering or renewing the registration for a relative or nonrelative
who is residing with them in Colchester will be required annually to complete affidavits
provided by the district. In order to prove residency, the law requires the mutual intent
of the relative or nonrelative and the child or the parent or guardian that the residence
is (1) permanent, (2) provided without pay and 3) not for the sole purpose of free school
accommodations.
No one factor or combination of factors guarantees a finding of residency. A
determination of residency involves both a quantitative and qualitative assessment of
the documentation presented.
NONRESIDENT ATTENDANCE Page 4 of 11
The Board of Education or its designee reserves the right to request additional proof of
residency and/or to deny enrollment if the documentation submitted is adjudged to be
insufficient to establish residency in Colchester.
In those situations where the child is denied school accommodations by the building
administrator, the parent/guardian, emancipated minor or pupil eighteen (18) years of
age or older shall be provided with a written notice specifying the basis under which the
child is not being allowed to enroll and the right to appeal to the Board of Education as
provided under student dis-enrollment.
1. Enrollment/Reenrollment of Students who transfer from Unified School District # 1
or # 2
Any student who transfers from Unified School District #1 or #2 shall be immediately
enrolled in district, and if the student attended a Colchester Public School prior to
enrollment in District #1 or #2, he/she should be reenrolled in his/her previous
school provided the school has the appropriate grade level for such student.
2. Enrollment /Disenrollment of Homeless Students
Students who are homeless will be enrolled in accordance with state and federal law
governing children and youth in homeless situations.
3. Voluntary Termination of Enrollment by Students Seventeen (17) Years of Age or
Older
Whenever a student seventeen (17) years of age or older voluntarily terminates
enrollment in a school district and subsequently seeks readmission not later than
ten (10) days after termination, the Board shall provide school accommodations to
such child not later than three (3) school days after the student seeks readmission. If
the student seeks readmission after ten (10) school days, the Board may deny school
accommodations for up to ninety (90) days from the date of termination.
Student Dis-Enrollment: Investigation
Where there is reasonable doubt by the building administrator as to the permanent
residence of a child, or there is a belief or suspicion that there is a change in
circumstances that otherwise existed to qualify a child for school accommodations in
the Colchester Public Schools, the administrator shall collect as much information as
possible to substantiate the claim against continuation of school accommodations and
review that information with the Superintendent or a designee. As part of this process,
the administrator in accordance with state and federal law and Board policy may
NONRESIDENT ATTENDANCE Page 5 of 11
request additional information from the parent or guardian, the emancipated student
pupil who is eighteen (18) years of age or older or the relative or nonrelative with whom
the student purports to live in Colchester. If after a review of the information collected,
a determination is made that the child is not eligible for continued enrollment, the
parent or guardian, emancipated child or pupil eighteen years of age or older shall be
advised by the administrator to withdraw the student.
Assessment of Tuition/Civil Remedies
In the event it is determined that a child is not legally entitled to be provided school
accommodation by the Colchester Board of Education without the payment of tuition,
the Colchester Board of Education may, pursuant to Connecticut General Statute S10-
186 assess the child’s parent or guardian for tuition for that period of time that the child
was not legally entitled to attend the Colchester Public Schools and may seek civil
remedies to collect any unpaid assessments of tuition.
Denial of School Accommodations: Notification
1. The Superintendent shall notify the parent or guardian, emancipated child or a pupil
eighteen (18) years of age or older in writing by regular mail and certified mail,
return receipt requested, and a where deemed appropriate, additionally be hand
delivery, that an investigation discloses that the child is not legally enrolled in
school. This notice shall be sent to the actual address, if known, or the address of
record, of the parent or guardian, emancipated child or other individual(s) listed as
the responsible party on school records. The notice shall include a statement
informing the parent or guardian, emancipated child or pupil eighteen (18) years of
age or older of their right to request a hearing before the 6 Board of Education in
accordance with Connecticut General Statutes Section 10-186. This letter shall set
forth the manner in which a hearing shall be requested and shall set a date by which
a hearing must be requested in writing.
2. The Superintendent shall advise the Board of Education under whose jurisdiction it
claims such child should be attending school of its denial of school accommodations
in Colchester. The Superintendent shall provide such notification by sending a copy
of the denial of accommodations letter to the Superintendent of Schools in the
school district(s) where the student is believed to reside.
3. If no written request for a hearing is received by the Superintendent from the parent
or guardian, emancipated child or pupil eighteen (18) years of age or older by the
date specified in the denial of accommodations letter, then the child shall no longer
NONRESIDENT ATTENDANCE Page 6 of 11
be permitted to attend classes and all school books and equipment are to be
returned by that date to the office of the administrator.
4. If a timely written request for a hearing is submitted by the parent or guardian,
emancipated child, or pupil eighteen (18) years of age or older, the child may
continue to attend school upon request to do so until the Board has completed the
hearing and made its decision.
Request for a Board Hearing/Hearing Procedures
1. The Board of Education shall conduct a hearing within ten (10) days after receipt of a
written request from the parent, guardian or emancipated child or pupil eighteen
years of age or older for a hearing and the hearing shall be conducted in accordance
with the provisions of Sections 4-176e to 4-180a, inclusive, and 4-181a of the
General Statutes of Connecticut.
2. A written notice of a hearing shall be sent by the Board to the parent or guardian,
emancipated child or pupil eighteen (18) years of age or older and shall include:
a. A statement of the date, time, place and nature or the hearing;
b. A statement of the legal authority and jurisdiction under which the hearing is to
be held;
c. A reference to the particular sections of the statutes and regulations involved;
d. A short and plain statement of the matters asserted.
e. A statement advising the parent or guardian of the right to be represented by
counsel, to present evidence and argument, to have witnesses on their behalf
and to cross-examine witnesses presented by the administration.
3. The party claiming eligibility for school accommodations shall have the burden of
proving such eligibility by a preponderance of evidence.
4. The Board of Education shall make a stenographic record or tape recording of such
hearing.
5. The Board of Education shall render a finding within ten (10) days after the hearing,
and provide a written copy of its decision to the parties in accordance with Sections
4-176e to 4-180a, inclusive, and 4-181a of the General Statutes of Connecticut.
NONRESIDENT ATTENDANCE Page 7 of 11
6. If the decision of the Board is that the child is a Colchester resident entitled to school
accommodations, the pupil shall be allowed to continue enrollment and no record of
these proceedings will be kept in the pupil's cumulative file.
7. If the decision of the Board is that the student is a nonresident and not entitled to
school accommodations
a. and the student has remained in school pending the outcome of the Board
hearing, he/she may elect to continue attending school for twenty (20) more
days from the date the Board’s decision was mailed; the twenty (20) days
represents the time period in which an appeal of the decision may be lodged;
once the appeal period has lapsed and if no appeal has been initiated, the child
shall not be permitted to continue to attend school in the Colchester Public
Schools and all school books and equipment are to be returned to the office of
the administrator;
b. Once it is determined that the child is not legally permitted to continue to attend
school, and if the student continues to attend passed the appeal period, the
Superintendent, on behalf of the Board, may avail itself of any appropriate, legal
and available measures, including but not limited to referral to the police.
8. If an appeal is not taken to the State Board of Education within twenty (20) days of
the mailing of the finding of the Colchester Board of Education to the aggrieved
party, the decision of the Colchester Board of Education shall be final.
Appeal of Board of Education Decision
1. A parent, guardian or emancipated child or pupil eighteen (18) years of age or older
may appeal the decision to the State Board of Education within twenty (20) days of
the mailing of the decision by the Board of education. Any child, emancipated minor
or pupil eighteen (18) years of age or older who is denied accommodations by a
board of education may continue in attendance in the school district, at the request
of the parent or guardian emancipated child or pupil pending a determination of
such appeal. If such an appeal is not brought within the twenty (20) days, then the
Board of Education decision becomes final.
2. A copy of each notice of appeal shall be filed simultaneously with the Colchester
Board of Education and the State Board of Education.
NONRESIDENT ATTENDANCE Page 8 of 11
3. Any such parent, guardian, emancipated minor, or pupil eighteen (18) years of age
or older, or agent or officer, aggrieved by the finding shall, upon request, be
provided with a transcript of the hearing within thirty (30) days after such request.
4. The Colchester Board of Education shall, within ten (10) days after receipt of notice
of an appeal, forward the record of the hearing to the State Board of Education.
5. The State Board of Education shall on receipt of a written request for a hearing
made in accordance with the provisions of this subsection, establish an impartial
hearing board of one or more persons to hold a public hearing in the Colchester
School District.
6. The hearing board shall render its decision within forty-five (45) days after receipt of
the notice of appeal except that an extension may be granted by the commissioner
of education upon an application by a party or the hearing board describing
circumstances related to the hearing which requires an extension.
7. If the hearing board of the State Board of Education makes a determination that the
child was not a resident of the Colchester School District and, therefore, not entitled
to school accommodations by the Board, the Board may assess tuition (based upon
one onehundred-eightieth of the town’s net current local education expenditure, as
defined in CGS 10-261, per pupil multiplied by the number of days of school
attendance of the child in the district while not entitled to school accommodations
provided by the district) against the parent, guardian emancipated child or pupil
eighteen (18) years of age or older, as provided by law. The Board may seek to
recover such amount through available civil remedies.
8. A parent, guardian or the student with legal standing aggrieved by the decision of
the State Board of Education may appeal to the Superior Court according to C.G. S.
10-187, and may file with the State Board of Education within fifteen (15) days after
personal delivery or mailing of the final decision, a petition for reconsideration of
the final decision in accordance with C. G.S 4-181a.
Non-Resident Students
1. Children who are not bona fide residents of Colchester may be permitted to attend
Colchester public schools at the discretion of the Colchester Board of Education, or
the Superintendent, or their designees, upon such terms as said Board shall establish
on a space available basis. Said terms may include the payment of appropriate
tuition as determined by the Colchester Board of Education. Non-resident students
NONRESIDENT ATTENDANCE Page 9 of 11
who are permitted to attend Colchester schools shall be responsible to provide their
own transportation to and from school.
2. When a family moves from Colchester during the school year, a child may continue
to attend the Colchester school he/she was attending for the remainder of the
school year under the following terms and conditions:
a. The family will be required to pay tuition on a pro-rated basis for the balance of
the school year if the family moves from Colchester prior to May 1st of any
school year. Seniors who have attended the Colchester Public Schools since
grade 9 may be allowed to complete their senior year without payment of tuition
if the family moves on or after the second semester. Exceptions for hardship
cases may be made at the discretion of the Superintendent.
b. The family will not be required to pay tuition for the balance of the school year if
the family moves from Colchester on or after May 1st of any school year.
c. In all cases where a student continues in attendance in the Colchester public
schools after his/her family moves from Colchester, responsibility for
transportation to and from Colchester must be provided by the family.
3. Children who are citizens of a foreign country may be permitted to attend the
Colchester public schools without payment of tuition, if they are participants in a
foreign student exchange program, have not completed a secondary program in
their native country, reside in Colchester and are approved by the Superintendent.
4. The decision regarding the residency status of any child shall be made by the
Superintendent. At the end of each school year, the Superintendent will review the
status of each non-resident child enrolled pursuant to this policy for approval or
denial for the ensuing school year.
Tuition for Non-resident Students
1. Tuition rates shall be based annually upon a calculation conducted on data available
for September 1st of the year in which services are received by a non-resident.
2. The total amount assessed per student shall be equal to the Minimum Expenditure
Amount (M.E.A.) for the proper grade level and/or program within which he/she is
placed.
3. Tuition fees will be prorated and payable in advance the first of every month.
4. In the event of a default of payment, educational services shall cease.
NONRESIDENT ATTENDANCE Page 10 of 11
Legal References:
Connecticut General Statutes
4-176e-through 4-185 Uniform Administrative Procedure Act
10-186 Duties of local and regional Boards of education re school attendance. Hearing
Appeals to state Board. Establish of hearing Board.
10-253 School privileges for students in certain placements and temporary shelters.
McKinney Vento Homeless Assistance Act, 42 USC 11431
REGULATION ADOPTED: March 12, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
NONRESIDENT ATTENDANCE Page 11 of 11
Colchester Public Schools
5118.1P
STUDENTS
HOMELESS CHILDREN AND YOUTH POLICY
Homeless Students
The Board shall make reasonable efforts to identify homeless children and youths within the
district, encourage their enrollment in school and eliminate existing barriers to their education,
which may exist in district policies or practices, in compliance with all applicable federal and state
laws.
The District administration shall attempt to remove existing barriers to school attendance
by homeless children or youth, which may include:
1. Records - The selected school for the homeless student shall enroll the child or
youths even in the absence of records normally required for enrollment. The last
school in which the student was enrolled shall be contacted to obtain records.
2. Other enrollment requirements that may constitute a barrier to the education of
the homeless child or youth may be waived at the discretion of the Superintendent.
3. Grade Level Placement - If the District is unable to determine the student's grade
level due to missing or incomplete records, the District shall administer tests or
utilize other reasonable means to determine the appropriate grade level for the
child.
4. Fees and charges, which may present a barrier to the enrollment or transfer of
a homeless child or youth, shall be waived.
5. Transportation services must be comparable to those provided other students in
the selected school. Transportation shall be provided to the student's school of
origin in compliance with federal and state regulations.
6. Official school records, policies, and regulations shall be waived at the discretion of
the Superintendent, in compliance with federal and state regulations.
7. Immunization Records - The District shall make a reasonable effort to locate
immunization records from information available. The District's liaison shall assist
the parent/guardian in obtaining the necessary immunizations and records. The
District shall arrange for students to receive immunizations through health agencies
and at District expense if no other recourse is available. Immunizations may,
however, be waived for homeless youth only in accordance with provisions of
Board of Education policy on immunizations.
HOMELESS CHILDREN AND YOUTH POLICY Page 1 of 4
8. Other barriers to school attendance by homeless children or youth may be waived
at the discretion of the Superintendent of Schools.
Further, it is the policy of the Board of Education that no child or youth shall be discriminated
against or stigmatized in this school district because of homelessness. Homeless students, as
defined by federal and state statutes, residing within the district or residing in temporary shelters
in the district are entitled to free school privileges.
Homeless students shall not be separated from the mainstream school environment on the basis
of their homelessness. Such students shall have access to education and other services they need
to meet the same challenging State academic standards to which all students are held.
Homeless students within the district not placed in a shelter remain the district's responsibility to
provide continued educational services. Such services for the child may be:
1. continued in the school ("school of origin") that the student attended when
permanently housed or the school of last enrollment; or
2. provided in the school that is attended by other students living in the same
attendance area where the homeless child lives.
To the extent feasible, a homeless child will be kept in the school of origin, unless it is against the
wishes of the parent/guardian. If placement in the school of origin is not feasible,
the homeless student must be placed in the school that is attended by other students living in the
same attendance area in which the homeless child lives.
The District will provide a written explanation, including the right to appeal, whenever the District
sends a homeless student to a school other than the school of origin, a school requested by the
parent/guardian or unaccompanied youth.
Homeless children shall be provided educational services that are comparable to those provided to
other students enrolled in the District, including but not limited to, Title I, transportation services,
compensatory educational programs, gifted and talented, special education, ESL, health services
and food and nutrition programs, and preschools operated by the District, if they meet the
established criteria for these services.
The Superintendent of Schools shall refer identified homeless children under the age of eighteen
who may reside within the school district, unless such children are emancipated minors, to the
Connecticut Department of Children and Families (DCF).
The district administration shall attempt to remove existing barriers to school attendance
by homeless emancipated minors and youth eighteen years of age:
1. The selected school for the homeless child shall enroll the child, even in the
absence of records normally required for enrollment. The last school enrolled shall
be contacted to obtain records.
2. Other enrollment requirements that may constitute a barrier to the education of
the homeless child or youth may be waived at the discretion of the Superintendent.
If the district is unable to determine the student's grade level due to missing or
HOMELESS CHILDREN AND YOUTH POLICY Page 2 of 4
incomplete records, the district shall administer tests or utilize other reasonable
means to determine the appropriate grade level for the child.
3. Fees and charges, which may present a barrier to the enrollment or transfer of
a homeless child or youth, may be waived at the discretion of the Superintendent.
4. Transportation services must be comparable to those provided other students in
the selected school. Transportation shall be provided to the student's school of
origin in compliance with federal and state regulations. If the school of origin is in a
different school district from where the homeless child or youth is currently living,
both school districts shall agree on a method for sharing the responsibility and
costs, or share the costs equally.
5. Official school records policies and regulations shall be waived at the discretion of
the Superintendent, in compliance with federal statutes.
6. The district shall make a reasonable effort to locate immunization records from
information available. The District's liaison shall assist the parent/guardian in
obtaining the necessary immunizations and records. The District shall arrange for
students to receive immunizations through health agencies and at District expense
if no other recourse is available. Immunizations may, however, be waived
for homeless youth only in accordance with provisions of Board of Education policy
on immunizations.
7. The Board will provide any homeless student, who is not in the physical custody of
a parent/guardian, full access to his/her educational records, including medical
records, in the Board's possession.
8. Other barriers to school attendance by homeless children or youth may be waived
at the discretion of the Superintendent of Schools.
9. The District will treat information about a homeless child or youth's living situation
as a student education record subject to the protections of the Family Educational
Rights and Privacy Act (FERPA). Such information shall not be deemed to be
directory information.
The District's educational liaison for homeless children is the Director of Pupil Services and Special
Education. The liaison must assist homeless children and youth, as described within the
administrative regulations, in the placement/enrollment decisions, considering the youth's wishes
and provide notice of appeal under the Act's enrollment disputes provisions. The liaison shall also
participate in State provided professional development programs for local liaisons.
Students residing in a temporary shelter are entitled to free school privileges from the district in
which the shelter is located or from the school district where they would otherwise reside if not
for the placement in the temporary shelter. The district in which the temporary shelter is located
shall notify the district where the student would otherwise be attending. The district so notified
may choose to either:
1. continue to provide educational services, including transportation between the
temporary shelter and the school in the home district; or
2. pay tuition to the district in which the temporary shelter is located.
HOMELESS CHILDREN AND YOUTH POLICY Page 3 of 4
The Superintendent shall develop regulations, to ensure compliance with applicable statutes in the
implementation of this policy.
Legal Reference: Connecticut General Statutes
10-253(e) School privileges for children in certain placements, non-resident children and children
in temporary shelters. (as amended by PA 17-194)
17a 101 Protection of children from abuse. Reports required of certain professional persons.
When child may be removed from surroundings without court order.
17a 103 Reports by others.
17a 106 Cooperation in relation to prevention, identification and treatment of child abuse and
neglect.
46b 120 Definitions.
PA 17-194 An Act Concerning Access to Student Records for Certain Unaccompanied Youths.
McKinney-Vento Homeless Assistance Act, (PL 107-110-Sec 1032) 42 U.S.C. §11431-11435, as
amended by the ESSA, P.L. 114-95.
Federal Register: McKinney-Vento Education for Homeless Children and Youths Program, Vol. 81,
No. 52, 3/17/2016.
Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education
Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g.)
Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. Implementing FERPA enacted as
part of 438 of General Educ. Provisions Act (20 U.S.C. 1232g) parent and student privacy and other
rights with respect to educational records, as amended 11/21/96, and Final Rule 34 CFR Part 99,
December 9, 2008, December 2, 2011.
POLICY ADOPTED: January 14, 2003
REVISED: January 13, 2015
REVISED: September 4, 2018
REVISED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
HOMELESS CHILDREN AND YOUTH POLICY Page 4 of 4
Colchester Public Schools
NONSUBSTANTIVE CHANGES
5118.1R
STUDENTS
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH
In accordance with federal law, the Colchester Board of Education does not permit
discrimination against, segregation of, or stigmatization of, homeless children and youth.
The following sets forth the procedures 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 regulations with respect to homeless children and youth, the
provisions of law shall control.
I. Definitions:
A. Enroll and Enrollment: includes attending classes and participating fully in
school activities.
B. Homeless Children and Youth: means children and youth twenty-one (21)
years of age and younger who lack a fixed, regular, and adequate
nighttime residence, including children and youth who:
1. Are sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason.
2. Are living in motels, hotels, trailer parks or camping grounds due to
the lack of alternative adequate accommodations.
3. Are living in emergency or transitional shelters.
4. Are abandoned in hospitals.
5. Are awaiting foster care placement.
6. Have a primary nighttime residence that is a public or private place
not designed for or ordinarily used as a regular sleeping
accommodation for human beings.
7. Are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings.
8. Are migratory children living in the above described circumstances.
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 1 of 15
C. School of Origin: means the school that a homeless child or youth
attended when permanently housed or the school in which the homeless
child was last enrolled.
D. Unaccompanied Youth: means a youth not in the physical custody of a
parent or guardian.
II. Homeless Liaison:
A. The District’s Homeless Liaison is the Director of Pupil Services and Special
Education, 860-537-3103.
B. The duties of the Homeless Liaison include:
1. Ensuring that homeless children and youth are identified by school
personnel and through coordination activities with other entities
and agencies.
2. Ensuring that homeless children and youth enroll in, and have full
and equal opportunity to succeed in, the District’s schools.
3. Ensuring that homeless families, children, and youths receive
educational services for which such families, children and youth are
eligible.
4. Ensuring that parents and guardians of homeless children and
youth are informed of educational and related opportunities
available to their children, and are provided with meaningful
opportunities to participate in the education of their children.
5. Ensuring that public notice of the educational rights of homeless
children and youth is disseminated in places in which these children
and youth receive services under the McKinney-Vento Act.
6. Ensuring that enrollment disputes are mediated in accordance with
the McKinney-Vento Act.
7. Ensuring that parent(s)/guardian(s) of homeless children and youth
or unaccompanied youth are fully informed of all transportation
services, including transportation to and from the school of origin,
and are assisted in accessing those services.
8. Assisting homeless children and youth in enrolling in school and
accessing school services.
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 2 of 15
9. Informing parent(s)/guardian(s) of homeless children and youth,
school personnel, and others of the rights of such children and
youth.
10. Assisting homeless children and youth who do not have
immunizations or immunization/medical records to obtain
necessary immunizations or immunization/medical records.
11. Assisting unaccompanied youth in placement/enrollment decisions,
including considering the youth’s wishes in those decisions, and
providing notice to the youth of his or her right to appeal such
decisions.
12. Ensuring that homeless children and youth and unaccompanied
youth are immediately enrolled in school pending resolution of
disputes that might arise over enrollment or placement.
13. Collaborating and coordinating with State Coordinators for the
Education of Homeless Children and Youth and community and
school personnel responsible for providing education and related
support services to homeless children and youth.
III. Enrollment of Homeless Children and Youth:
A. Enrollment of homeless children and youth may not be denied or delayed
due to the lack of any document normally required for enrollment.
However, administrators shall require the parent/guardian to provide
contact information prior to enrollment.
B. To facilitate enrollment administrators:
1. May permit parents/guardians of homeless children and youth to
sign affidavits of residency to replace typical proof of residency.
2. May permit unaccompanied youth to enroll with affidavits to
replace typical proof of guardianship.
3. Shall refer parent/guardian/unaccompanied youth to the Liaison
who will assist in obtaining immunizations.
4. Shall contact previous schools for records and assistance with
placement decisions.
5. Shall maintain records so that the records are available in a timely
fashion when the student enters a new school or school district.
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 3 of 15
IV. School Selection:
A. Standards for School Selection:
1. The District is required to make a determination as to the best
interests of a homeless child or youth in making a determination as
to the appropriate school of placement.
2. In making such a determination, the District is required to keep a
homeless child or youth in his/her school of origin for the duration
of homelessness when a family becomes homeless between
academic years or during an academic year; or for the remainder of
the academic year if the child or youth becomes permanently
housed during an academic year, to the extent feasible, unless it is
against the wishes of the parent or guardian. Otherwise, the
homeless child or youth shall be enrolled in a public school that
non-homeless students who live in the area where the child or
youth is actually living are eligible to attend.
B. Procedures for Review of School Selection Recommendation:
1. The Principal or his/her designee of the school in which enrollment
is sought review an enrollment request in accordance with the
standards discussed above, and shall make an initial
recommendation regarding same. If the Principal or his/her
designee's recommendation is to select a placement other than the
school desired by the parent(s) or guardian(s) of the homeless child
or youth or the unaccompanied youth, then the Principal or his/her
designee shall refer the matter to the Superintendent or his/her
designee for review of the recommendation and the reasons
therefor, and shall notify the District’s Homeless Liaison of same.
2. The Superintendent or his/her designee shall review the matter and
consult with the District Homeless Liaison concerning same. If the
Superintendent or his/her designee agrees with the
recommendation of the Principal or his/her designee, and a dispute
remains between the District and the parent(s) or guardian(s) of a
homeless child or youth or an unaccompanied youth about a school
selection and/or enrollment decision; the Superintendent or
his/her designee shall provide the parent(s) or guardian(s) of a
homeless child or youth or an unaccompanied youth with a written
explanation of the District's decision regarding this matter, and the
right to appeal such decision to the Board of Education.
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 4 of 15
C. Dispute Resolution Process:
1. The District’s Homeless Liaison shall be responsible for promoting
objective and expeditious dispute resolutions, and adherence to
these administrative regulations.
2. If the parent(s) or guardian(s) of a homeless child or youth or an
unaccompanied youth disputes the school placement decision or
enrollment, the District must immediately enroll the homeless child
or youth in the school in which enrollment is sought, pending
resolution of the dispute. The homeless child or youth shall also
have the right to all appropriate educational services, including
transportation to and from the school in which enrollment is
sought, while the dispute is pending.
3. If necessary, the District Homeless Liaison shall assist parent(s) or
guardian(s) of a homeless child or youth or an unaccompanied
youth with completion of the necessary appeal paperwork required
to file for an appeal to the Board of Education, and provide the
parent(s) or guardian(s) of a homeless child or youth or an
unaccompanied youth with a copy of Section 10-186(b).
4. Within ten (10) days of receipt of an appeal to the Board of
Education by a parent(s) or guardian(s) of a homeless child or youth
or an unaccompanied youth, the District shall hold a hearing before
the Board of Education concerning such appeal, and such hearing
shall be shall be conducted in accordance with Section 10-186(b).
5. If the Board of Education finds in favor of the Superintendent or
his/her designee, a parent or guardian of a homeless child or youth
or unaccompanied youth may appeal the Board of Education’s
decision to the State Board of Education within twenty (20) days of
receipt of the Board of Education's written decision, in accordance
with Section 10-186(b). If necessary, the District Homeless Liaison
shall assist a parent or guardian of a homeless child or youth or
unaccompanied youth with filing the necessary appeal paperwork
to the State Board of Education. The homeless child or youth or
unaccompanied youth shall remain in his or her school of origin
pending the determination of the appeal.
V. Services:
A. Homeless children and youth shall be provided with services comparable
to those offered other students in the selected school including:
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 5 of 15
1. Title I services or similar state or local programs, educational
programs for students with disabilities, programs for students with
limited English proficiency, and preschool programs.
2. Transportation services.
3. Vocational and technical education.
4. Programs for gifted and talented students.
5. School nutrition programs.
6. Before and after school programs.
B. The District shall coordinate with local social service agencies, other service
providers, housing assistance providers and other school districts to ensure
that homeless children and youth have access and reasonable proximity to
available education and support services.
VI. Transportation:
A. The District shall provide transportation comparable to that available to
other students.
B. Transportation shall be provided, at a parent or guardian’s request, to and
from the school of origin for a homeless child or youth. Transportation
shall be provided for the entire time the child or youth is homeless and
until the end of any academic year in which they move into permanent
housing. Transportation to the school of origin shall also be provided
during pending disputes. The Liaison shall request transportation to and
from the school of origin for an unaccompanied youth. Parents and
unaccompanied youth shall be informed of this right to transportation
before they select a school for attendance.
C. To comply with these requirements:
1. Parents/guardians, schools, and liaisons shall use the district
transportation form to process transportation requests.
2. If the homeless child or youth is living and attending school in this
District, the District shall arrange transportation.
3. If the homeless child or youth is living in this District but attending
school in another, or attending school in this District and living in
another, the District will follow the inter-district transportation
agreement to determine the responsibility and costs for such
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 6 of 15
transportation. If there is no inter-district transportation
agreement, the District shall confer with the other school district’s
Homeless Liaison to determine an apportionment of the
responsibility and costs.
4. If no mutually agreeable arrangement can be reached, then the
District shall:
(a) arrange transportation immediately;
(b) bring the matter to the attention of the State
Coordinator for the Education of Homeless Children
and Youth; and
(c) shall ensure that such disputes do not interfere with
the homeless child or youth attending school.
VII. Contact Information
A. Local Contact: for further information, contact:
Director of Pupil Services and Special Education
860-537-3103
B. State Contact: for further information or technical assistance, contact:
Louis Tallarita, State Coordinator
Connecticut Department of Education
25 Industrial Park Road
Middletown, CT 06457-1543
(860) 807-2058
Legal References:
State Law:
10-253(e) School privileges for children in certain
placements, non-resident children and children in
temporary shelters
Federal Law:
The McKinney-Vento Homeless Education Assistance Act, 42
U.S.C. §§ 11431 et seq.
Regulation Adopted: January 13, 2015
Regulation Revised: December 11, 2018
NSC
ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH Page 7 of 15
5118.1R
APPENDIX A
DISPUTE RESOLUTION PROCESS
UNDER CONNECTICUT GENERAL STATUTES SECTION 10-186
(1) If any board of education denies such accommodations, the parent or guardian of
any child who is denied schooling, or an emancipated minor or a pupil eighteen years of
age or older who is denied schooling, or an agent or officer charged with the enforcement
of the laws concerning attendance at school, may, in writing request a hearing by the
board of education. The board of education may
(A) conduct the hearing,
(B) designate a subcommittee of the board composed of three board
members to conduct the hearing, or
(C) establish a local impartial hearing board of one or more persons not
members of the board of education to conduct the hearing.
The board, subcommittee, or local impartial hearing board shall give such person a
hearing within ten days after receipt of the written request, make a stenographic record
or tape recording of the hearing and make a finding within ten days after the hearing.
Hearings shall be conducted in accordance with the provisions of sections 4-176e to 4-
180a, inclusive, and section 4-181a. Any child, emancipated minor eighteen years or
older who is denied accommodations on the basis of residency may continue in
attendance in the school district at the request of the parent or guardian of such child or
emancipated minor or pupil eighteen years of age or older, pending a hearing pursuant to
this subdivision. The party claiming ineligibility for school accommodations shall have the
burden of proving such ineligibility by a preponderance of the evidence, except in cases of
denial of schooling based on residency, the party denied schooling shall have the burden
of proving residency by a preponderance of the evidence.
(2) Any such parent, guardian, emancipated minor, pupil eighteen years of age or
older, or agent or officer, aggrieved by the finding shall, upon request, be provided with a
transcript of the hearing within thirty days after such request and may take an appeal
from the finding to the State Board of Education. A copy of each notice of appeal shall be
filed simultaneously with the local or regional board of education and the State Board of
Education. Any child, emancipated minor or pupil eighteen years of age or older who is
denied accommodations by a board of education as the result of a determination by such
board, or a subcommittee of the board or local impartial hearing board, that the child is
not a resident of the school district and therefore is not entitled to school
accommodations in the district may continue in attendance in the school district at the
request of the parent or guardian of such child or such minor or pupil, pending a
determination of such appeal. If an appeal is not taken to the State Board of Education
within twenty days of the mailing of the finding to the aggrieved party, the decision of the
board, subcommittee or local impartial hearing board shall be final. The local or regional
.
board of education shall, within ten days after receipt of notice of an appeal, forward the
record of the hearing to the State Board of Education. The State Board of Education shall,
on receipt of a written request for a hearing made in accordance with the provisions of
this subsection, establish an impartial hearing board of one or more persons to hold a
public hearing in the local or regional school district in which the cause of the complaint
arises. Members of the hearing board may be employees of the state Department of
Education or may be qualified persons from outside the department. No member of the
board of education under review nor any employee of such board of education shall be a
member of the hearing board. Members of the hearing board, other than those
employed by the state of Connecticut, shall be paid reasonable fees and expenses as
established by the State Board of Education within the limits of available appropriations.
Such hearing board may examine witnesses and shall maintain a verbatim record of all
formal sessions of the hearing. Either party to the hearing may request that the hearing
board join all interested parties to the hearing, or the hearing board may join any
interested party on its own motion. The hearing board shall have no authority to make a
determination of the rights and responsibilities of a board of education if such board is
not a party to the hearing. The hearing board may render a determination of actual
residence of any child, emancipated minor or pupil eighteen years of age or older where
residency is at issue.
(3) The hearing board shall render its decision within forty-five days after receipt
of the notice of appeal except that an extension may be granted by the Commissioner of
Education upon an application by a party or the hearing board describing circumstances
related to the hearing which require an extension.
(4) If, after the hearing, the hearing board finds that any child is illegally or
unreasonably denied schooling, the hearing board shall order the board of education
under whose jurisdiction it has been found such child should be attending school to make
arrangements to enable the child to attend public school. Except in the case of a
residency determination, the finding of the local or regional board of education,
subcommittee of such board or a local impartial hearing board shall be upheld unless it is
determined by the hearing board that the finding was arbitrary, capricious, or
unreasonable. If such school officers fail to take action upon such order in any case in
which such child is currently denied schooling and no suitable provision is made for such
child within fifteen days after receipt of the order and in all other cases, within thirty days
after receipt of the order, there shall be a forfeiture of the money appropriated by the
state for the support of schools amounting to fifty dollars for each child for each day such
child is denied schooling. If the hearing board makes a determination that the child was
not a resident of the school district and therefore not entitled to school accommodations
from such district, the board of education may assess tuition against the parent or
guardian of the child or the emancipated minor or pupil eighteen years of age or older
based on the following: One one-hundred-eightieth of the town's net current local
educational expenditure, as defined in section 10-261, per pupil multiplied by the number
of days of school attendance of the child in the district while not entitled to school
.
accommodations provided by that district. The local board of education may seek to
recover the amount of the assessment through available civil remedies.
.
5118.1R
APPENDIX B
SAMPLE WRITTEN NOTIFICATION OF ENROLLMENT DECISION
[Month] __, 200_
VIA HAND DELIVERY AND U.S. MAIL
[Insert Name of Parent]
[Insert Home Address]
Re: Notification of Enrollment Decision
Dear [Parent/Guardian]:
After reviewing your request to enroll the student(s) listed above [name(s)], the
enrollment request is denied. This determination is based upon the following factors:
[List factors]
Under the McKinney-Vento Homeless Education Assistance Act, you have the right to
appeal this decision by completing the form attached to this notice or by contacting the
school district’s homeless education liaison:
[Name of Liaison], [Title]
[Telephone No.]
In addition, the student listed above has the right to immediately enroll in the school of
choice pending resolution of the dispute. You may provide written or verbal evidence to
support your position. You may seek the assistance of advocates or attorneys at your
own expense. You may contact the state coordinator for homeless education:
Louis Tallarita, State Coordinator
State Department of Education
25 Industrial Park Road
Middletown, CT 06457-1543
(860) 807-2058
A copy of the dispute resolution process under section 10-186 is attached to this
notice. Please contact the District Liaison listed above if you have any questions.
Sincerely,
[Name]
Superintendent of Schools
cc: [Superintendent of Schools in which enrollment is sought, if appropriate]
5118.1R
APPENDIX C
SAMPLE NOTIFICATION OF DECISION
TO APPEAL EDUCATIONAL PLACEMENT
This form is to be completed by the parent, guardian, caretaker, or unaccompanied youth
when a dispute arises. If you need assistance in preparing this form, you may meet with
the District Liaison.
Person completing form: _______________________________
Relation to Student: _______________________________
Contact Information: _______________________________
_______________________________
_______________________________
I am requesting a Board of Education Hearing under Section 10-186 of the Connecticut
General Statutes to appeal the enrollment decision made by [Name of District], [Name of
School]. I have been provided with a written explanation of the District’s decision,
contact information for the District’s homeless education liaison, and a copy of the
Dispute Resolution Process under Connecticut General Statutes Section 10-186.
__________________________________ ________________
Name Date
Optional. You may also include a written explanation to support your appeal in the space
below or provide your explanation verbally to the District Liaison.
5118.1R
APPENDIX D
SAMPLE NOTIFICATION OF HEARING
REGARDING ENROLLMENT DISPUTE
[Month] __, 200_
VIA HAND DELIVERY AND U.S. MAIL
[Insert Name of Parent]
[Insert Home Address]
Re: Educational Placement
Dear [Name of Parent]:
You have requested a hearing before the Colchester Board of Education regarding
the educational placement of your child(ren), [insert name(s) of student(s)] at [name of
school]. The Colchester Board of Education will conduct a hearing regarding your claim
on [date] at [time]. The hearing will be held at the offices of the [town] Board of
Education, which are located at [insert address].
The hearing will be conducted in accordance with the provisions of Section 10-186
of the Connecticut General Statutes, a copy of which is enclosed. The hearing will be
conducted in executive session, and the Board of Education will make either a tape
recording or a stenographic record of the hearing. You may be represented by counsel or
by an advocate, at your expense, if you so desire.
Please contact the District Liaison, the Director of Pupil Services and Special
Education, if you have any questions.
Sincerely,
[Name]
Superintendent of Schools
Cc: [Superintendent of Schools in which enrollment is sought, if appropriate]
5118.1R
APPENDIX E
STUDENT RESIDENCY AFFIDAVIT
Colchester Public Schools
Name of student: ___________________ Birthdate: ___________
Name and Location of School Last Attended:
__________________________________________
I, _______________________ declare and affirm as follows:
I am of legal age and believe in the obligations of an oath.
I am the parent/legal guardian/caregiver of ________________ (name of student)
who is of school age and is seeking admission to Colchester Public Schools.
Since ________(date), _______________ (name of student) has not had a
permanent home. However, he/she has been residing within the school district
boundaries and intends to stay here. He/she is currently staying at
_____________________________________________________________ (address).
This location is:
___ a shelter
___ a motel/hotel
___ a campsite
___ shared housing with other persons
___ other _______________________________
I regularly receive my mail at: ________________________________________.
I am currently living at the following address: __________________________________.
I can be reached at the following telephone number: _______________________. I can
be reached for emergencies at: ____________________________________.
I declare under penalty of perjury under the laws of Connecticut that the
information provided is true and correct and of my own personal knowledge.
AFFIANT,
Signature of Affiant
Print Name of Affiant
Subscribed and sworn to before me
this ___ day of ___, 20__.
__________________________________
NOTARY PUBLIC
5118.1R
APPENDIX F
AFFIDAVIT FOR MISSING ENROLLMENT DOCUMENTATION
Colchester Public Schools
I, __________________, being duly sworn upon oath and based on my personal
knowledge hereby state and affirm the following information regarding [name of
student’s] missing enrollment documentation for the following:
___ Proof of residency ___ Immunization Record
___ Proof of guardianship ___ School Health Record
___ Proof of identity ___ School Records
___ Birth Certificate
I am of legal age and believe in the obligations of an oath.
I am unable to present a copy of the document(s) requested above for the
following reasons:
________________________________________________________
________________________________________________________
________________________________________________________
The name and location of the last school the student attended is
___________________________.
I understand that I must obtain the necessary immunization and health records
and provide a copy to the District.
AFFIANT,
Signature of Affiant
Print Name of Affiant
Subscribed and sworn to before me
this ___ day of ___, 20__.
__________________________________
NOTARY PUBLIC
Colchester Public Schools
5119P
STUDENTS
STUDENT USE OF THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY
Computers, computer networks, electronic devices, Internet access, and e-mail are
effective and important technological resources. The Board of Education provides
computers, a computer network, including Internet access and an e-mail system, as well
as other electronic devices that access the network such as wireless and/or portable
electronic hand-held equipment that can be used for word processing, wireless Internet
access, image capture and recording, sound recording, information transmitting and/or
receiving, storing etc. (including, but not limited to, laptops, Kindles, radios, I-Pads or
other tablet computers), referred to collectively as "the computer systems", in order to
enhance both the educational opportunities for our students and the business
operations of the district.
These computer systems are business and educational tools. As such, they are made
available to students in the district for education related uses. The Administration shall
develop regulations setting forth procedures to be used by the Administration in an
effort to ensure that such computer systems are used by students solely for education
related purposes. The Board will educate minor students about appropriate online
behavior, including interacting with other individuals on social networking websites and
in chat rooms and cyberbullying awareness and response. Additionally, the Board will
implement a technology protection measure to block or filter Internet access to visual
depictions that contain obscene material, contain child pornography, or are harmful to
minors and ensure that such filtering technology is operative during computer use by
minor students.
As the owner of the computer systems, the Board reserves the right to monitor the use
of the district’s computers and computer systems.
STUDENT USE OF THE DISTRICT'S COMPUTER SYSTEMS
AND INTERNET SAFETY Page 1 of 2
Legal References:
Conn. Gen. Stat. § 10-221
Conn. Gen. Stat. §§ 53a-182b; 53a-183; 53a-250
Electronic Communication Privacy Act of 1986, Public Law 99-508, codified at 18
U.S.C. §§ 2510 through 2520
Children’s Internet Protection Act, Pub. L. 106-554, codified at 47 U.S.C. § 254(h)
No Child Left Behind Act of 2001, Pub. L. 107-110, codified at 20 U.S.C. § 6777
Protecting Children in the 21st Century Act, Pub. Law 110-385, codified at 47
U.S.C. § 254(h)(5)(B)(iii)
ADOPTED: December 8, 1998
REVISED: May 10, 2005
REVISED: March 11, 2008
REVISED: June 8, 2010
REVISED: April 8, 2014
REVISED: December 8, 2015 (Replaces Policy #6141.321)
REVISED: February 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT USE OF THE DISTRICT'S COMPUTER SYSTEMS
AND INTERNET SAFETY Page 2 of 2
Colchester Public Schools
5119R
STUDENTS
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY
1. Introduction
We are pleased to offer students access to the district's computers and computer
networks, including access to electronic mail (e-mail) and the Internet, as well as
electronic devices, (all of which will be referred to collectively as "computer systems".)
Access to the school's computer systems will enable students to explore libraries,
databases, and bulletin boards while exchanging messages with others. Such access is
provided solely for education-related purposes. Use of the district's computer systems
will be allowed only for students who act in a considerate and responsible manner in
using such systems.
The Board of Education and the Administration believe in the educational value of such
computer systems and recognize their potential to support our curriculum by expanding
resources available for staff and student use. Our goal in providing this service is to
promote educational excellence by facilitating resource sharing, innovation and
communication.
These computer systems are expensive to purchase, install and maintain. As the
property of the district these computer systems must be carefully handled and their
integrity preserved for the benefit of all. Therefore, access to the computer systems is a
privilege, and not a right. Students will be required to adhere to a set of policies and
procedures, as set forth in detail below. Violations may lead to withdrawal of the access
privilege and/or disciplinary measures in accordance with the Board’s student discipline
policy.
2. Definitions
Obscene – means any material or performance if, a) taken as a whole, it predominantly
appeals to the prurient interest, b) it depicts or describes in a patently offensive way a
prohibited sex act and c) taken as a whole, does not have serious literary, artistic,
political or scientific value. For the purposes of this section, "prohibited sex act" means
erotic fondling, nude performance, sexual excitement, sado-masochistic abuse,
masturbation or sexual intercourse.
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY Page 1 of 5
Child pornography –means any visual depiction, including any photograph, film, video,
picture, cartoon, or computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of sexually explicit conduct,
where: the production of such visual depiction involves the use of a minor engaging in
sexually explicit conduct; such visual depiction is, or appears to be, of a minor engaging
in sexually explicit conduct; or such visual depiction has been created, adapted, or
modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Harmful to minors – any picture, image, graphic image file, or other visual depiction
that: taken as a whole and with respect to minors, appeals to a prurient interest in
nudity, sex, or excretion; depicts, describes or represents, in a patently offensive way
with respect to what is suitable for minors, an actual or simulated sexual act or sexual
contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the
genitals; and taken as a whole, lacks serious literary, artistic, political, or scientific value
as to minors.
3. Monitoring
Students are responsible for good behavior on school computer systems just as they are
in a classroom or a school hallway. Communications on the computer systems are often
public in nature and general school rules for behavior and communications apply. It is
expected that users will comply with district standards and will act in a responsible and
legal manner, at all times in accordance with district standards, as well as with state and
federal laws.
It is important that students and parents understand that the district, as the owner of
the computer systems, reserves the right to monitor and review the use of these
computer systems. The district intends to monitor and review in a limited fashion, but
will do so as needed to ensure that the systems are being used for district-related
educational purposes.
As part of the monitoring and reviewing process, the district will retain the capacity to
bypass any individual password of a student or other user. The system's security
aspects, such as personal passwords and the message delete function for e-mail, can be
bypassed for these purposes. The district's ability to monitor and review is not restricted
or neutralized by these devices. The monitoring and reviewing process also includes,
but is not limited to; oversight of Internet site access, the right to review emails sent and
received, the right to track students’ access to blogs, electronic bulletin boards and chat
rooms, and the right to review a student’s document downloading and printing.
Therefore, all users must be aware that they should not have any expectation of
personal privacy in the use of these computer systems.
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY Page 2 of 5
4. Student Conduct
Students are permitted to use the district’s computer systems for legitimate educational
purposes. Personal use of district computer systems is expressly prohibited. Conduct
which constitutes inappropriate use includes, but is not limited to the following:
• Sending any form of harassing, threatening, or intimidating message, at any
time, to any person (such communications may also be a crime);
• Gaining or seeking to gain unauthorized access to computer systems;
• Damaging computers, computer files, computer systems or computer networks;
• Downloading or modifying computer software of the district in violation of the
district's licensure agreement(s) and/or without authorization from a teacher or
administrator;
• Using another person's password under any circumstances;
• Trespassing in or tampering with any other person's folders, work or files;
• Sending any message that breaches the district's confidentiality requirements, or
the confidentiality of students;
• Sending any copyrighted material over the system;
• Using computer systems for any personal purpose, or in a manner that interferes
with the district’s educational programs;
• Accessing or attempting to access any material that is obscene, contains child
pornography, or is harmful to minors, as defined above;
• Transmitting or receiving e-mail communications or accessing information on the
Internet for non-educational purposes;
• Cyberbullying;
• Accessing or attempting to access social networking sites (e.g. Facebook, Twitter,
MySpace, etc.) without a legitimate educational purpose.
In addition, as noted above, if a particular behavior or activity is generally prohibited by
law, by Board policy or by school rules or regulations, use of these computer systems for
the purpose of carrying out such behavior or activity is also prohibited.
Misuse of the computer systems, or violations of these policies and regulations, may
result in loss of access to such computer systems as well as other disciplinary action,
including suspension and/or expulsion, depending on the specific conduct.
Anyone who is aware of problems with, or misuse of these computer systems, or has a
question regarding the proper use of these computer systems, should report this to his
or her teacher or principal immediately. Most importantly, the Board and the
Administration urge any student who receives any harassing, threatening, intimidating
or other improper message through the computer system to report this immediately. It
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY Page 3 of 5
is the Board's policy that no student should be required to tolerate such treatment,
regardless of the identity of the sender of the message. Please report these events!
5. Internet Safety
The Administration will take measures: to assure the safety and security of students
when using e-mail, chat rooms, and other forms of direct electronic communications; to
prohibit unauthorized access, including “hacking” and other unlawful activities by
minors online; to prohibit unauthorized disclosure, use, and dissemination of personally
identifiable information regarding students; to educate minor students about
appropriate online behavior, including interacting with other individuals on social
networking websites and in chat rooms and cyber-bullying awareness and response; and
to restrict students’ access to online materials harmful to minors, including obscene
materials and child pornography.
6. Student Use Agreement
Before being allowed to use the district’s computer systems, students and/or their
parents/guardians must sign a computer system use agreement, stating that they have
read and understood the district’s policies and regulations regarding the use of its
computer systems.
Legal References:
Conn. Gen. Stat. § 10-221
Conn. Gen. Stat. §§ 53a-182b; 53a-183; 53a-250 et. seq. (computer-related
offenses)
Conn. Gen. Stat. § 53a-193 (definition of obscene)
18 U.S.C. § 2256 (definition of child pornography)
Electronic Communication Privacy Act of 1986, Public Law 99-508, codified at
18 U.S.C. §§ 2510 through 2520
Children’s Internet Protection Act, Pub. Law 106-554, codified at 47 U.S.C. §
254(h)
No Child Left Behind Act of 2001, Pub. L. 107-110, codified at 20 U.S.C. § 6777
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY Page 4 of 5
Protecting Children in the 21st Century Act, Pub. Law 110-385, codified at 47
U.S.C. § 254(h)(5)(B)(iii)
Miller v. California, 413 U.S. 15 (1973) (definition of obscene)
ADOPTED: June 19, 2007
REVISED: March 11, 2008
REVISED: April 8, 2014
REVISED: December 8, 2015 (Replaces Regulation #6141.321)
REVISED: February 13, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
ADMINISTRATIVE REGULATIONS REGARDING STUDENT USE OF
THE DISTRICT'S COMPUTER SYSTEMS AND INTERNET SAFETY Page 5 of 5
Colchester Public Schools
5123P
STUDENT
PROMOTION/RETENTION/ACCELERATION POLICY
Colchester Elementary School and Jack Jackter Intermediate School
Promotion and/or retention in grades K-5 will be based on the individual child’s ability to
successfully complete the required work of the succeeding grade. Each individual student’s
promotion/retention will be judged on its own merits. In kindergarten, more emphasis will be
placed on the maturational and developmental readiness necessary for success in grade 1. In
grades 1-5, criteria for promotion will include, but not be limited to the following:
1. Teacher/specialist recommendation
2. Educational progress
3. Other assessment data
4. Attendance
Promotion/retention of special education students will be decided on an individual basis, but may
be affected by Pupil Placement Team decisions.
Acceleration of students may be provided. Decisions to accelerate a child’s program will be based
on, but not be limited to the following:
1. Specialist input
2. Teacher input
3. Student progress/needs
4. Parent input
5. Test scores or data
Each case will be judged on its own merits and programs designed individually to meet student
needs.
Promotion/retention, acceleration and grade placements, although every effort is made to secure
the understanding and cooperation of parent/guardians, is the decision of the Principal following
consultation with the Superintendent if necessary.
William J. Johnston Middle School
To be promoted, a student may not fail more than one major subject. A major subject is defined
as a course that meets daily for the full year. In the area of applied academics, two semester
courses, three trimester courses or four quarterly courses are the equivalent of one major subject.
PROMOTION/RETENTION/ACCELERATION POLICY Page 1 of 2
Any student who fails to meet these criteria will be retained unless they successfully complete a
thirty-hour summer school or tutoring program.
Acceleration of students may be provided. Decisions to accelerate a student’s program will be
based on, but not limited to the following:
1. Teacher input
2. Parent input
3. Student progress/needs
4. Test scores and other applicable data
Each case will be judged on its own merit and programs will be designed to meet the individual
needs of the students.
Bacon Academy
Grade placement requirements at Bacon Academy are as follows:
To Grade 10 6 credits (including grade 9 English & math)
To Grade 11 12 credits (including grade 10 English & math)
To Grade 12 18 credits (including grade 11 English & math)
TO GRADUATION 25 CREDITS
NSC
Regulation approved: March 11, 2003
REVISED: September 4, 2018
PROMOTION/RETENTION/ACCELERATION POLICY Page 2 of 2
5124P
STUDENTS
REPORTING TO PARENTS
Reporting to Parents
The Board of Education encourages good communication between parents and teachers
and shall promote frequent and varied reporting of student progress. All forms and
methods of communication, such as parent-teacher conferences, mail, telephone, email,
on-line parent portal and school visitation by parents will be utilized.
The school district will provide an opportunity for parents/guardians to have one
personal conference each fall with teachers and other school personnel. Opportunities
also exist for a spring conference, as requested by the teacher and/or the
parents/guardians.
POLICY ADOPTED: July 9, 2002
REVISED: September 13, 2011
REVISED: March 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
REPORTING TO PARENTS Page 1 of 1
5124R
STUDENTS
REPORTING TO PARENTS - ADMINISTRATIVE REGULATIONS
On-line Parent Portal
The district maintains a secure parent portal integrated with its student information
system. The parent portal tool provides parents password-protected access to the
following information:
All Students:
● Attendance
PreK-5:
● Homework assignments (posted daily) and completion data (posted
weekly).
● Universal Screen/Benchmark Assessment results (each trimester teachers
will enter results when assessments have been scored).
Grades 6-12:
● Assignments
● Grades on assignments
● Quiz and test grades
● Project grades
● In all subject areas a minimum of one graded assignment will be posted
every two weeks.
Report Card
Written reports on student progress will be issued to parents every marking period. The
reporting dates will be determined annually and placed on the school calendar. Parents
will be advised no later than March 1st of a student’s potential failure and the possibility
of having to repeat a grade or a course.
Report cards should reflect the educational growth of the student in relationship to each
student’s conduct/citizenship, effort, and achievement, in relationship to standards for
his/her age and grade.
Teachers also will report on student progress at regularly-scheduled parent conferences.
REPORTING TO PARENTS - ADMINISTRATIVE REGULATIONS Page 1 of 2
If the parents of a child are separated or divorced, both have equal rights to be informed
of their child’s school progress unless there is an order from the court to the contrary.
Non-custodial parents shall receive written reports and notification of conferences upon
an annual written request to the school principal.
Legal Reference: Connecticut General Statutes
10-15b Access of parent or guardian to student’s records
46b-56 Access of records of minor children by noncustodial parent
REGULATION ADOPTED: July 9, 2002
REVISED: September 13, 2011
REVISED: March 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
REPORTING TO PARENTS - ADMINISTRATIVE REGULATIONS Page 2 of 2
5124.1P
STUDENTS
STUDENT PRIVACY POLICY (PPRA)
In accordance with federal law, the Board of Education adopts, in consultation with parents, the
following provisions related to student privacy.
I. Definitions
A. "Invasive physical examination" means any medical examination that involves the
exposure of private body parts, or any act during such examination that includes
incision, insertion, or injection into the body, but does not include a hearing,
vision, or scoliosis screening.
B. "Parent" includes a legal guardian or other person standing in loco parentis (such
as a grandparent or stepparent with whom the child lives, or a person who is
legally responsible for the welfare of the child).
C. "Personally identifiable information" includes, but is not limited to,
1. the student’s name;
2. the name of the student’s parent or other family members;
3. the address of the student or student’s family;
4. a personal identifier, such as the student’s social security number, student
number, or biometric record;
5. 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
6. information requested by a person who the educational agency or
institution reasonably believes knows the identity of the student to whom
the education record relates.
D. "Personal information" means individually identifiable information including—
1. a student's or parent's first and last name;
STUDENT PRIVACY POLICY Page 1 of 8
2. a home or other physical address (including a street name and the name
of a city or town);
3. a telephone number; or
4. a Social Security identification number.
E. "Survey" includes an evaluation, but does not include a survey or evaluation
administered to a student in accordance with the Individuals with Disabilities
Education Act (20 U.S.C. § 1400 et seq.).
II. Student Surveys
A. Surveys Funded in Whole or in Part by the U.S. Department of Education:
1. The administration shall make available for inspection by parents all
instructional materials, including teacher’s manuals, films, tapes or other
supplementary material which will be used in connection with any survey,
analysis, or evaluation funded in whole or in part by the U.S. Department
of Education.
2. The administration shall obtain the prior written consent of the parent or
student (if the student is an adult or an emancipated minor), prior to
requiring a student to submit to a survey, analysis, or evaluation funded
in whole or part by the U.S. Department of Education that reveals
information concerning any of the following topics:
a. political affiliations or beliefs of the student or the student's
parent;
b. mental or psychological problems of the student or the student's
parent;
c. sex behavior or attitudes;
d. illegal, anti-social, self-incriminating, or demeaning behavior;
e. critical appraisals of other individuals with whom respondents
have close family relationships;
f. legally recognized privileged or analogous relationships, such as
those of lawyers, physicians, and ministers;
g. religious practices, affiliations, or beliefs of the student or of the
student's parent; or
h. income (other than that required by law to determine eligibility in
a program or for receiving financial assistance under such
program).
B. Surveys Funded by Sources Other than the U.S. Department of Education:
STUDENT PRIVACY POLICY Page 2 of 8
1. Third Party Surveys
a. Prior to distributing any third party survey, the administration
shall give notice to parents of the district's intent to distribute a
survey on behalf of a third party.
b. Upon request, the administration shall permit parents to inspect
any third party survey before it is administered or distributed by a
school to a student. The administration shall grant reasonable
access to the survey within a reasonable period of time after a
parental request is received.
c. Student responses to third party surveys that contain personally
identifiable information shall be considered student records, and
shall be subject to the district's Confidentiality and Access to
Student Records Policy and any administrative regulations or
procedures governing the confidentiality of student records.
2. Confidential Topic Surveys
a. The provisions of this subsection apply to any survey (sponsored
by the school district or a third party) which contains questions
pertaining to one or more of the following items ("Confidential
Topic Surveys"):
i) political affiliations or beliefs of the student or the
student's parent,
ii) mental or psychological problems of the student or the
student's parent,
iii) sex behavior or attitudes,
iv) illegal, anti-social, self-incriminating, or demeaning
behavior,
v) critical appraisals of other individuals with whom
respondents have close family relationships,
vi) legally recognized privileged or analogous relationships,
such as those of lawyers, physicians, and ministers,
vii) religious practices, affiliations, or beliefs of the student or
of the student's parent,
viii) income (other than that required by law to determine
eligibility in a program or for receiving financial assistance
under such program).
STUDENT PRIVACY POLICY Page 3 of 8
b. At the beginning of the school year, the administration shall give
direct notice to parents of affected students of the district's intent
to distribute a Confidential Topic Survey(s). Such notice shall
include the specific or approximate dates during the school year
of such distribution.
c. Upon request, the administration shall permit parents to inspect
any Confidential Topic Survey before it is administered, distributed
or used by a school to or with a student. The administration shall
grant reasonable access to the Confidential Topic Survey within a
reasonable period of time after a parental request is received.
d. Student responses to any Confidential Topic Survey that contain
personally identifiable information shall be considered student
records, and shall be subject to the district's Confidentiality and
Access to Student Records Policy and any administrative
regulations or procedures governing the confidentiality of student
records.
e. Upon written request, the administration shall permit the parent
or student (if an adult or emancipated minor) to opt out of
participation in any Confidential Topic Survey described in this
subparagraph.
III. Collection of Personal Information
A. The provisions of this subsection apply to any instrument designed to collect
personal information from a student for the purpose of marketing, selling or
otherwise distributing such information or providing that information to others
for that purpose.
B. At the beginning of the school year, the administration shall give direct notice to
parents of affected students (or to the students aged eighteen (18) or older or
emancipated minors) of the district's intent to collect, disclose or use personal
information collected from students for the purpose of marketing, selling or
otherwise distributing such information or providing that information to others
for that purpose. Such notice shall include the specific or approximate dates
during the school year of such collection, disclosure or use of personal
information.
C. Upon written request, the administration shall permit parents to inspect an
instrument designed to collect personal information of students before it is
administered or distributed by a school to a student. The administration shall
grant reasonable access to the instrument within a reasonable period of time
after a parental request is received.
STUDENT PRIVACY POLICY Page 4 of 8
D. Upon written request, the administration shall permit parents (or students aged
eighteen (18) or older or emancipated minors) to opt out of participation in the
collection, disclosure or use of personal information obtained from students for
the purposes of marketing, selling or otherwise distributing the personal
information to others for that purpose.
E. The provisions regarding the collection, disclosure and/or use of personal
information do not apply to personal information collected from students for the
exclusive purpose of developing, evaluating, or providing educational products or
services for, or to, students or educational institutions, such as the following:
1. college or other post-secondary education recruitment, or military
recruitment*;
2. book clubs, magazines, and programs providing access to low-cost literary
products;
3. curriculum and instructional materials used by elementary schools and
secondary schools;
4. tests and assessments used by elementary schools and secondary schools
to provide cognitive, evaluative, diagnostic, clinical, aptitude, or
achievement information about students;
5. the sale by students of products or services to raise funds for
school-related or education-related activities;
6. student recognition programs.
*Note: Notwithstanding the foregoing, the district will permit parents and
students over the age of eighteen (18) or emancipated minors to prevent
disclosure of secondary school students' names, addresses and telephone
numbers to military recruiters and institutions of higher education, in accordance
with the district's Confidentiality and Access to Student Records Policy.
IV. Non-Emergency Invasive Physical Examinations and Screenings:
A. The provisions described in this subparagraph shall apply to any non-emergency,
invasive physical examinations/screenings conducted by the school district, when
such examinations/screenings meet the following conditions:
1. they are required as a condition of attendance;
2. they are administered by the school and scheduled by the school in
advance;
3. they are not necessary to protect the immediate health and safety of the
students; and
4. they are not required by state law.
STUDENT PRIVACY POLICY Page 5 of 8
B. At the beginning of the school year, the administration shall give direct notice to
parents of affected students (or the affected student if eighteen (18) or older or
an emancipated minor) of the district's intent to conduct non-emergency
invasive physical examination(s)/ screening(s) described above, except for
hearing, vision or scoliosis screenings. Such notice shall include the specific or
approximate dates during the school year of the administration of such the
non-emergency invasive physical examination(s) / screening(s).
C. Upon written request, the administration shall permit parents of affected
students or the affected students (if adults or emancipated minors) to opt out of
participation in the non-emergency invasive physical examination(s)/screening(s)
described in this subparagraph.
V. Complaint Procedure
Parents or students (if adults or emancipated minors) who believe that their rights under
this policy have been violated may file a complaint with:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Legal References:
Family Educational Rights and Privacy Act (FERPA), codified at 20 U.S.C. § 1232g;
34 CFR Part 99
Protection of Pupil Rights Amendment, Public Law 107-110, § 1061, codified at
20 U.S.C. § 1232h
POLICY ADOPTED: November 15, 2016
POLICY REVISED: June 21, 2021
341279v10
9285218V1
STUDENT PRIVACY POLICY Page 6 of 8
Notification of Rights Under the Protection of Pupil Rights Amendment (“PPRA”)
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, affords parents and
eligible students (i.e. students over 18 or emancipated minors) certain rights with respect to the
administration of student surveys, the collection and use of personal information, and the
administration of certain physical exams. These rights include:
1. the right of a parent to inspect, upon request, a survey created by a third party
before the survey is administered or distributed by a school to a student;
2. the right of a parent to inspect, upon request, any survey concerning one or
more of the following confidential topics:
a. political affiliations or beliefs of the student or the student’s parent;
b. mental or psychological problems of the student or the student’s family;
c. sex behavior or attitudes;
d. illegal, anti-social, self-incriminating, or demeaning behavior;
e. critical appraisals of other individuals with whom respondents have close
family relationships;
f. legally recognized privileged relationships, such as those with lawyers,
doctors, physicians, or ministers;
g. religious practices, affiliations, or beliefs of the student or the student’s
parent; or
h. income, other than as required by law to determine eligibility for certain
programs or for receiving financial assistance under such programs;
3. the right of a parent to consent before a student is required to submit to a survey
that concerns one or more of the confidential topics (see #2, above, a-h) if the
survey is funded in whole or in part by a program of the U.S. Department of
Education;
4. the right of a parent to inspect, upon request, any instructional material used as
part of the educational curriculum. Instructional material means any
instructional content that is provided to a student, regardless of its format,
including printed or representational materials, audio-visual materials, and
materials in electronic or digital formats (such as materials accessible through
the Internet) but does not include academic tests or academic assessments;
5. the right of a parent to inspect, upon request, any instrument used in the
collection of personal information from students gathered for the purpose of
marketing, selling or otherwise providing that information to others for that
purpose. Personal information means individually identifiable information
including, a student or parent’s first and last name, a home or other physical
address; a telephone number or a social security number;
STUDENT PRIVACY POLICY Page 7 of 8
6. the right of a parent whose student(s) is scheduled to participate in the specific
activities provided below to be directly notified of the specific or approximate
dates of the following activities, as well as the right of a parent or eligible student
to opt-out of participation in these activities:
a. activities involving the collection, disclosure, or use of personal
information collected from students for the purpose of marketing or
selling that information (or otherwise providing that information to
others for that purpose);
b. the administration of any survey containing confidential topics (see #2,
above, a-h); or
c. any non-emergency, invasive physical examination or screening that is
required as a condition of attendance, administered by the school,
scheduled by the school in advance, and unnecessary to protect the
immediate health and safety of a student. Such examinations do not
include a hearing, vision, or scoliosis screening or other examinations
permitted or required by State law.
Parents and eligible students may not opt-out of activities relating to the collection,
disclosure, and/or use of personal information collected from students for the exclusive
purpose of developing, evaluating, or providing education products or services for, or to
students or educational institutions, such as the following:
a. college or other post-secondary education recruitment, or military
recruitment;
b. book clubs, magazines, and programs providing access to low-cost literary
products;
c. curriculum and instructional materials used by elementary and secondary
schools;
d. tests and assessments used by elementary and secondary schools to
provide cognitive, evaluative, diagnostic, clinical, aptitude, or
achievement information about students;
e. the sale by students of products or services to raise funds for
school-related or education-related activities; and
f. student recognition programs.
To protect student privacy in compliance with the PPRA, the Colchester Public Schools District
has adopted policies regarding these rights. Parents and/or eligible students who believe their
rights have been violated under the PPRA may contact:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
6/2021
STUDENT PRIVACY POLICY Page 8 of 8
Colchester Public Schools
5125P
STUDENTS
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS (FERPA) POLICY
I. POLICY
The Board of Education ("Board") complies with the state and federal laws and regulations
regarding confidentiality, access to and amendment of education records. The Board shall
implement procedures that protect the privacy of parents and students while providing proper
access to records. Availability of these procedures shall be made known annually to parents of
students currently in attendance and eligible students currently in attendance.
II. DEFINITIONS
A. 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.
B. 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.
C. 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.
D. 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.
E. 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,
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 1 of 24
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.
F. 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.
G. 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.
H. 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 school system or persons acting for the school system.
2. Education records do not include:
a) 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";
b) records maintained by a law enforcement unit of the school
district that were created by that unit for the purpose of law
enforcement;
c) employment records used only in relation to the student's
employment by the school district that are 1) made and
maintained in the normal course of business, 2) relate exclusively
the student’s capacity as an employee, and 3) are not made
available for any other purpose;
d) 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 paraprofessional acting in his
or her professional capacity or assisting in a paraprofessional
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 2 of 24
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 school 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 his/her treatment records;
e) records created or received by the school 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
f) grades on peer-graded papers before they are collected and
recorded by a teacher.
I. 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.
J. Legitimate Educational Interest means the need for a school official to review an
education record in order to fulfill his or her professional responsibilities.
K. 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 is entitled to access to
the student's education records without the eligible student's consent.
L. 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 his/her 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 mother’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.
M. 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); a person serving on the Board of
Education; a person or company with whom the District has contracted to
perform a special task (such as an attorney, auditor, consultant, therapist, or
school resource officer); or a parent or student serving on an official committee,
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 3 of 24
such as a disciplinary or grievance committee, or assisting another school official
in performing his or her tasks.
N. 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.
III. ANNUAL NOTIFICATION OF RIGHTS / RELEASE OF DIRECTORY INFORMATION
A. On an annual basis, the school 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 be
published in any other manner "reasonably likely" to inform such parents and
eligible students of their rights. The school district will take steps 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.
B. On an annual basis, the school 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 school district from requiring students to wear or
display a student identification card.
C. In the annual notification, the school 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.
IV. CONFIDENTIALITY OF EDUCATION RECORDS
A. 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.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 4 of 24
B. 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.
C. The school district shall use reasonable methods, including administrative
policies and procedures, as well as physical and technological access controls, to
ensure that school officials obtain access to only those education records in
which they have a legitimate educational interest.
D. The district shall use reasonable methods 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.
E. 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.
V. ACCESS TO EDUCATION RECORDS
A. 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
Section 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.
B. When submitting a written request to inspect or review education records, the
request must identify the record or records being sought. The school district will
notify the parent or eligible student of the date, time, and location where the
records may be inspected and reviewed.
C. 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.
D. 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.
E. 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.
F. 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
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 5 of 24
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.
G. 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
(his/her) 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 USC 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 of
education 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.
H. 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 school system 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 Section VII, below.
I. Pursuant to the procedures set forth in Section 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.
J. Non-custodial Parents:
A parent does not lose his or her right to access to education records upon
divorce. Non-custodial parents retain their rights to review their child's
education records unless the school 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.
K. Copies of Education Records/Fees:
1) The school 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’
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 6 of 24
(or eligible student’s) right to inspect and review the child'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 of education shall
comply with such request as stated above. The Board reserves the right to
charge for copies of a student’s education records. Such charge will not
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:
a. provide the parent or eligible student with a copy of the records
requested, or
b. make other arrangements for the parent or eligible student to
inspect and review the requested records.
VI. RECORD KEEPING REQUIREMENTS/DOCUMENTATION OF ACCESS TO EDUCATION
RECORDS
A. The school 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 school district
must maintain the records. The school district will provide to parents, on
request, a list of the categories and locations of education records collected,
maintained, or used by the school district.
B. 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 school district; and
6) the legitimate educational interest in obtaining the information.
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C. 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).
D. 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.
E. 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.
VII. THE RELEASE OF RECORDS OR PERSONALLY IDENTIFIABLE INFORMATION
A. The school system or its designated agent(s) may not permit release of education
records or any information from such records which contains 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 Section 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, person-to-person, statement over the telephone, on computer
disk, e-mailed, etc.) to any person other than those listed below, unless prior written
consent has been obtained.
B. 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.
C. 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:
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 8 of 24
1. The disclosure is to other school officials within the district, including
teachers, who have been determined by the school district to have
legitimate educational interests in the education records.
2. The disclosure is to a contractor, consultant, volunteer, or other party to
whom an agency or institution has outsourced institutional services or
functions, provided that the outside party (a) performs an institutional
service or function for which the district would otherwise use employees,
(b) is under the direct control of the district with respect to the use and
maintenance of education records, and is subject to the requirements of
FERPA with respect to the use and redisclosure of personally identifiable
information from education records. The Board shall comply with
Subsection I of this policy prior to the provision of student records,
student information or student-generated content to a consultant or
operator, as those terms are defined in Subsection I.
3. Transfer Students:
a) 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 Section X.
b) 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.
c) Upon notification by the Department of Children and Families 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
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 9 of 24
provide educational services. The Board shall transfer
nonessential records to the receiving school in accordance with
subsection b) above.
4. 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, so
long as the district enters into a written agreement with the authorized
representatives conducting the audit or evaluation, which agreement
must comply with 34 C.F.R. 99.35(a)(3) and require that the authorized
representative protects the confidentiality of personally identifiable
student information consistent with FERPA requirements. Such entities
may make further disclosure of personally identifiable information to
outside entities that are designated by them as their authorized
representatives to conduct any audit, evaluation, or enforcement or
compliance activity on their behalf.
5. 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.
6. 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 school district that (a) the
information is required by the court, (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.
7. 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 (a) the study does not
permit personal identification of parents or students by individuals other
than representatives of the organization, (b) the information is destroyed
after it is no longer needed for the purposes for which the study was
conducted, and (c) the district enters into a written agreement with the
organization conducting the study that ensures that the study protects
the confidentiality of personally identifiable student information
consistent with FERPA requirements.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 10 of 24
8. The disclosure is to accrediting organizations in order to carry out their
accrediting functions.
9. 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.
10. 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 (a) 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; or (b) 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 (c) 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 sections 2332b(g)(5)(B) and
2331 of title 18, U.S. Code.
11. If the school district initiates legal action against a parent or student, the
school district may disclose to the court, without a court order or
subpoena, the education records of the student that are relevant for the
school district to proceed with the legal action as plaintiff.
12. If a parent or eligible student initiates legal action against the school
district, the school district may disclose to the court, without a court
order or subpoena, the student’s education records that are relevant for
the school district to defend itself.
13. 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
Section VI. D, above.
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14. The disclosure is to the parent of a student who is under 18 years of age
or to the student.
15. 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.
16. 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.
17. The disclosure is to an agency caseworker or other representative of the
Department of Children and Families (“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, 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.
D. Directory Information
The school 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
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 12 of 24
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 school district and is consistent with the
district’s obligations under both state and federal law.
3. The school district may disclose directory information about students
after they are no longer in enrollment in the school 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 school 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 school district from requiring students to wear or display a student
identification card.
5. The school 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.
E. De-identified Records and Information
1. The school 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 school 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:
a) 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;
b) the record code is used for no purpose other than identifying a de-
identified record for the purposes of education research and
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 13 of 24
cannot be used to ascertain personally identifiable information
about a student; and
c) the record code is not based on a student’s social security number
or other personal information.
F. Disciplinary Records:
Nothing in this policy shall prevent the school 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.
G. 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.
H. 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.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 14 of 24
I. 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. This contracting
requirement applies to any contract entered into, amended or renewed on or after
October 1, 2016.
1. The provisions of said contract shall comply with the requirements of Public
Act 16-189.
2. Not later than five (5) business days after executing a contract pursuant to
this subsection, the Board shall provide electronic notice to any student and
the parent or legal guardian of the student affected by the contract. Such
notice and the contract shall be posted on the Board’s Internet web site. The
notice shall:
a. Explain that the contract has been executed and the date that such
contract was executed;
b. Provide a brief description of the contract and the purpose of the
contract; and
c. Explain 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 forty-eight (48)
hours 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
Superintendent of Schools, 127 Norwich Avenue, Suite 202, Colchester, CT
06415, 860-537-7208.
4. For purposes of this subsection, the following definitions are applicable:
a. 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.
b. 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,
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 15 of 24
online service or mobile application, and (b) collects, maintains or uses
student information.
c. 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.
d. 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.
e. Student Information means personally identifiable information or
material of a student in any media or format this 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.
f. 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:
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 16 of 24
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.
VIII. REDISCLOSURE OF EDUCATION RECORDS
A. The school 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.
B. Notwithstanding the provisions of Section A. above, the school 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. 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)).
3. Disclosure is made to a parent, an eligible student, or the parent of an eligible
student.
4. The information is considered directory information.
C. In the event that the Family Policy Compliance Office determines that a third party
outside of the school district has improperly redisclosed personally identifiable
information from education records in violation of FERPA, the school district may not
allow that third party access to personally identifiable information from education
records for at least five (5) years.
IX. AMENDMENT OF EDUCATION RECORDS
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 17 of 24
A. 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,
he/she is entitled to:
1. Request in writing that the school district amend the records;
2. Receive within a reasonable period of time a decision from the school district
with respect to its decision on the amendment(s) requested by the parent or
eligible student.
B. If the school district decides to amend the records, the school 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.
C. If the school 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 him/her of the right to a hearing pursuant to this policy.
X. HEARING RIGHTS AND PROCEDURES
A. Rights
1. Upon written request of a parent or eligible student to the Superintendent,
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 school 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 school 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 he or she disagrees with the district’s decision, or both.
a. Any statement placed in the records of the student shall be
maintained by the school system as part of the records of the
student as long as the record or contested portion is maintained
by the school system.
b. If the contested portion of the education record is disclosed by the
school system, the statement of disagreement by the parents
and/or eligible student shall also be disclosed.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 18 of 24
B. Procedures
1. The hearing shall be held within a reasonable time after the school system 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 school system 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.
XI. WAIVER OF RIGHTS
A. 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 his or her 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.
B. A waiver may be revoked with respect to any actions occurring after the
revocation.
C. Revocation of a waiver must be in writing.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 19 of 24
XII. SPECIAL CONFIDENTIALITY PROCEDURES FOR HIV-RELATED INFORMATION
A. The following definitions shall apply to Section XII of this policy:
1. Confidential HIV-Related Information
"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
"Health Care Provider" means any physician, dentist, nurse, provider of
services for the mentally ill 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
"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
"Release of confidential HIV-related information" means a written
authorization for disclosure of confidential HIV-related information which
is signed by the protected individual, if an eligible student, 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.
5. School Medical Personnel
"School medical personnel" means an employee of the Board who is a
school nurse or the school district medical adviser.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 20 of 24
B. 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.
C. 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:
a. the protected individual, his/her legal guardian or a person
authorized to consent to health care for such individual;
b. any person who secures a release of confidential HIV-related
information;
c. a federal, state or local health law officer when such disclosure is
mandated or authorized by federal or state law;
d. 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;
e. a medical examiner to assist in determining cause of death; or
f. any person allowed access to such information by a court order.
D. 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.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 21 of 24
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 his/her
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.
E. Disclosures 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.
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 22 of 24
XIII. 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 Policy Series 4000
REPORTS OF SUSPECTED ABUSE OR NEGLECT OF CHILDREN OR SEXUAL ASSAULT OF STUDENTS
BY SCHOOL EMPLOYEES
XIV. 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 District to comply with the
requirements of FERPA. The name and address of the agency that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
Legal References:
State Law:
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. § 10-220d
Conn. Gen. Stat. § 17-16a
Conn. Gen. Stat. § 17a-28
Conn. Gen. Stat. § 17a-101k
Conn. Gen. Stat. § 19a-581 et seq.
Conn. Gen. Stat. § 46b-134
Regs. Conn. State Agencies § 10-76d-18
Public Act 16-189, An Act Concerning Student Data Privacy
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, available at http://ctstatelibrary.org/wp-
content/uploads/2015/07/M8.pdf
Federal Law:
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §§ 1232g et seq. (as
amended)
USA Patriot Act of 2001, Pub. L. 107-56
Every Student Succeeds Act, Pub. L. No. 114-95
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 23 of 24
Healthy, Hunger-Free Kids Act of 2010, Pub. L. 111-296
34 CFR 99.1 - 99.67 (as amended)
34 CFR 300.560-300.576
Dear Colleague Letter on Transgender Students, U.S. Department of Education,
Office of Civil Rights, U.S. Department of Justice, Civil Rights Division (May 13,
2016), available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-
201605-title-ix-transgender.pdf
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), available at
http://www.ed.gov/policy/gen/guid/fpco/ferpa/safeschools/.
ADOPTED: April 9, 2002
REVISION: October 14, 2014
REVISION: March 21, 2017 (Replaces policy #5125)
238848v43
CONFIDENTIALITY AND ACCESS TO EDUCATION RECORDS POLICY Page 24 of 24
Colchester Public Schools
5125R
STUDENTS
ADMINISTRATIVE REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS
(FERPA)
The School District will appoint a Custodian of Records who will ensure that student education
records are kept as follows:
A. CATEGORY “A” RECORDS:
1. Category A includes official administrative records that constitute the minimum
personal data necessary for the operation of the educational system.
2. Category A records shall be maintained for at least fifty (50) years after the student
leaves the school district or graduates.
3. All Category A records created by the district shall include the student’s state-
assigned student identifier (SASID).
4. Notice of a student’s suspension or expulsion shall be expunged from the student’s
cumulative education record if the student graduates from high school, except for
notice of an expulsion of a student in grades nine through twelve, inclusive, based
upon possession of a firearm or deadly weapon.
5. *In cases where a student is suspended or expelled for the first time, and the
Administration or the Board, respectively, has shortened or waived the period of
suspension or expulsion in accordance with the Board’s disciplinary policy relating to
first time offenses, the Administration or the Board, respectively, may choose to
expunge such notice of suspension or expulsion from the student’s cumulative
record at the time the student completes the specified program and any other
conditions imposed by the Administration/Board, rather than upon graduation. The
Board may choose to expunge an expulsion notice from a 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. Should the notice be expunged in accordance with one of these
provisions, a record of the fact that the student had been suspended or expelled
shall be maintained apart from the student’s cumulative record, for the limited
purpose of determining whether any subsequent offenses by the student would
constitute the student’s first suspension or expulsion.
6. Category A records shall include, at a minimum, the following:
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 1 of 15
RECORD LOCATION
a. Basic biographical information Cumulative/Health File
b. Academic achievement (grades/transcripts) Cumulative File
c. Date of high school graduation Cumulative File
or equivalent
d. Records of immunizations Cumulative/Health/Pupil
Personnel File
e. Attendance records (days Cumulative File
absent/present/tardy)
f. *Notice of Expulsion for Firearm or Deadly Cumulative File
Weapon (C.G.S. 10-233c(e) , 10-233d(f) )
B. CATEGORY “B” RECORDS
1. This includes verified information for the formulation of education programs for all
students, but not absolutely necessary over an indefinite period of time.
2. Data in Category B must be accurate, clearly understood, and verified before
becoming part of any continuing record. There should be no anonymous entries in a
student’s education record.
3. Category B records must be maintained for at least six (6) years after the student
leaves the school district or graduates from high school.
4. Notice of a student’s suspension or expulsion shall be expunged from the student’s
cumulative education record if the student graduates from high school, except for
notice of an expulsion of a student in grades nine through twelve, inclusive, based
upon possession of a firearm or deadly weapon.
5. *In cases where a student is suspended or expelled for the first time, and the
Administration or the Board, respectively, has shortened or waived the period of
suspension or expulsion in accordance with the Board’s disciplinary policy relating to
first time offenses, the Administration or the Board, respectively, may choose to
expunge such notice of suspension or expulsion from the student’s cumulative
record at the time the student completes the specified program and any other
conditions imposed by the Administration/Board, rather than upon graduation. The
Board may choose to expunge an expulsion notice from a 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. Should the notice be expunged in accordance with one of these
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 2 of 15
provisions, a record of the fact that the student had been suspended or expelled
shall be maintained apart from the student’s cumulative record, for the limited
purpose of determining whether any subsequent offenses by the student would
constitute the student’s first suspension or expulsion.
6. Records containing information pertaining to child abuse/neglect referrals or
reports; or containing confidential HIV-related information should be kept separate
from the student’s cumulative folder, in confidential files.
7. Confidential HIV-related information contained in the confidential file should only be
disclosed pursuant to district policy.
8. Information contained in documents related to any Department of Children and
Families (“DCF”) child abuse and/or neglect investigation, or any such investigation
conducted by local law enforcement officials, shall be kept confidential in a central
location. Such records shall only be disclosed in accordance with the Board’s policy
regarding Confidentiality and Access to Education Records.
9. Category B records shall include the following (if applicable):
RECORD LOCATION
a. Child-Study Team Records / Student Assistance Cumulative/Pupil Personnel File
Team Records
a. Standardized group test scores
Cumulative/Pupil Personnel File
(CAPT, CMT etc.)
c. Diagnostic reading/math test results Cumulative File
(not special education)
d. Educational and/or vocational interest Cumulative File
e. Speech/language and hearing evaluations Cumulative/Health File
(not special education)
f. Comprehensive health records Cumulative/Health/Pupil
Personnel File
g. Correspondence relating to the student Cumulative/Health/Pupil
Personnel File
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 3 of 15
RECORD LOCATION
h. Suspensions/expulsions, and the Individualized Cumulative File*
Learning Plan implemented for an expelled
student, which shall include the student’s
state-assigned student identifier (SASID)
i. Parent/eligible student’s signed Cumulative/Health/Pupil
release forms Personnel File
j. Truancy Records (including record of parent Cumulative File
conferences and referrals )
k. Child Abuse/Neglect Forms CONFIDENTIAL FILE IN CENTRAL
LOCATION
l. Reports Containing Confidential CONFIDENTIAL FILE
HIV-Related Information
m. Awards Cumulative File
n. Diagnostic test results (non special education) Cumulative File/Pupil Personnel
o. Extracurricular Activities Cumulative File
p. Letters of Recommendation Cumulative File
q. Parent’s/Eligible Student’s signed release forms Cumulative File/Health/Pupil
(permitting disclosure of records) Personnel File
r. Diploma (if not picked up by student) Cumulative File
s. Accident Reports Cumulative File
t. Basic school entrance health histories Cumulative/Health File
u. Cumulative Health Record (CHR-1, original or Health File (*copy remains with
copy) district/original follows student)
v. Individualized Health Care Plans / Emergency Cumulative/Health/Pupil Personnel
Care Plans File
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 4 of 15
RECORD LOCATION
w. Health Assessment Records (HAR-3) Health File
x. Incident Reports Cumulative File
y. Medication administration records (*6 yrs OR Health File
until superseded by yearly summary on CHR-1),
which shall include the student’s state-assigned
student identifier (SASID)
z. Parent authorization for Health File
medications/treatments
aa. Physician’s orders for medications treatments Health File
bb. Referral forms for services based on results of Health/Pupil Personnel File
mandated screenings
cc. Sports histories and physical-examination Health File
reports
dd. Nursing Records (Health assessment data; Health File
rd
Nursing process notes; 3 party health records)
ee. Correspondence to parents related to verified Cumulative File
acts of bullying; intervention plans and safety
plans, as may be required under state law
C. CATEGORY “C” RECORDS – SPECIAL EDUCATION
1. Category C includes verified information necessary for the formulation of prescriptive
educational plans designed to meet the unique needs of selected students.
2. Category C information should be kept separate from the student’s cumulative folder,
in the Pupil Personnel File.
3. Category C records must be maintained for at least six (6) years after the student leaves
the school district or graduates from high school.
4. Prior to the destruction of Category C information, notification to parents and/or eligible
students via media will be made and opportunity provided to copy said records.
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 5 of 15
Category C shall include (where applicable):
RECORD LOCATIONS
a. PPT referral forms Pupil Personnel File
b. School counselor case records Cumulative/ Pupil
Personnel File
c. School psychologists case records Cumulative/Pupil
Personnel File
d. School social-work case records Cumulative/Pupil
Personnel File
e. School speech/language pathology case records Cumulative/Pupil
Personnel File
f. Section 504 Records Cumulative/Pupil
Personnel File
g. Special Education assessment/evaluation reports Pupil Personnel File
h. Due process records (including complaints, Pupil Personnel File
mediations, and hearings)
i. Individual Transition Plan Pupil Personnel File
j. Individualized Education Program (“IEP”) Records Pupil Personnel File
k. Planning and Placement Team (“PPT”) records Pupil Personnel File
(including notices, meetings, consent forms)
l. Individualized Family Service Plans (“IFSPs”) Pupil Personnel File
m. Incident Reports of Seclusion Pupil Personnel File
n. Incident Reports of Physical Restraint Pupil Personnel File
D. CATEGORY “D” RECORDS
1. Category D records must be maintained for minimum retention period specified below.
Category “D” shall include (if applicable):
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 6 of 15
MINIMUM RETENTION
RECORD REQUIRED LOCATION
a. Sports Contract/Student Contract End of school year in Cumulative File
(including signature sheet for student which signed
handbook)
b. Permission slips / waivers 3 years Cumulative File
c. Free/reduced meal application and 3 years Cumulative File
documentation
d. Annual Notification to Parents 1 year Cumulative File
(Student behavior and Discipline, Bus
Conduct, Electronic Communications
Systems, and the National School Lunch
Program)
e. Adult education Registration 3 years or until audited, Cumulative File
Records whichever comes first
f. After school program registration 1 year Cumulative File
records
g. Pesticide application notification 5 years Cumulative File
registration form
h. School registration records including 3 years or until audited, Cumulative File
residency documentation whichever comes later
i. Student portfolio work (student End of year in which May be Maintained by
produced work for grading assessment) student received grade Individual Teachers
j. Tardy slips from parents/guardians End of school year Cumulative File
k. Physician’s Standing orders Permanent; revise as Health File
required. Keep old copy
separately.
l. Student’s emergency information Until superseded or Cumulative/Health File
card student leaves school
district
m. Test Protocols Discretion of district Cumulative/Pupil
Personnel File
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 7 of 15
n. Surveillance videotapes made on 2 weeks N/A
school bus (*if maintained by district)
o. Log of access to education records Maintained for same Cumulative/Health/Pupil
retention period as Personnel
required for the record
E. DURATION OF EDUCATION RECORDS
1. Records shall be destroyed in accordance with district policy and the Records
Retention Schedule of the Public Records Administrator.
2. Records may be maintained for longer periods of time whenever valid cause for
the retention of records is shown to the custodian of records.
3. Notwithstanding the applicable retention schedule, the school district shall not
destroy any education record if a parent or eligible student has an outstanding
request to inspect and review the education record.
F. MAINTENANCE OF EDUCATION RECORDS OF TRANSGENDER AND GENDER NON-
CONFORMING STUDENTS
1. The Administration shall comply with all processes and procedures relative to
the amendment of education records when presented with a request to change
a student’s name, gender, or any other information contained in education
records.
2. If the Administration changes the name and/or gender in a transgender or
gender non-conforming student’s education record, all education records
containing the student’s birth name and gender shall be maintained, if so
required under federal and/or state law and regulations, separately from other
education records and in a strictly confidential location and manner.
G. RESPONSIBILITY FOR MAINTENANCE OF EDUCATION RECORDS
1. The Director of Pupil Personnel [or Special Education] is the Custodian of Records.
2. In addition, the following personnel are designated as the guardians of records for
each of the schools:
a) Categories A, B & D: Principal at each school.
b) Category C: Case Manager at each school.
c) With respect to confidential HIV-related information, if the Principal is a recipient
of an HIV-related disclosure, the Principal shall be the guardian of records. If not,
whoever was the recipient of the HIV-related disclosure shall be the guardian of
the records.
d) With respect to child abuse and neglect investigation material, the Superintendent
of Schools or designee shall be the guardian of the records.
3. The chief custodian of records will annually list for public inspection the names and
positions of the custodians of records in each of the schools.
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 8 of 15
4. Each of the custodians of records shall supply parents, on request, a list of the types
and locations of education records collected, maintained, or used within the
Colchester Public Schools.
5. The custodians of records is responsible for ensuring compliance with the
confidentiality and access provisions of this Board policy and these administrative
regulations.
ADOPTED: July 31, 2014
REVISED: October 9, 2018
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 9 of 15
Appendix A
Model Notification of Rights
Under FERPA for Elementary and Secondary Institutions
[NOTE: Under the procedures outlined in the policy, the following information will be disclosed
on an annual basis to parents of students currently in attendance, or eligible students currently
in attendance.]
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, et seq.,
affords parents and eligible students (i.e., students over 18, emancipated minors, and those
attending post-secondary educational institutions) certain rights with respect to the student’s
education records. They are:
(1) The right to inspect and review the student’s education records within forty-five
(45) calendar days of the day the District receives a request for access.
Parents or eligible students should submit to the school principal [or appropriate school
official] a written request that identifies the record(s) they wish to inspect. The principal [or
appropriate school official] will make arrangements for access and notify the parents or eligible
student of the time and place where the records may be inspected.
(2) The right to request the amendment of the student’s education records that the
parents or eligible student believe are inaccurate or misleading, or otherwise violate the
student’s privacy rights.
Parents or eligible students who wish to ask the District to amend a record should write
the school principal [or appropriate school official], clearly identify the part of the record the
parents or eligible student want changed, and specify why it should be changed.
If the District decides not to amend the record as requested by the parents or eligible
student, the District will notify the parents or eligible student of the decision and advise them
of their right to a hearing regarding the request for amendment. Additional information
regarding the hearing procedures will be provided to the parents or eligible student when
notified of the right to a hearing.
(3) The right to privacy of personally identifiable information in the student’s
education records, except to the extent that FERPA authorizes disclosure without consent.
One exception that permits disclosure without consent is disclosure to a school official
with legitimate interests. A 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); a person serving on the Board of Education; a person or
company with whom the District has outsourced services or functions it would otherwise use its
own employees to perform (such as an attorney, auditor, medical consultant, or therapist); or a
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 10 of 15
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 his or her tasks. A school official has a legitimate educational interest if the official
needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the District discloses a student’s education record without consent 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 is already enrolled if the
disclosure is for purposes of the student’s enrollment or transfer. Further, and in accordance
with state and federal law and guidance, the District may disclose education records to another
school for enrollment purposes, which may include exploration of educational placement
options by the District or educational placement decisions made by a planning and placement
or Section 504 team, or in order to explore placement options for the provision of alternative
educational opportunities.
(4) The right to file a complaint with the U.S. Department of Education concerning
alleged failures by the District to comply with the requirements of FERPA. The name and
address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-8520
Unless notified in writing by a parent or eligible student to the contrary within two
weeks of the date of this notice, the school district will be permitted to disclose “Directory
Information” concerning a student, without the consent of a parent or eligible student.
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. It 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.
The school district may disclose directory information about students after they are no
longer in enrollment in the school 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.
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 11 of 15
An objection to the disclosure of directory information shall not prevent the school
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
school district from requiring students to wear or display a student identification card.
The written objection to the disclosure of directory information shall be good for only
one school year. School districts are legally obligated to provide military recruiters and
institutions of higher learning, 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 shall be in writing and shall be
effective for one school year. 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 school
district and is consistent with the district’s obligations under both state and federal law.
Notification of Data Sharing Agreements Under Conn. Gen. Stat § 10-234bb(g)
[NOTE: This notice must be sent on or before September 1 of each school year]
Pursuant to the requirements of Conn. Gen. Stat. § 10-234bb(g), the [Insert Board of
education] (the “Board”) maintains and updates an Internet website with information relating
to all contracts into which it has entered for which a contractor may gain access to student
records, student information, or student-generated content (collectively, “student data”). The
address of the Internet website is [insert address]. The Internet website includes copies of
these contracts, and notices regarding each contract that include (1) the date the contract was
executed, (2) a brief description of the contract and the purpose of the contract and (3) what
student data may be collected as a result of the contract.
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 12 of 15
RELEASE OF CONFIDENTIAL HIV-RELATED INFORMATION
I hereby authorize ________[name of individual who holds the information]________,
to release confidential HIV-related information, as defined in Conn. Gen. Stat. § 19a-581,
concerning _______[name of protected individual]_____, to the following personnel:
_____ 1) School Nurse
_____ 2) School Administrator(s)
a) ____________________
b) ____________________
_____ 3) Student’s Teacher(s)
a) ____________________
b) ____________________
_____ 4) Paraprofessional(s)
_____ 5) Director of Pupil Personnel Services
_____ 6) Other(s)
a) ____________________
b) ____________________
This authorization shall be valid for
_____ 1) The Student’s stay at _________________ School.
_____ 2) The current school year.
_____ 3) Other _________________
specify period
I provide this information based on my responsibility to consent for the health care of
_____________. I understand that such information shall be held confidential by the persons
authorized here to receive such information, except as otherwise provided by law.
___________________________
[Name]
____________________________
[Relationship to Student]
____________________________
[Date]
11/5/2018
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 13 of 15
TRANSFER OF CONFIDENTIAL STUDENT INFORMATION
Date: ___________________
Pursuant to the Family Educational Rights and Privacy Act (“FERPA”), I hereby authorize the
[___________________] Public Schools to release and/or obtain (please circle) the following
confidential records regarding my child for the purpose of
______________________________________________:
Name of Child: _____________________________________________
Address: _____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
DOB: __________________
Parent(s)/Guardian(s):_________________________________________
School: _____________________________________________
(Please check all that apply)
Obtain Release
All Records □ □
Cumulative File □ □
Pupil Personnel/Special Education □ □
Disciplinary □ □
Health/Medical* □ □
Other (please specify) □ □
_______________________________
_______________________________
_______________________________
To/From: _______________________________________________________________________
Name
Address: ________________________________ ______________________ _______________
Street Town State/Zip Code
Telephone: (_______)________________ Fax: (________)_______________________
I understand that the information to be disclosed is protected as an “education record” under FERPA, and
that such information shall not be redisclosed unless permitted under FERPA. I further understand that
the officers, employees, and agents of any party that receives protected information under FERPA may use
such information only for purposes for which the disclosure is made.
___________________________________ ____________________
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 14 of 15
Signature of Parent/Guardian Date
___________________________________
Print Name of Parent/Guardian
***************************************************************************************
*If this authorization is being used to obtain Protected Health Information from a child’s physician or
other covered entity under HIPAA, the following section must also be completed:
I, the undersigned, specifically authorize _______________________________ to disclose my child’s
Name of Physician
medical information, as specified above, to my child’s school, ________________________________,
Name of School
at the above address for the purposes described below (i.e. health assessment for school entry, special
education evaluation etc.):
___________________________________________________________________________________
By signing below, I agree that a photocopy of this authorization will be valid as the original. This
authorization will be valid for a period of one year from the date below. I understand that I may revoke
this authorization at any time by notifying the physician’s office in writing, but if I do, it will not have any
effect on actions taken by the Physician prior to receiving such revocation.
I understand that under applicable law, the information disclosed under this authorization may be subject
to further disclosure by the recipient and thus, may no longer be protected by federal privacy regulations.
I understand that my child’s treatment or continued treatment with any health care provider or
enrollment or eligibility for benefits with any health plan may not be conditioned upon whether or not I
sign this authorization and that I may refuse to sign it.
Any information received by the school pursuant to this authorization is subject to all applicable state and
federal confidentiality laws governing further use and disclosure of such information.
***************************************************************************************
___________________________________ ____________________
Signature of Parent/Guardian Date
___________________________________
Print Name of Parent/Guardian
11/5/2018
REGULATIONS REGARDING CLASSIFICATION OF EDUCATION RECORDS (FERPA) Page 15 of 15
Colchester Public Schools
5126P
STUDENTS
AWARDS FOR ACHIEVEMENT
The Board of Education encourages the professional staff to maintain a set of criteria and
procedures for presenting letters or other suitable awards to students for scholarship and
distinguished service in any school activity. In all cases, the relationship between the award and
the relevant goal or goals of the schools should be pointed out.
The professional staff is authorized to review and approve, or reject, proposed trophies, prizes,
scholarships or other awards from non-school donors. Acceptance will require affirmative
answers to at least the following questions:
1. Can the proposed award be considered free from motives of personal or corporate gain and
publicity?
2. Are the criteria for making the award under the control of the professional staff, or
acceptable to the staff?
3. Are the purposes, either implied or explicit, of the proposed award consistent with our
schools' goals?
Policy adopted: April 9, 2002
Revised: December 11, 2018
NSC
cf. 1323P Gifts to Students Policy
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
AWARDS FOR ACHIEVEMENT Page 1 of 1
Colchester Public Schools
Series 5000
Students
CONNECTICUT SUMMATIVE ASSESSMENTS POLICY
Each student enrolled in grades three through eight inclusive and grade eleven shall take a
statewide assessment measuring whether or not a student has mastered essential grade level
skills in reading, language arts, and mathematics. An assessment will be administered in
science for grades five, eight, and ten only. These assessments shall be administered under the
supervision of the Connecticut State Board of Education.
Student scores on each component of the statewide tests shall be included on their permanent
record.
The school district will not require achievement of a satisfactory score on these statewide
assessments, or any subsequent retest on a component of such assessments as the sole
criterion of promotion or graduation.
Special education students shall participate in state assessments. The Planning and Placement
Team will determine the use of modifications and/or administration of alternate assessments
for individual students in accordance with Connecticut State Department of Education
guidelines.
Limited English proficient (LEP) students shall participate in state assessments and must take
the Language Assessment Scales (LAS). Accommodations, as established by State Department
of Education guidelines, may be used.
In compliance with federal legislation, a participation standard of 100 percent of the total
school population, as well as for each subgroup (e.g. race/ethnicity, gender, special education,
bilingual/ESL, eligibility for free and reduced lunch), will be the participation goal.
Legal Reference: Connecticut General Statutes
10-14n Statewide mastery examination. Conditions for re-examination.
Limitation on use of test results.
10-14o Compensatory education grant. Financial statement of expenditures.
10 14p Reports by local and regional boards re instructional improvement and
student progress.
10-14q Exceptions (as amended by PA 01-205)
PL 107-110 - Title I, 34 CFR Part 2000
34 CFR Part 200 Regulations appearing in Federal Register, 9/13/06
ADOPTED: February 11, 2003
REVISION: December 9, 2003
REVISION: December 14, 2010
REVISION: April 12, 2016 (Replaces Policy #6146.2)
CONNECTICUT SUMMATIVE ASSESSMENTS POLICY Page 1 of 1
Colchester Public Schools
5131P
STUDENTS
CONDUCT
Student Behavior
Students shall be properly instructed in rules and regulations of acceptable conduct;
they shall then be responsible for understanding and complying with the standards of
behavior described therein. Any student who fails to comply with these rules and
regulations concerning student behavior is liable to suspension, exclusion, or expulsion.
Areas of Responsibility
1. Board of Education
The Board of Education holds the certified personnel responsible for the proper
conduct and control of students while legally under the supervision and jurisdiction
of the school.
2. Principal
The Principal may implement necessary procedures and rules and regulations to
render effective the policies of the Board of Education relating to standards of
student behavior. The Principal may involve representatives of all areas of school
personnel, students, parents and citizens of the community.
3. Teachers
Teachers shall be responsible for the instruction of students in rules and regulations
of proper conduct, as well as be responsible for proper and adequate control of
students. The responsibility and authority of any teacher extends to all students of
the school district under the assigned supervision of the teacher and to other
students so situated with respect to the teacher as to be subject to the teacher's
control.
4. Parents
Parents shall be expected to cooperate with school authorities regarding the
behavior of their children. Parents shall be held responsible for the willful
misbehavior of their children.
CONDUCT Page 1 of 2
Notification of Behavior Code
The Board of Education designee shall, at the beginning of each school year, notify the
parent or guardian of minor students registered in the district of the rules of the district
pertaining to student discipline.
The Principal of each school shall take steps to ensure that all rules pertaining to the
discipline of students are communicated to students at the beginning of each school
year, and to transfer students at the time of their enrollment in the school.
(cf. 5144 – Student Discipline)
Legal Reference: Connecticut General Statutes
52-572 Parental liability for torts of minors. Damage def med.
POLICY ADOPTED: April 9, 2002
REVISED: May 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
CONDUCT Page 2 of 2
Colchester Public Schools
5131.1P
STUDENTS
BUS CONDUCT
School transportation privileges are extended to school students conditional upon their
satisfactory behavior on the bus. Unsatisfactory student behavior on the bus which
endangers persons or property, or violates a Board policy or administrative regulation,
may be cause for suspension of transportation services by the administration.
Unless an emergency exists, no student shall be suspended without an informal hearing
by the administration at which such student shall be informed of the reasons for the
disciplinary action and given an opportunity to explain the situation. In determining the
length of a suspension period, the administration may receive and consider evidence of
past disciplinary problems which have led to suspension of transportation services.
If a student loses the bus privilege, he/she will be allowed to ride home that day only.
Students who lose bus privileges are still required to attend school and it is the
responsibility of parents to see that the students are in school. Students can be
suspended/expelled from school due to unsatisfactory behavior on the school bus.
Discipline code should be cross referenced.
(cf. 5144P STUDENT DISCIPLINE POLICY)
Connecticut General Statutes
10-186 Duties of local and regional boards of education re school attendance
10-220 Duties of boards of education
10-221 Boards of education to prescribe rules
10-233c Suspension of pupils
POLICY ADOPTED: April 19, 2002
REVISED: June 4, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
BUS CONDUCT Page 1 of 1
5131.11P
STUDENTS
SURVEILLANCE ON SCHOOL PROPERTY
The Board of Education recognizes the district’s responsibility to maintain order and
discipline on school property. The Board also desires to afford students and staff privacy
in respect to the records maintained by the district. The Board recognizes the value of
electronic surveillance systems in monitoring activity on school property in furtherance
of protecting the health, welfare and safety of its students and staff. The students and
staff of the district recognize that their security and safety depends upon the capacity of
the district to maintain discipline and that a certain amount of restraint upon the
activities of students is assumed and expected. The Board of Education having carefully
weighed and balanced the rights of privacy of students and staff against the district’s
duty to maintain order and discipline, retains the right to provide for the use of video
camera surveillance on school grounds as follows:
1. The district shall notify its students and staff that video surveillance may
occur on any school property. The district shall incorporate said notice in the
student handbook.
2. The use of video surveillance equipment on school grounds and on other
District property shall be supervised and controlled by the building
administrator or other responsible administrator.
3. The use of video recordings from surveillance equipment shall be subject to
the other policies of the district including policies concerning the
confidentiality of student and personnel records.
4. Video surveillance shall only be used to promote the order, safety and
security of students, staff and property.
Legal Reference: Connecticut General Statutes
10-221 Boards of Education to prescribe rules
Education of the Handicapped Act of 1975, as
amended
Individuals with Disabilities Education Act
SURVEILLANCE ON SCHOOL PROPERTY Page 1 of 2
Family Education Rights and Privacy Act
POLICY ADOPTED: April 17, 2012
REVISED: July 14, 2020
REVISED: March 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SURVEILLANCE ON SCHOOL PROPERTY Page 2 of 2
4118.4(a)
4218.4(a)
~5131.11(a)
Personnel / Students
Surveillance on School Property
The following rules shall apply to video surveillance:
1. The district shall notify its students, their parents/guardians and its staff that
video surveillance may occur on any school property. The district shall
incorporate said notice in the student handbook and District’s Policy Handbook.
Signs shall be posted at each building with video cameras.
2. The use of surveillance equipment on school property and on other district
property shall be supervised and controlled by the building administrator/
designee or district transportation coordinator, as applicable.
3. The use of recordings from surveillance equipment shall be subject to the other
policies of the district including policies concerning the confidentiality of student
and personnel records.
4. Surveillance shall be used only to promote the order, safety and security of
students, staff and property and to assist school administrators in deciding upon
appropriate disciplinary action.
Student Records
1. The district will comply with laws regarding student records requirements
including the Family Education and Privacy Act and the Education of All
Handicapped Children Act of 1975 as applicable in the district’s use of
recordings. Recordings considered for retention, as part of the student’s
behavioral record will be maintained in accordance with established student
record procedures governing their access, review and release.
Staff Records
1. Video recordings considered for retention as part of the employee’s personnel
record will be maintained in accordance with established Board personnel
policies, administrative regulations and labor agreements governing access,
review and release of employee personnel records.
4118.4(b)
4218.4(b)
~5131.11(b)
Personnel / Students
Surveillance on School Property
Storage Security
1. All recordings will be stored and secured in accordance with established Board
record retention policies.
2. Recording will be stored for not more than sixty days after initial recording,
whereupon such recordings will be released for erasure.
3. Recordings held for review of student or staff incident will be maintained in their
original form pending resolution. The tape will then be either released for erasure
or retained as necessary as a part of the student’s discipline record and or
employee’s personnel record in accordance with the established district
procedures.
Viewing Requests
1. Requests for viewing video recordings will be limited to the appropriate vehicle
driver, transportation coordinator, school administrator, parent/guardian or student
18 or older or others as deemed appropriate by the transportation coordinator or
superintendent/designee. Requests for viewing will be limited to those
parents/guardians, students and/or district officials with a direct interest in the
proceedings deemed appropriate by the superintendent/designee. The district’s
School Resource Officer may also review the video at the request of a school
administrator who requests assistance for determination of school policy violation
and/or criminal behavior.
2. Requests for viewing may be made to the Director of Operations, principal, or
superintendent designee.
3. Only the portion of the video recording concerning a specific incident(s) will be
made available for viewing.
Viewing
1. Actual viewing will only be permitted at school related sites, including the
transportation office, schools, and district office or as otherwise required by law.
2. All viewing will include the transportation coordinator and/or a school
administrator.
3. Recordings remain the property of the district and may be reproduced only in
accordance with law, including applicable district student records policy and
procedures and applicable labor agreements.
4118.4(c)
4218.4(c)
~5131.11(c)
Personnel / Students
Surveillance on School Property
Legal Reference: Connecticut General Statutes
10-221 Boards of Education to prescribe rules
Education of the Handicapped Act of 1975, as amended
Individuals with Disabilities Education Act
Family Education Rights and Privacy Act
Regulation adopted: April 17, 2012 Colchester Public Schools
Colchester, Connecticut
Colchester Public Schools
5131.6P
STUDENTS
DRUGS, ALCOHOL, AND TOBACCO
Statement of Policy
It shall be the policy of the Colchester Board of Education to take appropriate measures to
prevent the use and abuse of drugs, alcohol and tobacco on school property or at
school-sponsored activities. While prevention shall be the primary area of focus, the Board
of Education recognizes the need to cooperate with students and their families to
intervene in the abuse of drugs (including mood altering substances), alcohol and tobacco.
The goals of prevention and intervention shall be pursued through the use of curriculum
and classroom activities, community and family support, and community resources.
Drugs and Alcohol
The Colchester Board of Education prohibits the unauthorized possession, sale,
distribution, use or consumption of drugs, narcotics or alcoholic beverages (or any
facsimile of drugs, narcotics or alcoholic beverages, or any item represented to be drugs or
alcoholic beverages) on school property or at school-sponsored activities. For the purpose
of this policy, 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.
Controlled substances include, but are not limited to; opiates, opium derivatives,
amphetamines, certain depressants, certain stimulants, narcotics, barbiturates, and
anabolic steroids, as more particularly described in schedules I to V, inclusive, of the
Connecticut controlled substance scheduling regulations adopted pursuant to C.G.S.
Section 21a-243 and C.G.S. Section 21a-240(9). The Colchester Board of Education also
prohibits the possession of paraphernalia used or designed to be used in the consumption,
sale or distribution of drugs or alcohol on school property or at school-sponsored activities.
DRUGS, ALCOHOL, AND TOBACCO Page 1 of 7
Tobacco
There shall be no smoking or other use or unauthorized possession of tobacco products on
school property at any time. This policy extends to transportation provided by the Board
of Education, or during the course of any trip/activity sponsored by the Board of Education
or under the supervision of the Board of Education or its authorized agents.
Tobacco includes, but is not limited to cigarettes, cigars, snuff, smoking tobacco,
smokeless tobacco, nicotine, nicotine delivering devices, chemicals, or devices that
produce the same flavor or physical effect of nicotine substances; vapor products, and
any other tobacco or nicotine innovations. Notwithstanding the above, transdermal
nicotine patches used solely as part of an organized treatment program to quit smoking
shall not be considered tobacco for the purposes of this policy.
Definitions
1. Controlled Drugs means those drugs which contain any quantity of a substance
which has been designated as subject to the federal Controlled Substances Act,
or which has been designated as a depressant or stimulant drug pursuant to
federal food and drug laws, or which has been designated by the Commissioner
of Consumer Protection pursuant to C.G.S. Section 21a-243, as having a
stimulant, depressant or hallucinogenic effect upon the higher functions of the
central nervous system and as having a tendency to promote abuse or
psychological or physiological dependence, or both. Such controlled drugs are
classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type,
hallucinogenic, morphine-type and other stimulant and depressant drugs. C.G.S.
Section 21a-240(8).
2. Controlled Substances means a drug, substance or immediate precursor in
schedules I to V, inclusive, of the Connecticut controlled substance scheduling
regulations adopted pursuant to C.G.S. Section 21a-243. C.G.S. Section 21a-
240(9).
3. Drug Paraphernalia means 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
DRUGS, ALCOHOL, AND TOBACCO Page 2 of 7
introducing controlled drugs or controlled substances into the human body,
including but not limited to all items specified in C.G.S. Section 21a-240(20)(A),
such as "bongs," pipes, "roach clips," miniature cocaine spoons, crack cocaine
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. C.G.S. Section 21a-240(20)(A).
4. Electronic nicotine delivery system means an electronic device that may be used
to simulate smoking in the delivery of nicotine or other substance 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.
5. Liquid nicotine container means a container that holds a liquid substance
containing nicotine that is sold, marketed or intended for use in an electronic
nicotine delivery system or vapor product, except "liquid nicotine container" does
not include such a container that is prefilled and sealed by the manufacturer and
not intended to be opened by the consumer.
6. Vapor product means 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 that is
inhaled by the user of such product.
7. Professional Communication: any communication made privately and in
confidence by a student to a professional employee of such student's school in
the course of the professional employee's employment. C.G.S. Section 10-
154a(a)(4).
8. Professional Employee means a person employed by a school who "(A) holds a
certificate from the State Board of Education, (B) is a member of a faculty where
certification is not required, (C) is an administration officer of a school, or (D) is a
registered nurse employed by or assigned to a school." C.G.S. Section 10-
154a(a)(2).
9. School-sponsored Activity means any activity sponsored, recognized, or
authorized by a board of education and includes activities conducted on or off
school property.
DRUGS, ALCOHOL, AND TOBACCO Page 3 of 7
Procedures
1. Emergencies
If an emergency situation results from drug or alcohol use, the student shall be
sent to the school nurse or medical advisor immediately. The parent or
designated responsible person will be notified.
2. Prescribed Medications
Students may possess and/or self-administer medications in school in
accordance with the Board’s policy concerning the administration of medication
in school.
Students taking improper amounts of a prescribed medication, or otherwise
taking medication contrary to the provisions of the Board’s policy on the
administration of medication will be subject to the procedures for improper drug
or alcohol use outlined in this policy.
Voluntary Disclosure of Drug/Alcohol Problem (Self-Referral)
1. The following procedures will be followed when a student privately, and in
confidence, discloses to a professional employee in a professional
communication information concerning the student's use, possession,
distribution or sale of a controlled drug, controlled substance or alcohol.
(a) Professional employees are permitted, in their professional judgment, to
disclose any information acquired through a professional communication
with a student, when such information concerns alcohol or drug abuse or
any alcohol or drug problem of such student. In no event, however, will
they be required to do so. C.G.S. Section 10-154a(b).
(b) Any physical evidence obtained from such student through a professional
communication indicating that a crime has been or is being committed by
the student must be turned over to school administrators or law
enforcement officials as soon as possible, but no later than two calendar
days after receipt of such physical evidence, excluding Saturdays,
Sundays and holidays. Employees are encouraged to contact the school
administrator immediately upon obtaining physical evidence. In no case,
however, will such employee be required to disclose the name of the
student from whom the evidence was obtained. C.G.S. Section 10-
154a(b).
DRUGS, ALCOHOL, AND TOBACCO Page 4 of 7
(c) Any professional employee who has received a professional
communication from a student may obtain advice and information
concerning appropriate resources and refer the student accordingly,
subject to the rights of the professional employee as described in
paragraph (a) above.
(d) If a student consents to disclosure of a professional communication
concerning the student's alcohol or drug problem, or if the professional
employee deems disclosure to be appropriate, the professional employee
should report the student's name and problem to the school's building
administrator or designee who shall refer the student to appropriate
school staff members for intervention and counseling.
Involuntary Disclosure or Discovery of Drug/Alcohol Problems
1. When a professional employee obtains information related to a student from a
source other than the student's confidential disclosure, that the student, on or
off school grounds or at a school sponsored activity, is under the influence of, or
possesses, uses, dispenses, distributes, administers, sells or aids in the
procurement of a controlled drug, controlled substance, drug paraphernalia or
alcohol, that information is considered to be involuntarily disclosed. In this
event, the following procedures will apply.
(a) The professional employee will immediately report the information to
the building administrator or designee. The building administrator or
designee will then refer the student to appropriate school staff members
for intervention and counseling.
(b) Any physical evidence (for example, alcohol, drugs or drug paraphernalia)
obtained from a student indicating that a crime has been or is being
committed by the student must be turned over to the building
administrator or designee or to law enforcement officials as soon as
possible, but no later than within two calendar days after receipt of such
physical evidence, excluding Saturdays, Sundays and holidays. C.G.S.
Section 10-154a(b). Because such evidence was not obtained through a
professional communication, the name of the student must be disclosed
to the building administrator or designee.
(c) Search and Seizure of Students and/or Possessions: A professional
employee who reasonably suspects that a student is violating a
state/federal law or a school substance abuse policy must immediately
report his/her suspicion to the building administrator or designee. The
building administrator or designee may then search a student's person or
DRUGS, ALCOHOL, AND TOBACCO Page 5 of 7
possessions connected to that person, in accordance with the Board's
policies and regulations if he/she has reasonable suspicion from the
inception of the search that the student has violated or is violating either
the law or a school substance abuse policy.
Any physical evidence obtained in the search of a student, or a student's
possessions, indicating that the student is violating or has violated a state
or federal law must be turned over to law enforcement officials as soon
as possible, but not later than within three calendar days after receipt of
such physical evidence, excluding Saturdays, Sundays and holidays.
C.G.S. Section 10-154a(c). All school employees are encouraged to
contact the school administration immediately upon obtaining physical
evidence.
2. Consequences for the Use, Sale, Distribution or Possession of Controlled Drugs,
Controlled Substances, Drug Paraphernalia or Alcohol.
(a) Any student in the Colchester Public Schools using, consuming,
possessing, being under the influence of, manufacturing, distributing,
selling or aiding in the procurement of controlled drugs, controlled
substances, drug paraphernalia or alcohol either on or off school
property, or at a school-sponsored activity, except as such use or
possession is in accordance with Connecticut General Statutes § 21a-
408a through 408q, is subject to discipline up to and including expulsion
pursuant to the Board's student discipline policy.
(b) In conformity with the Board’s student discipline policy, students may be
suspended or expelled for drug or alcohol use off school grounds if such
drug or alcohol use is considered seriously disruptive of the educational
process. In determining whether the conduct is seriously disruptive of
the educational process, the Administration and the Board may consider,
among other factors: 1) whether the drug or alcohol use occurred within
close proximity of a school; 2) whether other students from the school
were involved; and 3) whether any injuries occurred.
(c) If a school administrator has reason to believe that any student was
engaged, on or off school grounds, in offering for sale or distribution a
controlled substance (as defined by 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. Stats. §§ 21a-277 and 21a-
DRUGS, ALCOHOL, AND TOBACCO Page 6 of 7
278, the administrator will recommend such student for expulsion, in
accordance with the Board’s student discipline policy.
(d) Students found to be in violation of this policy may be referred by the
building administrator to an appropriate agency licensed to assess and
treat drug and alcohol involved individuals. In such event, assessment
and treatment costs will be the responsibility of the parent or guardian.
(e) A meeting may be scheduled with appropriate school staff members for
the purpose of discussing the school's drug and alcohol policy with the
student and parent or guardian.
(f) Law enforcement officials may be contacted by the building
administrator in the case of suspected involvement in the use, sale or
distribution of controlled drugs, controlled substances, drug
paraphernalia or alcohol.
Legal References: Connecticut General Statutes
10-19 Programs to be offered on effects of drugs and alcohol.
10-154 Professional communication between teacher or nurse and
student.
10-221(d) Boards of Education to prescribe rules re use, sale of,
possession.
10-233a(h) definition of school-sponsored activity.
21a-240 Definitions, dependency producing drugs.
21a-243 Regulation re schedules of controlled substances.
Public Act 19-13
Federal Law
Pro-Children Act of 2001, Pub. L. 107-110, 115 Stat. 1174, 20
U.S.C. § 7183
POLICY ADOPTED: April 9, 2002
REVISED: January 10, 2006
REVISED: August 12, 2014
REVISED: February 13, 2019
REVISED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
DRUGS, ALCOHOL, AND TOBACCO Page 7 of 7
Colchester Public Schools
Series 5000
Students
STUDENT DRIVING AND PARKING POLICY
Motorized Recreational Vehicles
The Board of Education declares that the grounds of the school (including roads and parking lots)
are off limits to use at all times by scooters, mini-bikes, motorcycles, snowmobiles, or other
recreational type motorized vehicles. When school is being occupied for school or community
purposes, parking lots are available for parking only.
Permission for Student Use of Automobiles
The student use of automobiles on school grounds is a privilege afforded to students under limited
circumstances, in accordance with the criteria set forth in this policy and any applicable
administrative regulation promulgated by the administration.
Eligibility Criteria for Permits
Student driving and parking permits shall only be issued by the administration to students who
meet the following criteria:
1. A student must have and maintain a valid driver's license, vehicle registration, and
insurance as required under Connecticut law.
2. A student must comply with Connecticut’s Graduated Driver Licensing laws.
3. A student must have and maintain an attendance record free from excessive absences or
tardiness to school.
4. A student must maintain satisfactory progress toward grade level promotional criteria in all
subjects.
5. A student must maintain slow and safe control of his/her vehicle on the school grounds
and streets surrounding school parking area, and comply with any applicable limitations of
his/her drivers’ license.
6. A student must have and maintain a disciplinary record free from expulsions and/or
excessive suspensions from school.
7. A student under the age of 18 must have and maintain parental permission for driving and
parking on campus.
8. As part of the application process, each student must have his/her parents sign a release
STUDENT DRIVING AND PARKING POLICY Page 1 of 2
waiving all liability or property damage claims against the school, school officials and the
Colchester Board of Education.
Loss of Permit:
If the administration determines that a student has failed to maintain eligibility criteria for a
driving and parking permit, the administration shall revoke the student’s permit. The
administration shall permit a student to provide information about the proposed loss of permit
prior to making a final decision about the loss of a permit. Any student who loses his or her permit
shall not be eligible for a permit for the remainder of the school year in which the permit has been
revoked.
Issuance of Permits:
1. A permit is valid for one academic year only, and valid only for the car to which it is
assigned.
2. A valid permit must be displayed at all times when on school property.
3. Preference shall be given for permit applications for students as follows:
a. Students who require late admissions or early dismissal for approved purposes.
b. Students engaged in extracurricular activities.
c. Students employed on a part-time basis that requires the use of a car. (an
employer's signature is required in such cases)
4. If, after permits have been issued for preferred student applicants, the number of
applications for student permits exceeds the parking available, the administration shall
conduct a blind lottery to determine which students shall be issued permits.
5. Seniors will have the first opportunity for available parking spaces in the teachers' parking
lot.
Legal Reference: Connecticut General Statutes
10-221 Boards of education to prescribe rules
ADOPTED POLICY: April 9, 2002
REVISED POLICY: August 9, 2016 (Replaces Policy 5131.3)
STUDENT DRIVING AND PARKING POLICY Page 2 of 2
Colchester Public Schools
5131.5P
STUDENTS
VANDALISM BY MINORS
The parent or guardian of any minor/unemancipated child who willfully cuts, defaces or
otherwise injures in any way any property, real or personal, belonging to the school district
shall be held liable for all such damages up to the maximum amount allowed under state
law.
The liability provided under Connecticut General Statutes 52-572 does not relieve the
minor(s) of personal liability for such damage or injury. This liability of the parent for
damages done by a minor child is in addition to any other liability which exists in law.
The parent or guardian of a minor child shall also be held liable for all property belonging
to the school system lent to the student and not returned upon demand of the school
system. The student may also be liable to disciplinary and legal action.
Vandalism by an Adult Student
A student eighteen or over in age shall be held personally liable for any damage done to
any property, real or personal, belonging to the school district. The student may also be
subject to disciplinary and legal action.
Legal Reference: Connecticut General Statutes
10-221(c) Board of education to prescribe rules (re sanctions that
may be imposed by a board against pupils who damage or fail to
return textbooks, library materials or other educational materials)
52-572 Parental liability for torts of minors. Damage defined (as
amended by P.A. 79-58)
POLICY ADOPTED: April 9, 2002
REVISED: May 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
VANDALISM BY MINORS Page 1 of 1
Colchester Public Schools
Series 5000
Students
USE OF PRIVATE TECHNOLOGY BY STUDENTS POLICY
Students may possess privately owned technological devices on school property and/or during
school sponsored activities, in accordance with the mandates of this policy and any applicable
administrative regulations as may be developed by the Superintendent of Schools.
Definitions
Board Technology Resources
For the purposes of this policy, “Board Technology Resources” refers to the Board’s computers
and instructional technologies; communications and data management systems; informational
technologies and the Internet; and any other technology resources owned and/or used by the
school district and accessible by students.
Privately Owned Technological Devices
For the purposes of the this policy, “Privately Owned Technological Devices” refers to privately
owned wireless and/or portable electronic hand-held equipment that can be used for word
processing, wireless Internet access, image capture and recording, sound recording,
information transmitting and/or receiving, storing, etc. These devices may include, but are not
limited to, personal laptops, Smartphones, network access devices, Kindles, Nooks, cellular
telephones, radios, walkmen, CD players, I-Pads or other tablet computers, walkie-talkies,
Blackberries, personal data assistants, I-Phones, Androids and other electronic signaling
devices.
Use of Privately Owned Technological Devices
Privately owned technology devices may be used during the school day, except when
prohibited by staff.
Use of any such device for an improper purpose is prohibited. Improper purposes include, but
are not limited to:
• Sending any form of harassing, threatening, or intimidating message, at any time, to
any person (such communications may also be a crime);
• Gaining or seeking to gain unauthorized access to Board technology resources;
• Damaging Board technology resources;
USE OF PRIVATE TECHNOLOGY BY STUDENTS POLICY Page 1 of 4
• Accessing or attempting to access any material that is obscene or contains
pornography;
• Cyber bullying;
• Using such device to violate any school rule, including the unauthorized recording
(photographic or audio) of another individual without the permission of the individual
or a school staff member; or
• Taking any action prohibited by any Federal or State law.
Search of Privately Owned Technological Devices
A student’s privately owned technological device may be searched if there are reasonable
grounds for suspecting that the search will turn up evidence that the student has violated or is
violating either the law or the rules of the school. Any such search shall be reasonably related
to the objectives of the search and not excessively intrusive in light of the age and gender of the
student and the nature of the infraction.
Responsibility for Privately Owned Technological Devices
Students are responsible for the safety and use of their privately owned technological devices.
If a privately owned technology device is stolen, lost, or damaged, a report should be made to
the building principal, who will investigate the loss in a manner consistent with procedures for
stolen or damaged personal property. Students and parents should be aware that the Board is
not liable for any privately owned technological device that is stolen, lost, or damaged while at
school or during a school-sponsored activity. For that reason, students are advised not to share
or loan their privately owned technological devices with other students.
Disciplinary Action
Misuse of the Board’s technology resources and/or the use of privately owned technological
devices to access or utilize the Board’s technology resources in an inappropriate manner or the
use of such devices in any manner inconsistent with this policy will not be tolerated and will
result in disciplinary action. For students, a violation of this policy may result in loss of access
privileges, a prohibition on the use and/or possession of privately owned technological devices
on school property or at school-sponsored activities, and/or suspension or expulsion in
accordance with the Board’s policies related to student discipline.
Access to Board Technology Resources
It is the policy of the Colchester Board of Education to permit students, using their privately
owned technology devices, to access the Board’s computers and instructional technologies;
communications and data management systems; informational technologies and the Internet;
and any other technology resources used by the school district and accessible by students.
USE OF PRIVATE TECHNOLOGY BY STUDENTS POLICY Page 2 of 4
Additionally, it is the expectation of the Board of Education that students who access these
resources while using privately owned technology devices will act at all times appropriately in
ways which are fully in accord with applicable policies concerning technology use as well as all
local, state, and federal laws.
Through the publication and dissemination of this policy statement and others related to use of
the Board’s computer systems, as well as other instructional means, the Board educates
students about the Board’s expectations for technology users.
The Board technology resources shall only be used to access educational information and to
promote learning activities both at home and at school. The Board considers access to its
technology resources to be a privilege and not a right. Students are expected to act at all times
appropriately in ways which are fully in accord with applicable policies concerning technology
use as well as all local, state, and federal laws when using the Board technology resources.
Failure to do so will result in the consequences outlined herein and in other applicable policies
(including, but not limited to, the Safe School Climate Plan, the Student Discipline Policy and the
Use of Computers Policy).
Students must abide by the procedures outlined in this policy and all policies and applicable
regulations outlined in the Board’s computer use and other applicable policies. Students will be
given specific information for log-on and access procedures using school accounts. No user may
deviate from these log-on/access procedures. Students are advised that the Board’s network
administrators have the capability to identify users and to monitor all privately owned
technological devices while they are logged on to the network. Students must understand
that the Board has reserved the right to conduct monitoring of Board technology resources and
can do so despite the assignment to individual users of passwords for system security. Any
password systems implemented by the Board are designed solely to provide system security
from unauthorized users, not to provide privacy to the individual system user. The system's
security aspects, message delete function and personal passwords can be bypassed for
monitoring purposes. Therefore, students should be aware that they should not have any
expectation of personal privacy in the use of privately owned technological devices to access
Board technology resources. This provision applies to any and all uses of the Board’s
technology resources and that any privately owned technological devices access same.
Harm to Board Technology Resources
Any act by a student using a privately owned technological device that harms the Board’s
technology resources or otherwise interferes with or compromises the integrity of Board
technology resources will be considered vandalism and will be subject to discipline and/or
appropriate criminal or civil action.
Closed Forum
This policy shall not be construed to establish a public forum or a limited open forum.
USE OF PRIVATE TECHNOLOGY BY STUDENTS POLICY Page 3 of 4
Legal References:
Conn. Gen. Stat. § 31-48d
Conn. Gen. Stat. §§ 53a-182; 53a-183; 53a-250
Electronic Communication Privacy Act, 28 U.S.C. §§ 2510 through 2520
ADOPTED: March 13, 2012
REVISION: May 10, 2016 (Replaces policy #5131.81)
USE OF PRIVATE TECHNOLOGY BY STUDENTS POLICY Page 4 of 4
Colchester Public Schools
00
Series 5000
Students
ADMINISTRATIVE REGULATIONS FOR USE OF PRIVATE TECHNOLOGY BY STUDENTS
Building level administrators, in consultation with the Superintendent and in compliance with
this policy, other district polices, regulations, rules, and procedures, are authorized to
determine the extent of the use of technology devices within their schools, on the school’s
property, and while students are attending that school’s sponsored activities.
The district reserves the right to restrict the use of technology devices at any time. Guidelines:
Secondary
Building administrators are authorized to determine the extent of the use of technology
devices. Students are allowed to bring such devices (cell phones, smart phones, laptop, E-
readers, tablets, etc.) onto the school property. These devices may be used for educational or
instructional purposes unless prohibited by staff.
Elementary and Intermediate School
Building administrators are authorized to regulate the use of technology devices. Students are
allowed to bring technology devices onto the school property and use them for classroom or
instructional-related activities only when initiated by a staff member.
Buses
Technology devices may be used on a school bus; their use must follow the Board of
Education’s discipline policy 5144 and Series 5000 Use of Private Technology Devices by
Students.
Adopted: March 13, 2012
Revision: May 10, 2016 (Replaces regulation #5131.81)
ADMINISTRATIVE REGULATION USE OF PRIVATE TECHNOLOGY BY STUDENTS Page 1 of 1
Colchester Public Schools
5131.9P
STUDENTS
GANG ACTIVITY OR ASSOCIATION
Gangs which initiate, advocate, or promote activities which threaten the safety or well-
being of persons or property on school grounds or which disrupt the school environment
are harmful to the educational process. The use of hand signals, graffiti, or the presence of
any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color,
arrangement, trademark, symbol, or any other attribute which indicates or implies
membership or affiliation with such a group, presents a clear and present danger. This is
contrary to the school environment and educational objectives and creates an atmosphere
where unlawful acts or violations of school regulations may occur.
Incidents involving initiations, hazings, intimidations, and/or related activities of such group
affiliations which are likely to cause bodily danger, physical harm, or personal degradation
or disgrace resulting in physical or mental harm to students are prohibited.
The Superintendent will establish procedures and regulations to ensure that any student
wearing, carrying or displaying gang paraphernalia, or exhibiting behavior or gestures
which symbolize gang membership, or causing and/or participating in activities which
intimidate or affect the attendance of another student shall be subject to disciplinary
action.
The administration will provide service training in gang behavior and characteristics to
facilitate staff identification of students at-risk and promote membership in authorized
school groups and/or activities as an alternative.
Legal Reference: Jeglin v. San Jacinto Unified School District
(827F. Supp. 1459-C.D.Ca. 1993)
Olesen v. Board of Education School District No. 228
(676F. Supp. 820-N.D. Ill. 1987)
POLICY ADOPTED: April 9, 2002
REVISED: May 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
GANG ACTIVITY OR ASSOCIATION Page 1 of 1
f
5131.911P
STUDENTS
BULLYING PREVENTION AND INTERVENTION
The Colchester Board of Education (the “Board”) is committed to creating and
maintaining an educational environment that is physically, emotionally and intellectually
safe and thus free from bullying, teen dating violence, harassment and discrimination.
In accordance with state law and the Board’s Safe School Climate Plan, the Board
expressly prohibits any form of bullying behavior on school grounds; at a
school-sponsored or school-related activity, function or program, whether on or off
school grounds; at a school bus stop; on a school bus or other vehicle owned, leased or
used by a local or regional board of education; or through the use of an electronic device
or an electronic mobile device owned, leased or used by the Board.
The Board also prohibits any form of bullying behavior outside of the school setting if
such bullying (i) creates a hostile environment at school for the student against whom
such bullying was directed, (ii) infringes on the rights of the student against whom such
bullying was directed at school, or (iii) substantially disrupts the education process or the
orderly operation of a school. Discrimination and/or retaliation against an individual
who reports or assists in the investigation of an act of bullying is likewise prohibited.
Students who engage in bullying behavior or teen dating violence shall be subject to
school discipline, up to and including expulsion, in accordance with the Board's policies
on student discipline, suspension and expulsion, and consistent with state and federal
law.
For purposes of this policy, “Bullying” means the repeated use by one or more students
of a written, oral or electronic communication, such as cyberbullying, directed at or
referring to another student attending school in the same school district, or a physical
act or gesture by one or more students repeatedly directed at another student attending
school in the same school district, that:
(1) causes physical or emotional harm to such student or damage to such
student’s property;
(2) places such student in reasonable fear of harm to himself or herself, or of
damage to his or her property;
(3) creates a hostile environment at school for such student;
BULLYING PREVENTION & INTERVENTION Page 1 of 5
(4) infringes on the rights of such student at school; or
(5) substantially disrupts the education process or the orderly operation of a
school.
Bullying shall include, but not be limited to, a written, verbal or electronic
communication or physical act or gesture based on any actual or perceived
differentiating characteristics, such as race, color, religion, ancestry, national origin,
gender, sexual orientation, gender identity and expression, socioeconomic status,
academic status, physical appearance, or mental, physical, developmental or sensory
disability, or by association with an individual or group who has or is perceived to have
one or more of such characteristics.
For purposes of this policy, "Cyberbullying" means 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.
For purposes of this policy, “Teen Dating Violence” means any act of physical, emotional
or sexual abuse, including stalking, harassing and threatening, that occurs between two
students who are currently in or who have recently been in a dating relationship.
Consistent with the requirements under state law, the Board authorizes the
Superintendent or his/her designee(s), along with the Safe School Climate Coordinator,
to be responsible for developing and implementing a Safe School Climate Plan in
furtherance of this policy. As provided by state law, such Safe School Climate Plan shall
include, but not be limited to provisions which:
(1) Enable students to anonymously report acts of bullying to school
employees and require students and the parents or guardians of students
to be notified at the beginning of each school year of the process by
which students may make such reports;
(2) enable the parents or guardians of students to file written reports of
suspected bullying;
(3) require school employees who witness acts of bullying or receive reports
of bullying to orally notify the safe school climate specialist, or another
school administrator if the safe school climate specialist is unavailable,
not later than one school day after such school employee witnesses or
receives a report of bullying, and to file a written report not later than
two school days after making such oral report;
(4) require the safe school climate specialist to investigate or supervise the
investigation of all reports of bullying and ensure that such investigation
is completed promptly after receipt of any written reports made under
this section and that the parents or guardians of the student alleged to
BULLYING PREVENTION & INTERVENTION Page 2 of 5
have committed an act or acts of bullying and the parents or guardians of
the student against whom such alleged act or acts were directed receive
prompt notice that such investigation has commenced;
(5) require the safe school climate specialist to review any anonymous
reports, except that no disciplinary action shall be taken solely on the
basis of an anonymous report;
(6) include a prevention and intervention strategy for school employees to
deal with bullying and teen dating violence;
(7) provide for the inclusion of language in student codes of conduct
concerning bullying;
(8) require each school to notify the parents or guardians of students who
commit any verified acts of bullying and the parents or guardians of
students against whom such acts were directed not later than forty-eight
hours after the completion of the investigation described in subdivision
(4), above;
(9) require each school to invite the parents or guardians of a student against
whom such act was directed to a meeting to communicate to such
parents or guardians the measures being taken by the school to ensure
the safety of the student against whom such act was directed and policies
and procedures in place to prevent further acts of bullying;
(10) require each school to invite the parents or guardians of a student who
commits any verified act of bullying to a meeting, separate and distinct
from the meeting required in subdivision (9) above, to discuss specific
interventions undertaken by the school to prevent further acts of
bullying;
(11) establish a procedure for each school to document and maintain records
relating to reports and investigations of bullying in such school and to
maintain a list of the number of verified acts of bullying in such school
and make such list available for public inspection, and annually report
such number to the Department of Education and in such manner as
prescribed by the Commissioner of Education;
(12) direct the development of case-by-case interventions for addressing
repeated incidents of bullying against a single individual or recurrently
perpetrated bullying incidents by the same individual that may include
both counseling and discipline;
BULLYING PREVENTION & INTERVENTION Page 3 of 5
(13) prohibit discrimination and retaliation against an individual who reports
or assists in the investigation of an act of bullying;
(14) direct the development of student safety support plans for students
against whom an act of bullying was directed that address safety
measures the school will take to protect such students against further
acts of bullying;
(15) require the principal of a school, or the principal's designee, to notify the
appropriate local law enforcement agency when such principal, or the
principal's designee, believes that any acts of bullying constitute criminal
conduct;
(16) prohibit bullying (A) on school grounds, at a school-sponsored or
school-related activity, function or program whether on or off school
grounds, at a school bus stop, on a school bus or other vehicle owned,
leased or used by a local or regional board of education, or through the
use of an electronic device or an electronic mobile device owned, leased
or used by the Board, and (B) outside of the school setting if such bullying
(i) creates a hostile environment at school for the student against whom
such bullying was directed, or (ii) infringes on the rights of the student
against whom such bullying was directed at school, or (iii) substantially
disrupts the education process or the orderly operation of a school;
(17) require, at the beginning of each school year, each school to provide all
school employees with a written or electronic copy of the school district's
safe school climate plan;
(18) require that all school employees annually complete the training
described in Conn. Gen. Stat. §§ 10-220a or 10-222j related to the
identification, prevention and response to bullying; and
(19) provide on the Board’s website training materials to school administrators
regarding the prevention of and intervention in discrimination against and
targeted harassment of students based on such students’ (1) actual or
perceived differentiating characteristics, such as race, color, religion,
ancestry, national origin, gender, sexual orientation, gender identity or
expression, socioeconomic status, academic status, physical appearance
or mental, physical, developmental or sensory disability, or (2) association
with individuals or groups who have or are perceived to have one or more
of such characteristics.
The notification required pursuant to subdivision (8) (above) and the invitation required
pursuant to subdivisions (9) and (10) (above) shall include a description of the response
of school employees to such acts and any consequences that may result from the
commission of further acts of bullying. Any information provided under this policy or
BULLYING PREVENTION & INTERVENTION Page 4 of 5
accompanying Safe School Climate Plan shall be provided in accordance with the
confidentiality restrictions imposed under the Family Educational Rights Privacy Act
("FERPA") and the district's Confidentiality and Access to Student Information policy and
regulations.
The Board shall submit its Safe School Climate Plan to the State Department of
Education for review and approval. Not later than thirty (30) calendar days after
approval by the Department, the Board shall make such plan available on the Board's
and each individual school in the school district's web site and ensure that the Safe
School Climate Plan is included in the school district's publication of the rules,
procedures and standards of conduct for schools and in all student handbooks.
Legal References:
Public Act 19-166Conn. Gen. Stat. § 10-145a
Conn. Gen. Stat. § 10-145o
Conn. Gen. Stat. § 10-220a
Conn. Gen. Stat. § 10-222d
Conn. Gen. Stat. § 10-222g
Conn. Gen. Stat. § 10-222h
Conn. Gen. Stat. § 10-222j
Conn. Gen. Stat. § 10-222k
Conn. Gen. Stat. § 10-222l
Conn. Gen. Stat. §§ 10-233a through 10-233f
Policy adopted: January 14, 2003
Policy revised: January 13, 2009
Policy revised: December 13, 2011
Policy revised: March 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
BULLYING PREVENTION & INTERVENTION Page 5 of 5
Bullying Prevention & Intervention #5131.911(a)
Colchester Public Schools Safe School Climate Plan
Introduction
There is a growing understanding that school climate is an integral component of the learning environment and essential for school
improvement. Connecticut has defined school climate as “the quality and character of school life with a particular focus on the quality
of the relationships within the school community between and among students and adults.” The National School Climate Standards
provide a vision and framework for a positive and sustainable school climate. Through the implementation of appropriate prevention
and intervention strategies the Colchester Public Schools will sustain school environments where all members are welcomed,
supported and feel safe in school; socially, emotionally, physically, and intellectually. In response to the need to establish these
positive school climates, the Board of Education has adopted the following Safe School Climate Plan.
Component Actions Person(s) Responsible Timeline
Bullying Implement and enforce Bullying Prevention and Superintendent of Schools Ongoing
Prevention and Intervention Policy which includes: School Administrators
Intervention • Student codes of conduct that are defined and prohibit
Policy bullying in accordance with state law.
• A prohibition against bullying on school grounds, at a
school-sponsored or school-related activity, function or
program whether on or off school grounds, at a school
bus stop, on a school bus or other vehicle owned,
leased or used by a local or regional board of
education, or through the use of an electronic device.
• A prohibition of bullying outside of the school setting
if such bullying results in any of the following: (i)
creates a hostile environment at school for the student
against whom such bullying was directed, (ii) infringes
on the rights of the student against whom such bullying
was directed at school, or (iii) substantially disrupts the
education process or the orderly operation of a school.
• A prohibition against any form of discrimination and
retaliation directed toward an individual who reports or
assists in the investigation of an act of bullying is also
strictly prohibited.
• A prohibition against teen dating violence as defined
as, “any act of physical, emotional, or sexual abuse,
including stalking, harassment and threatening that
occurs between two students who are currently or have
Bullying Prevention & Intervention #5131.911(b)
recently been in a dating relationship.”
Notification • Provide all school employees with a written or Safe School Climate District Annually
Requirements electronic copy of the school district's Safe School Coordinator
Climate Plan.
• Notify students and parents/guardians/caregivers of the Safe School Climate District Annually
process by which students may make reports of Coordinator
bullying.
• Notify students and parents/guardians of the process by Safe School Climate District Ongoing
which students may make anonymous reports of Coordinator, Specialists, and
bullying. School Administrators
• Educate students about the district’s Bullying School Administrators Ongoing
Prevention and Intervention Policy through Teachers
developmentally appropriate discussions of the
schools’ behavioral expectations as specified in policy.
• Educate parents/guardians/caregivers about the
district’s Bullying Prevention and Intervention Policy School Administrators Annually
through a variety of communication vehicles including
the digital backpack, open houses, PTO meetings,
Community conversation/forums, etc.
• Publish Bullying Prevention and Intervention Policy
and Safe School Climate Plan on the school and
district's web sites and in the District Policy Handbook Superintendent of Schools Annually
for parents/guardians/caregivers and student School principal
handbooks.
Safe School • Appoint District Safe School Climate Coordinator Superintendent of Schools Annually
Climate • Appoint Safe School Climate Specialists in each school
Committee School Principals Annually
• Establish Safe School Climate Committee in
accordance with the law, including at least one
parent/guardian/caregiver of a student at the school Safe School Climate District Annually
Coordinator and Safe School
• Ensure that parent(s)/guardian(s)/caregiver(s) serving Climate Specialists
on the Committee do not participate in any activities
Bullying Prevention & Intervention #5131.911(c)
which may compromise the confidentiality of any
student. Safe School Climate District Ongoing
• Establish roles, responsibilities and procedures for Safe Coordinator and Safe School
School Climate Committee including: Climate Specialists
• Receive copies of completed reports following
investigations of bullying; Safe School Climate Specialists Ongoing
• Identify and address patterns of bullying among
students in the school;
• Review and make recommendations to amend
school policies relating to bullying;
• Review and make recommendations to the district
safe school climate coordinator regarding the
district's safe school climate plan based on issues
and experiences specific to the school;
• Educate students, school employees and parents
and guardians of students on issues relating to
bullying;
• Collaborate with the district safe school climate
coordinator in the collection of data regarding
bullying, in accordance with the law;
• Perform any other duties as determined by the
school principal that are related to the prevention,
identification and response to school bullying for
the school.
Prevention and • Identify effective evidence-based prevention and Director of Curriculum, Ongoing
Intervention intervention strategies. Strategies may include, but are Instruction, Safe School Climate
Strategy not limited to the following: District Coordinator and Safe
School Climate Specialists
o Implement a positive behavioral interventions
and supports process or another evidence-based Identified teachers
curriculum for safe school climate or for the Ongoing
prevention of bullying
o Make students aware of school rules School Administrators and
prohibiting bullying, harassment and Teachers Ongoing
intimidation and establish appropriate
consequences for those who engage in such
Bullying Prevention & Intervention #5131.911(d)
acts;
o Provide adult supervision of outdoor areas, School Administrators and
hallways, the lunchroom, the bus, and other School Employees Ongoing
specific areas where bullying is likely to occur;
o Inclusion of grade-appropriate bullying
education and prevention curricula in Director of Curriculum and
kindergarten through high school; Instruction, Identified Teachers Ongoing
o Individual interventions with the bully, parents
and school employees, and interventions with Safe School Climate Specialists
the bullied child, parents and school employees; and School Administrators
o School-wide training related to safe school Annual
climate, to include relevant training in Title
IX/Sexual harassment, Section 504/ADA, and Director of Curriculum and
cultural diversity. Instruction/School Principals Ongoing
o Student peer training, education and support,
including advocacy for victims Ongoing, as
indicated
o Promotion of parent involvement in bullying Safe School Climate Specialists As determined by
prevention through individual or team Committee
participation in meetings, trainings and
individual interventions. Safe School Climate Specialists
and School Administrators
o Training in prevention, identification and
response to teen dating violence for school
employees.
• Implement the evidence-based prevention and School Administrators
intervention strategies identified by the Safe School
Climate Committee
Identified School Employees
Bullying Prevention & Intervention #5131.911(e)
Assessment of • Complete an assessment using the school climate Safe School Climate Committee Biennially
School assessment instruments including surveys, approved thereafter,
Climate and disseminated by the State Department of Education
for each school Safe School Climate District
• Submit assessment results for each school in the district Coordinator
to the State Department of Education Safe School Climate Committee Biennially
• Review and analyze data obtained from climate
surveys/ make necessary modifications to the district Safe School Climate Committee
plan Ongoing
• Compare and contrast survey results with the National District Safe School Climate
School Climate Standards and best practices Coordinator
• Meet with Safe School Climate Specialists at least Ongoing
twice during each school year to discuss issues related
to school climate/bullying and make recommendations
to BOE Policy Committee concerning revisions to the Two times per
District’s Bullying Prevention and Intervention Policy school year
and/or Safe School Climate Plan
Bullying Prevention & Intervention #5131.911(f)
Training • Provide all certified school employees training on the Safe School Climate District Annually
prevention, identification and response to bullying and Coordinator and Specialists
the prevention of and response to youth suicide. The
training will be provided to teachers, administrators and
pupil personnel who hold the initial educator,
provisional educator or professional educator certificate
via in-service training.
• Provide all other school employees training provided
by the State Department of Education. CSDE with Safe School Climate Annually
District Coordinator and
• Provide annual notice to students and Specialists
parents/guardians/caregivers of the process by which
bullying reports are made School Principal Annually
• Ensure the inclusion of language in student discipline
policy concerning bullying as posted in District Parent Superintendent of Schools
Policy Manual Board of Education Annually
• Provide all school employees with written or electronic
copy of school district’s safe school climate plan Superintendent of Schools Annually at
beginning of school
• Require that all school employees and bus drivers year
annual complete training on the identification,
prevention, and response to bullying as required by law Director of Curriculum and
Instruction/School Principals Annually
Transportation Coordinator
Bullying Prevention & Intervention #5131.911(g)
Reporting • Orally notify the Safe School Climate Specialist or All school employees Within one school
Procedures school Administrator after being witness to acts of day after
bullying or receiving reports of bullying witnessing/receiving
• File a written report with the Safe School Climate All school employees report
Specialist after being witness to acts of bullying or
receiving reports of bullying Within two school
• Any student who believes s/he has been the victim of All Students days of oral
bullying/cyberbullying or who has witnessed bullying notification
behavior should report the matter to any school
employee, either in writing or anonymously. Ongoing
• Parent(s)/guardian(s)/caregiver(s) may file written
reports of Suspected bullying/cyberbullying. All
• Report acts of bullying that may constitute a criminal Parents/Guardians/Caregivers
offense to appropriate law enforcement
School administrator Ongoing
Ongoing
Investigation • Develop and disseminate investigation procedures for Safe School Climate District Annually
use by safe school climate specialists. Coordinator
• Investigate or supervise the investigation of all reports
of bullying and ensure that such investigation is Safe School Climate Promptly
completed promptly after receipt of any written reports. Specialists/School
Administrators
• Review any anonymous reports, except that no
disciplinary action shall be taken solely on the basis of
an anonymous report. Safe School Climate Promptly
Specialists/School
• Determine whether the alleged conduct occurred & Administrators
whether such conduct constitutes bullying as defined in
the district policy. Safe School Climate Upon completion of
Specialists/School investigation
• Investigate bullying incidents that raise concerns about Administrators
discrimination or harassment on basis of legally
protected classifications School administrators refer As indicated
Bullying Prevention & Intervention #5131.911(h)
• Notify the parents/caregivers of the victim and the investigations to Director of
parents/caregivers of the student alleged to have Pupil Services
committed acts of bullying that an investigation has School Administrators Promptly
commenced.
Response to • Take prompt corrective action that is reasonably Safe School Climate Upon determination
Verified Acts calculated to stop the bullying and prevent any Specialists/School that bullying has
of Bullying recurrence of such behavior, if it is determined that Administrators occurred
bullying has occurred.
• Notify the parents/guardians/caregivers of students who School Administrators
commit any verified acts of bullying and the parents or 48 hours after the
guardians of students against whom such acts were completion of the
directed. This notification shall include a description investigation
of the response of school employees to such acts, with
care taken to respect the statutory privacy rights of
others students, including the perpetrator. The specific
disciplinary consequences imposed on the perpetrator,
or personally identifiable information about a student
other than the parent/guardian/caregiver’s own child
may not be disclosed except as provided by law.
• Invite the parent(s)/guardian(s)/caregiver(s) of students
who engage in any verified acts of bullying after the
completion of the investigation to a meeting at which
the following will be shared: School Administrator
1. A description of the verified act(s). Upon determination
2. A description of the school’s interventions in that bullying has
response to the act(s). occurred
3. Consequences, as appropriate
• Invite the parent(s)/guardian(s)/caregiver(s) of any
student against whom an act of bullying was verified
after the completion of the investigation at which the
following information will be shared:
1. A description of the verified act(s). School Administrator
2. A description of the school’s interventions
designed to keep the student safe & prevent any
further acts of bullying. Upon determination
3. The content of the student safety support plan. that bullying has
Bullying Prevention & Intervention #5131.911(i)
Except in rare circumstances, such meetings with parents occurred
and guardians should be held separately.
• Develop a student safety support plan for any student
against whom an act of bullying was directed. The plan
shall address safety measures the school will take to
protect such students against further acts of bullying.
• Develop case-by-case interventions to address repeated Safe School Climate
incidents of bullying against a single individual or Specialists/School
recurrently perpetrated bullying incidents by the same Administrators
individual that may include both counseling and
discipline. Upon determination
that bullying has
occurred
Safe School Climate
Specialists/School
Administrators
Upon determination
that bullying has
occurred
Documentation • Establish a procedure for each school to: Safe School Climate District July 1, 2012
and Record o Document and maintain records relating to Coordinator & Specialists
Keeping reports and investigations of bullying in the
school.
o Maintain a list of the number of verified acts of
bullying in the school and make such list
available for public inspection. This public list
must not contain any personally identifiable
information about any student or information
that might reasonably lead to the identification
of any student.
• Report the number of verified acts of bullying in the
district’s schools to the Department of Education in Safe School Climate District Annually based on
such manner as prescribed by the Commissioner of Coordinator timeline established
Education by CSDE
Bullying Prevention & Intervention #5131.911(j)
Regulation adopted: March 11, 2003 Colchester Public Schools
Regulation revised: December 13, 2011 Colchester, CT
Regulation revised: December 9, 2014
Bullying Prevention and Intervention
#5131.911
Appendix 1(a)
Colchester Elementary School
Incident Report: Suspected Bullying Behavior
Today’s Date: _____________________________________________________________________________________
Name of Reporter (optional): _________________________________________________________________________
Name of Targeted Student (if different from above): _______________________________________________________
Grade/Teacher: ____________________________________________________________________________________
Name of Student Displaying Suspected Bullying Behavior: ___________________________________________________
Grade/Teacher: ____________________________________________________________________________________
How did you become aware of this incident?
It happened to me. I saw it happen.
I was told by a student not directly involved. I was told by the student(s) it happened to.
Other: ______________________________________
Date, time, and location of
incident – when and where
did this occur?
Were there any adults No
present? Yes, their name(s): _______________________________________________________
No
Were there other students Yes, their names are: _____________________________________________________
present? _________________________________________________________________________
_________________________________________________________________________
What happened?
(please use the back of this form if you need more space)
I have seen the student being mean-spirited to others before.
I have seen the targeted student being targeted by others before.
Name of School Employee Receiving Report Date
Bullying Prevention and Intervention
#5131.911
Appendix 1(b)
Colchester Elementary School
Initial Investigative Report of Suspected Bullying Behavior
Name of Investigator: _______________________________ Investigator’s Position @ CES: _________________
Date/Time SBB Report Rec’d: ________________________ Date of Investigation: _________________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
Would you prefer to remain anonymous?
No Yes
Have you been the target of SBB in the past? → By: ___________________________________
No Yes
→ Is further investigation required?
No Yes
→ Frequency: _____________________________
Has the student w/SBB ever targeted you in the past?
No Yes → Date of Last Occurrence: __________________
How does this person’s
behavior make you feel?
What have you tried to get
this behavior to stop?
How do you think this
problem could be
resolved?
Additional notes:
(please continue on the back of this form)
Action(s) taken (phone call
to parent, apology note,
consult w/admin., etc.)
Initial Investigator Date
Administrator Date
Further administrative action needed
Report not verified as an act of bullying/harassment
Bullying Prevention and Intervention
#5131.911
Appendix 1(c)
Colchester Elementary School
Administrative Investigation of Suspected Bullying Behavior
Name of Administrator: ______________________________________ Date of Investigation: _________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
→ This is this student’s ___________________ referral for SBB.
This report was substantiated as bullying. No Yes
This report was substantiated as harassment – referral made to Pupil Services. No Yes
Was a student safety support plan developed for the targeted student? No Yes
This report was shared with law enforcement for further investigation. No Yes _________Date
Action(s) Taken to Support Targeted Student: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Action(s) Taken to Support Student Exhibiting SBB: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Administrative Signature Date
Bullying Prevention and Intervention
#5131.911
Appendix 2(a)
Jack Jackter Intermediate School
Incident Report: Suspected Bullying Behavior
Today’s Date: _____________________________________________________________________________________
Name of Reporter (optional): _________________________________________________________________________
Name of Targeted Student (if different from above): _______________________________________________________
Grade/Teacher: ____________________________________________________________________________________
Name of Student Displaying Suspected Bullying Behavior: ___________________________________________________
Grade/Teacher: ____________________________________________________________________________________
How did you become aware of this incident?
It happened to me. I saw it happen.
I was told by a student not directly involved. I was told by the student(s) it happened to.
Other: ______________________________________
Date, time, and location of
incident – when and where
did this occur?
Were there any adults No
present? Yes, their name(s): _______________________________________________________
No
Were there other students Yes, their names are: _____________________________________________________
present? _________________________________________________________________________
_________________________________________________________________________
What happened?
(please use the back of this form if you need more space)
I have seen the student being mean-spirited to others before.
I have seen the targeted student being targeted by others before.
Name of School Employee Receiving Report Date
Bullying Prevention and Intervention
#5131.911
Appendix 2(b)
Jack Jackter Elementary School
Initial Investigative Report of Suspected Bullying Behavior
Name of Investigator: _______________________________ Investigator’s Position @ JJIS: _________________
Date/Time SBB Report Rec’d: ________________________ Date of Investigation: _________________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
Would you prefer to remain anonymous?
No Yes
Have you been the target of SBB in the past? → By: ___________________________________
No Yes
→ Is further investigation required?
No Yes
→ Frequency: _____________________________
Has the student w/SBB ever targeted you in the past?
No Yes → Date of Last Occurrence: __________________
How does this person’s
behavior make you feel?
What have you tried to get
this behavior to stop?
How do you think this
problem could be
resolved?
Additional notes:
(please continue on the back of this form)
Action(s) taken (phone call
to parent, apology note,
consult w/admin., etc.)
Initial Investigator Date
Administrator Date
Further administrative action needed
Report not verified as an act of bullying/harassment
Bullying Prevention and Intervention
#5131.911
Appendix 2(c)
Jack Jackter Intermediate School
Administrative Investigation of Suspected Bullying Behavior
Name of Administrator: ______________________________________ Date of Investigation: _________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
→ This is this student’s ___________________ referral for SBB.
This report was substantiated as bullying. No Yes
This report was substantiated as harassment – referral made to Pupil Services. No Yes
Was a student safety support plan developed for the targeted student? No Yes
This report was shared with law enforcement for further investigation. No Yes ________Date
Action(s) Taken to Support Targeted Student: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Action(s) Taken to Support Student Exhibiting SBB: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Administrative Signature Date
Bullying Prevention and Intervention
#5131.911
Appendix 3(a)
William J. Johnston Middle School
Incident Report: Suspected Bullying Behavior
Today’s Date: _____________________________________________________________________________________
Name of Reporter (optional): _________________________________________________________________________
Name of Targeted Student (if different from above): _______________________________________________________
Grade/Teacher: ____________________________________________________________________________________
Name of Student Displaying Suspected Bullying Behavior: ___________________________________________________
Grade/Teacher: ____________________________________________________________________________________
How did you become aware of this incident?
It happened to me. I saw it happen.
I was told by a student not directly involved. I was told by the student(s) it happened to.
Other: ______________________________________
Date, time, and location of
incident – when and where
did this occur?
Were there any adults No
present? Yes, their name(s): _______________________________________________________
No
Were there other students Yes, their names are: _____________________________________________________
present? _________________________________________________________________________
_________________________________________________________________________
What happened?
(please use the back of this form if you need more space)
I have seen the student being mean-spirited to others before.
I have seen the targeted student being targeted by others before.
Name of School Employee Receiving Report Date
Bullying Prevention and Intervention
#5131.911
Appendix 3(b)
William J. Johnston Middle School
Initial Investigative Report of Suspected Bullying Behavior
Name of Investigator: _______________________________ Investigator’s Position @ WJJMS: _________________
Date/Time SBB Report Rec’d: ________________________ Date of Investigation: _________________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
Would you prefer to remain anonymous?
No Yes
Have you been the target of SBB in the past? → By: ___________________________________
No Yes
→ Is further investigation required?
No Yes
→ Frequency: _____________________________
Has the student w/SBB ever targeted you in the past?
No Yes → Date of Last Occurrence: __________________
How does this person’s
behavior make you feel?
What have you tried to get
this behavior to stop?
How do you think this
problem could be
resolved?
Additional notes:
(please continue on the back of this form)
Action(s) taken (phone call
to parent, apology note,
consult w/admin., etc.)
Initial Investigator Date
Administrator Date
Further administrative action needed
Report not verified as an act of bullying/harassment
Bullying Prevention and Intervention
#5131.911
Appendix 3(c)
William J. Johnston Middle School
Administrative Investigation of Suspected Bullying Behavior
Name of Administrator: ______________________________________ Date of Investigation: _________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: ______________________________________________
→ This is this student’s ___________________ referral for SBB.
This report was substantiated as bullying. No Yes
This report was substantiated as harassment – referral made to Pupil Services. No Yes
Was a student safety support plan developed for the targeted student? No Yes
This report was shared with law enforcement for further investigation. No Yes ______________Date
Action(s) Taken to Support Targeted Student: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Action(s) Taken to Support Student Exhibiting SBB: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Administrative Signature Date
Bullying Prevention and Intervention
#5131.911
Appendix 4(a)
Bacon Academy
Incident Report: Suspected Bullying Behavior
Today’s Date: _____________________________________________________________________________________
Name of Reporter (optional): _________________________________________________________________________
Name of Targeted Student (if different from above): _______________________________________________________
GR 9 GR 10 GR 11 GR 12
Name of Student Displaying Suspected Bullying Behavior: __________________________________________________
GR 9 GR 10 GR 11 GR 12
How did you become aware of this incident?
Self-Report Informed by victim(s)
Informed by a student not directly involved in this incident Witness to this incident
Other: ______________________________________
Date, time, and location of
incident – when and where
did this occur?
Were there any adults No
present? Yes: __________________________________________________________________
No
Were there other students Yes: ___________________________________________________________________
present? _________________________________________________________________________
_________________________________________________________________________
Please explain this incident:
(please use the back of this form if you need more space)
I have seen the student displaying mean-spirited behavior targeting other students.
I have seen the targeted student being targeted by others on different occasions.
Name of School Employee Receiving Report Date
Bullying Prevention and Intervention
#5131.911
Appendix 4(b)
Bacon Academy
Initial Administrative Report of Suspected Bullying Behavior
Name of Administrator: ______________________________________________________________________________
Date/Time SBB Report Rec’d: ______________________________ Date of Investigation: ______________________
Name of Targeted Student: __________________________________________________________________________
GR 9 GR 10 GR 11 GR 12
Name of Student Demonstrating Suspected Bullying Behavior: _______________________________________________
GR 9 GR 10 GR 11 GR 12
→ This is this student’s ___________________ referral for SBB.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Would you prefer to remain anonymous?
No Yes
Have you been the target of SBB in the past? → By: ___________________________________
No Yes
→ Is further investigation required?
No Yes
→ Frequency: _____________________________
Has the student w/SBB ever targeted you in the past?
No Yes → Date of Last Occurrence: __________________
How does this person’s
behavior make you feel?
What have you tried to get
this behavior to stop?
How do you think this
problem could be
resolved?
Additional notes:
(please continue on the back of this form)
Bullying Prevention and Intervention
#5131.911
Appendix 4(c)
Bacon Academy
Administrative Investigation of Suspected Bullying Behavior
Name of Administrator: ______________________________________ Date of Investigation: _________________
Name of Targeted Student: __________________________________________________________________________
Name of Student Demonstrating Suspected Bullying Behavior: ______________________________________________
→ This is this student’s ___________________ referral for SBB.
This report was substantiated as bullying. No Yes
This report was substantiated as harassment – referral made to Pupil Services. No Yes
Was a student safety support plan developed for the targeted student? No Yes
This report was shared with law enforcement for further investigation. No Yes ______________Date
Action(s) Taken to Support Targeted Student: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Action(s) Taken to Support Student Exhibiting SBB: Additional Notes:
Discipline Referral (see attached)
Education / Counseling
Phone Call to Parent/Guardian
→ Date/Time of Call: _______________________________________
→ Spoke with: ____________________________________________
Outside Agency Referral Made to: ______________________________
Conference Offered: Parent/Guardian Declined / Accepted
Conference Date: ____________________________________________
Outcome: __________________________________________________
Other Intervention: __________________________________________
Administrative Signature Date
1316(a)
4118.15(a)
4218.15(a)
~5131.92(a)
Mission/Goals/Objectives
Civility/Respectful Communications and Actions
Pur pose
The Colchester Board of Education promotes civility and respectful communications
among district employees, students, parents and the public. In the interest of
presenting all adults as positive role models for students, the Colchester Board of
Education encourages positive communication and discourages harassing,
defamatory, obscene, abusive, discriminatory or threatening communication or
actions, some of which may be against the law.
The intent of this policy is to maintain a civil, respectful workplace for teachers,
students, administrators, staff, parents and other members of the school community.
The following describes expected standards for staff, students, parents and members
of the public while at school, on school property or at a school function.
Standar ds for Communications
The Board expects staff, students, parents and members of the public while at
school, on school property or at a school function to communicate and act in a
manner that promotes respect for the dignity and worth of all individuals, regardless
of race, religion, color, national origin, sex, sexual orientation, marital status, age,
disability, pregnancy, gender identity or expression, socio-economic status, or role
within the school community. All adults participating in the school community are
expected to communicate and act in a manner that consistently provides positive role
models for students. The Board will regulate communications and actions by staff,
students, parents and members of the public while at school, on school property or at
a school function, when such communications or actions are contrary to these
fundamental principles.
Specifically, the Board will regulate disruptive communications and/or actions by
members of the school community that:
1) interfere, disrupt or undermine the effective operation of the school district;
2) are used to engage in harassing, defamatory, obscene, abusive,
discriminatory or threatening or similarly inappropriate communications;
3) create a hostile work environment;
4) breach confidentiality obligations of school district employees; or
5) violate the law, board policies and/or other school rules and regulation.
1316(b)
4118.15(b)
4218.15(b)
~5131.92(b)
Mission/Goals/Objectives
Civility/Respectful Communications and Actions - continued
Examples of Disr uptive Communications/Actions
Disruptive Communications/Actions include, but are not limited to:
• Using loud and/or offensive language (for example, swearing or display of
temper).
• Invading another person’s space by moving close to the individual in an
aggressive manner.
• Threatening to do physical harm to a teacher, school administrator, school
employee, student or member of the community.
• Damaging, destroying or threatening to destroy or damage school property.
• Harassing, defamatory, obscene, abusive, discriminatory or threatening
verbal, written or electronic communications.
• Any other behavior which disrupts the orderly operation of the school, a
school activity, or any other activity sponsored by the school district.
Student, Par ent, Member of the Public Resour ces
Any employee, parent, or member of the public who believes he/she was subject to
disruptive communications and/or actions on the part of a staff member should bring
such behavior to the to the attention of the building principal and/or the
Superintendent’s office.
Disciplinar y Consequences
Employees found to be in violation of this policy may be subject to disciplinary
action. Students found to be in violation of this policy may be subject to disciplinary
action in accordance with the Board’s policy concerning Student Discipline.
Parents or other members of the school community found to be in violation of this
policy may be directed to leave school property, a school building, or any activity
sponsored by the school district. Repeat violations may result in a long-term denial
of access to school property, school buildings, or activities sponsored by the school
district.
Policy Adopted: October 14, 2014 Colchester Public Schools
Colchester, CT
Colchester Public Schools
Series 5000
Students
ATTIRE AND HYGIENE POLICY
The attire and hygiene of each student in the school system are the responsibility of the student
and his/her parent(s)/guardian(s).
Each student is expected to dress and groom his/herself for the business of school in a manner
that does not distract other students or teachers, or disrupt the educational process.
If the attire or hygiene of a student is distracting, disruptive to the educational process, unhygienic,
a threat to the health or safety of any individual, or considered to be profane, obscene,
discriminatory, violent, or promoting the use of drugs, tobacco, alcohol, or firearms, the student
will be referred to the school administration or nurse. The student and/or his/her
parents/guardian will be required to take appropriate action to rectify the situation before the
student is allowed to return to the classroom.
Students who represent the school/district will be required to conform to attire and hygiene
standards as approved by the school administration and may be denied the opportunity to
participate if those standards are not met.
Appeal Process
A dress code decision may be appealed by the student or his/her parent(s)/guardian(s) as follows:
1. discuss the decision with the person(s) who made it. If not satisfied with the response,
then
2. provide a written appeal to the principal demonstrating that a policy and/or regulation was
unfairly applied. The appeal will be reviewed by the principal with a written response
provided within three working days. If not satisfied with this response, then
3. present a written appeal to the Superintendent who will review and provide a final
decision within five working days.
ADOPTED: April 9, 2002
REVISION: January 9, 2007
REVISION to format only: December 13, 2016 (Replaces Policy 5132)
CPS
ATTIRE AND HYGIENE POLICY Page 1 of 1
Colchester Public Schools
Series 5000
Students
ATTIRE and HYGIENE REGULATION
Colchester Elementary School
Attire and hygiene of students are the responsibility of the students and their
parent(s)/guardian(s). Students’ overall attire/hygiene must be neat, clean and appropriate for
the business of school. They are expected to dress so as to neither distract other students or
teachers, disrupt the educational process, or pose a health or safety threat to anyone.
CES students must adhere to the following guidelines:
• Sandals must have back straps (no flip flops).
• Shoes must have solid soles (no rollers/heelies).
• Messages or pictures on clothing should be respectful. Clothing may not contain
profanity or make references to drugs, alcohol, tobacco, sexual behavior, or firearms.
• Clothing must cover the midriff and be no shorter than mid-thigh.
• Clothing that is appropriate for the weather (we will not allow student to go out for
recess in cold weather if they do not have appropriate outer wear).
• Hats and other headwear may only be worn outside.
If a student’s attire is judged to be distractive or disruptive, every attempt will be made by staff
or administration to provide alternate clothing. A letter informing the parents of the policy
infraction will be sent home with the student.
Administration will have final determination of what is acceptable attire and/or hygiene and
will take appropriate action.
ATTIRE and HYGIENE REGULATION Page 1 of 5
Jack Jackter Intermediate School
The attire and hygiene of each student in the school system are the responsibility of the
student and his/her parent(s)/guardian(s).
Each student is expected to dress and groom him/herself for the business of school in a manner
that does not distract other students or teachers, disrupt the educational process, and/or pose
a health or safety threat to anyone.
JJIS Dress Code Regulations
JJIS students must adhere to the following guidelines:
• Sandals must have back straps (no flip flops).
• Shoes must have solid soles (no rollers/heelies).
• Messages or pictures on clothing should be respectful. Clothing may not contain
profanity or make references to drugs, alcohol, tobacco, sexual behavior, or firearms.
• Shirts must cover the midriff, any cleavage, and backs. Camisole tops must be covered.
• Shorts and skirts must be no shorter than mid-thigh.
• Hats, bandanas, hoods and other headwear may only be worn outside.
• Underwear of any kind must not be visible.
If a student’s attire is judged to be distractive or disruptive, every attempt will be made by staff
or administration to provide alternate clothing. A letter informing the parents of the policy
infraction will be sent home with the student.
If no acceptable change of clothing is available at school, students in violation of this
policy/regulation will be required to call home for a change of clothing. Students will be
required to remain in the office until they are in compliance. Those who refuse to comply may
be sent home. Administration will have final determination of what is appropriate attire and/or
hygiene.
ATTIRE and HYGIENE REGULATION Page 2 of 5
William J. Johnston Middle School
Students’ attire and hygiene must be appropriate for the business of school, including all school
activities, and must conform to the following standards:
• Not be distracting to the educational process,
• Contribute to an atmosphere of respect and safety, and
• Be modest and clean.
Clothing which is worn in physical education class shall not be worn in other classes or parts of
the school, nor shall clothing worn in regular classes be worn in physical education class.
Physical education teachers will specify the kind of clothing appropriate for their activity.
Closed-toed shoes MUST be worn during science experiments.
Specific examples of items not allowed (this list is not inclusive):
• Spiked clothing, spiked accessories, or chains
• Jackets or coats normally worn as outerwear
• Shower shoes
• Shoes with rollers/heelies
• Clothing showing cleavage or midriff. Camisole tops must be covered.
• Skirt or shorts higher than a hands length above the knee
• Visible underwear of any kind
• Items which are racist, sexist, violent, or defamatory in nature
• Head coverings except those worn pursuant to established religious customs
• Hats, hoods, bandanas, caps, doorags, visors, or sunglasses
• Clothing that contain profanity or makes references to drugs, alcohol, tobacco,
sexual behavior, or firearms
Administration will have final determination of what are appropriate attire and/or hygiene.
Students in violation of this policy/regulation will be required to call home for a change of
clothing, if no acceptable change of clothing is available at school. Students will be required to
remain in the office until they are in compliance. Those who refuse to comply may be sent
home.
ATTIRE and HYGIENE REGULATION Page 3 of 5
Bacon Academy
Bacon Academy expects that students will be clean, neatly dressed, and well-groomed at all
times. The goal of this regulation is to promote a healthy environment that upholds our core
values of Respect, Responsibility, Achievement, Safety, and Compassion, and prepares students
for work in the 21st-Century. We believe that a dress regulation is one of the key components
in creating a positive learning environment, in which high standards for academic achievement
and an understanding of career readiness can be achieved for all students.
Bacon Academy values diversity and individuality provided student attire is appropriate for the
business of school, including all school activities, and remains within the guidelines of the
standards below.
● an atmosphere that keeps the focus on educational learning
● a collegial environment at BA that encourages modesty and cleanliness
● a culture of integrity, respect, & safety, while valuing diversity
● an opportunity to learn appropriate dress for careers and postsecondary
training
Tops
Blouses/tops/shirts/sweatshirts/windbreakers/fleeces/dresses must have straps or sleeves and
cover cleavage and the complete torso through the pant line while sitting, standing, and
bending. Exposure of the skin or undergarments in said area due to sheerness, thinning, or
holes is not permitted. There may be no visible undergarments of any kind (e.g. boxers, bras,
camisoles). Pajamas are not permitted.
Bottoms
Slacks/pants/shorts/sweatpants/skirts should cover the area from the waist of the pant and/or
bottom of the shirt line, down to the fingertip length of the legs (approximately mid-thigh)
while sitting, standing, and bending. Exposure of the skin or undergarments in said area due to
sheerness, thinning, or holes is not permitted. Leggings/yoga pants may be worn with
tunic/top/sweater that covers the outline of private areas. Pajamas are not permitted.
Footwear
Footwear appropriate and safe for indoor and outdoor activity must be worn at all times and
include a hard sole with no wheels. Closed-toed shoes may be required for activities in class
(P/E, technology education, FCS, science labs, etc.).
Other Items
Items covering or obstructing the view of the face are not permitted, including sunglasses.
Outerwear such as heavier coats, jackets, or trench coats shall not be worn in the classroom
during the school day, and must be placed in student lockers.
Material that is not clothing may not be worn, carried, or used during the school day, and must
be placed in student lockers (including but not limited to blankets and snuggies).
ATTIRE and HYGIENE REGULATION Page 4 of 5
Bacon Academy - continued
Attire or tattoos that are considered to be profane, obscene, discriminatory, racist, sexist,
violent, or promoting the use of drugs, tobacco, alcohol, or firearms are not permitted.
Physical Education Classes
Clothing is worn in physical education class shall not be worn in other classes or other parts of
the school, nor shall clothing worn in regular classes be worn in physical education class.
Physical education teachers will specify the kind of clothing appropriate for physical activities.
Administration will have final determination of what are appropriate attire and/or hygiene.
Students in violation of any dress code policy may be required to call home for a change of
clothing if no acceptable change of clothing is available at school. Students may be required to
remain in the office until they are in compliance with this regulation. Those who refuse to
comply may be sent home and/or receive other disciplinary consequences.
Teachers and coaches reserve the right to set class or team expectations that are more stringent
than those defined in the Bacon Academy Dress Code. When more stringent expectations
prevail, these expectations will be communicated and will supersede this Dress Code.
ADOPTED: May 22, 2007
REVISION: December 13, 2016 (Replaces Regulation 5132)
CPS
ATTIRE and HYGIENE REGULATION Page 5 of 5
5139P
STUDENTS
PARTICIPATION FEES FOR SCHOOL ACTIVITIES
SECTION I – IMPOSITION OF FEES
Fees may be charged for participation in any school-sponsored extracurricular program,
including interscholastic programs, field trips and clubs (together, “Extracurricular Programs”).
Such fees are subject to fee waiver or reduction, as described in Section II of this policy.
Fees for athletic programs will be assessed pursuant to a written fee schedule adopted by the
Board. Written notice of the fee schedule and the waiver or reduction policy will be provided
to students and families/guardians as early as possible prior to the time the fees become due.
The fee schedule may be changed by the Board at any time.
Fees for field trips and clubs will be determined by the administration based on reasonable
costs associated with those activities.
SECTION II – FEE WAIVER OR REDUCTION
To ensure that no student is denied the opportunity to participate in Extracurricular Programs
because of an inability to pay the applicable fee, the District will consider a waiver or reduction
of such fee upon the submission of the Student Fee Waiver/Reduction Request Form, as
provided by the District. This form shall require the student or parent/guardian of such student
to attest to special circumstances that exist that would demonstrate an inability to pay, such as
a greater than 50% reduction in family income, the need to pay extraordinary medical
expenses, or eligibility for participation in the federal free and reduced-price school meal
program.
The Student Fee Waiver/Reduction Request Form must be completed and submitted to the
Principal of the student’s school. The Principal will decide whether to grant a waiver or
reduction on the basis of the information provided in this form. The Principal’s decision may be
appealed to the Superintendent of Schools. If an application for a fee waiver or reduction is
denied, the Principal must provide written notice to the student of the denial and the right to
appeal to the Superintendent.
Policy adopted: January 8, 2013
Policy revised: January 12, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
PARTICIPATION FEES FOR SCHOOL ACTIVITIES Page 1 of 1
5139(a)
Students
Participation Fees for School Activities
All student athletes must have all paperwork completed and all fees paid prior to the start of the
first official game as registered by the Connecticut Interscholastic Athletic Conference (CIAC).
Any student athlete who has not paid and/or not completed all the necessary paperwork will be
forbidden to participate in the athletic competition.
If a student has paid all fees but is no longer part of a team those fees may be refunded under the
following schedule.
1. No fees will be refunded in the following circumstances:
a. If a student athlete is disqualified from playing sports for discipline
reasons;
b. If a student athlete is disqualified from playing sports for academic
reasons; or
c. If the student athlete quits the sports team.
2. If a student athlete suffers an injury and is under Doctor’s orders not to play, the
following refund schedule will apply:
a. First game through 25% of the game season, 75% of the fees paid will be
refunded.
b. 26% through 50% of the games played, 50% of the fees paid will be
refunded.
c. After the half-way point of the game season, fees will not be refunded.
Regulation Adopted: January 8, 2013 Colchester Public Schools
Regulation Revised: March 12, 2013 Colchester, CT
5139(b)
Form
Students
Participation Fees for School Activities
STUDENT FEE WAIVER/REDUCTION REQUEST FORM
____________________________________________________________________________
Date Submitted Fee Type (sport or activity)
____________________________________________________________________________
Student Last Name Student First Name Grade Level
____________________________________________________________________________
Parent/Guardian Name Address
_____________________________________________________________________________
Home Phone Work Phone Cell Phone
Description of Fee: ________________________ Fee Amount: _________________
Nature of request: ___ full waiver of fee; OR
___ a reduction of fee to $ ___________.
To the Principal:
I am requesting a fee waiver or reduction as indicated above because special circumstances exist
that would demonstrate an inability to pay, such as a greater than 50% reduction in family
income, the need to pay extraordinary medical expenses, or eligibility for participation in the
federal free and reduced-price school meal program.
I hereby attest to the truthfulness and accuracy of the previous sentence.
____________________________________
Signature
____________________________________
Printed Name
--------------------------------------------------------------------------------------------------------------------
FOR OFFICE USE ONLY
Request Approved _______________ Request Denied ______________
____________________________________________
Principal’s Signature
______________________
Date
5139(c)
Appendix
Students
Participation Fees for School Activities
Colchester Public Schools
Participation Fee Schedule
~
Fees Effective for the 2020-2021 School Year
One Activity/Sport:
Per Student $180.00
Maximum per School Year*:
Per Family $540.00
*This includes siblings who participate in activities/sports at the same school or at
different schools
5140P
STUDENTS
STUDENT WELFARE
Student welfare and safety shall receive the highest priority in all aspects of the school
program. Each student activity shall be developed consistent with the appropriate
abilities and limitations of students in the age group and with careful attention given to
the student safety.
(cf. 5142 – Student Safety)
Legal Reference: Connecticut General Statutes
10-221 Boards of education to prescribe rules
POLICY ADOPTED: April 9, 2002
REVISED: June 9, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT WELFARE Page 1 of 1
5141P
STUDENTS
HEALTH
All students must meet the health requirements established by the Colchester schools.
The school nurse should be informed whenever a student enters the Colchester School
System so the nurse may bring the health record up to date.
(cf. 5141.3 – Health Assessment & Immunizations)
Legal Reference: Connecticut General Statutes
10-206 Health assessments
10-206a Free health assessments
10-208 Exemption from examination or treatment
10-209 Records not to be public
10-214 Vision, audiometric and postural screenings. When
required. Notification of parents re defects.
10-221 Boards of education to prescribe rules
POLICY ADOPTED: May 14, 2002
REVISED: June 9, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
HEALTH Page 1 of 1
Colchester Public Schools
5141.21P
STUDENTS
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS
A. Definitions
Administration of medication means any one of the following activities: handling,
storing, preparing or pouring of medication; conveying it to the student
according to the medication order; observing the student inhale, apply, swallow,
or self-inject the medication, when applicable; documenting that the medication
was administered; and counting remaining doses to verify proper administration
and use of the medication.
Authorized prescriber means a physician, dentist, optometrist, advanced practice
registered nurse or physician assistant, and, for interscholastic and intramural
athletic events only, a podiatrist.
Before or After School Program means any child care program operated and
administered by a local or regional board of education exempt from licensure by
the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of
Section 19a-77 of the Connecticut General Statutes. Such programs do not
include public or private entities licensed by the Office of Early Childhood or
board of education enhancement programs and extra-curricular activities.
Cartridge Injector means an automatic prefilled cartridge injector or similar
automatic injectable equipment used to deliver epinephrine in a standard dose
for emergency first aid response to allergic reactions.
Coach means any person holding a coaching permit who is hired by a local or
regional board of education to coach for a sport season.
Controlled drugs means those drugs as defined in Conn. Gen. Stat. Section 21a-
240.
Cumulative health record means the cumulative health record of a pupil
mandated by Conn. Gen. Stat. Section 10-206.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 1 of 32
Director means the person responsible for the day-to-day operations of any
school readiness program or before-and-after school program.
Eligible student means a student who has reached the age of eighteen or is an
emancipated minor.
Error means:
(1) the failure to do any of the following as ordered:
(a) administer a medication to a student;
(b) administer medication within the time designated by the
prescribing physician;
(c) administer the specific medication prescribed for a student;
(d) administer the correct dosage of medication;
(e) administer medication by the proper route;
(f) administer the medication according to generally accepted
standards of practice; or
(2) the administration of medication to a student which is not ordered, or
which is not authorized in writing by the parent or guardian of such
student, except for the administration of epinephrine or naloxone for the
purpose of emergency first aid as set forth in Sections D and E below.
Guardian means one who has the authority and obligations of guardianship of
the person of a minor, and includes: (1) the obligation of care and control; and
(2) the authority to make major decisions affecting the minor's welfare,
including, but not limited to, consent determinations regarding marriage,
enlistment in the armed forces and major medical, psychiatric or surgical
treatment.
Intramural athletic events means tryouts, competition, practice, drills, and
transportation to and from events that are within the bounds of a school district
for the purpose of providing an opportunity for students to participate in
physical activities and athletic contests that extend beyond the scope of the
physical education program.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 2 of 32
Interscholastic athletic events means events between or among schools for the
purpose of providing an opportunity for students to participate in competitive
contests that are highly organized and extend beyond the scope of intramural
programs and includes tryouts, competition, practice, drills and transportation to
and from such events.
Investigational drug means any medication with an approved investigational new
drug (IND) application on file with the Food and Drug Administration (FDA),
which is being scientifically tested and clinically evaluated to determine its
efficacy, safety and side effects and which has not yet received FDA approval.
Licensed athletic trainer means a licensed athletic trainer employed by the
school district pursuant to Chapter 375a of the Connecticut General Statutes.
Medication means any medicinal preparation, both prescription and non-
prescription, including controlled drugs, as defined in Conn. Gen. Stat. Section
21a-240. This definition includes Aspirin, Ibuprofen or Aspirin substitutes
containing Acetaminophen.
Medication Emergency means a life-threatening reaction of a student to a
medication.
Medication plan means a documented plan established by the school nurse in
conjunction with the parent and student regarding the administration of
medication in school. Such plan may be a stand-alone plan, part of an
individualized health care plan, an emergency care plan or a medication
administration form.
Medication order means the authorization by an authorized prescriber for the
administration of medication to a student which shall include the name of the
student, the name and generic name of the medication, the dosage of the
medication, the route of administration, the time of administration, the
frequency of administration, the indications for medication, any potential side
effects including overdose or missed dose of the medication, the start and
termination dates not to exceed a 12-month period, and the written signature of
the prescriber.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 3 of 32
Nurse means an advanced practice registered nurse, a registered nurse or a
practical nurse licensed in Connecticut in accordance with Chapter 378, Conn.
Gen. Stat.
Occupational Therapist means an occupational therapist employed full time by
the local or regional board of education and licensed in Connecticut pursuant to
Chapter 376a of the Connecticut General Statutes.
Optometrist means an optometrist licensed to provide optometry pursuant to
Chapter 380 of the Connecticut General Statutes.
Paraprofessional means a health care aide or assistant or an instructional aide or
assistant employed by the local or regional board of education who meets the
requirements of such board of employment as a health care aide or assistant or
instructional aide or assistant.
Physical therapist means a physical therapist employed full time by the local or
regional board of education and licensed in Connecticut pursuant to Chapter 376
of the Connecticut General Statutes.
Physician means a doctor of medicine or osteopathy licensed to practice
medicine in Connecticut pursuant to Chapters 370 and 371 of the Connecticut
General Statutes, or licensed to practice medicine in another state.
Podiatrist means an individual licensed to practice podiatry in Connecticut
pursuant to Chapter 375 of the Connecticut General Statutes.
Principal means the administrator in the school.
Research or study medications means FDA-approved medications being
administered according to an approved study protocol. A copy of the study
protocol shall be provided to the school nurse along with the name of the
medication to be administered and the acceptable range of dose of such
medication to be administered.
School means any educational facility or program which is under the jurisdiction
of the Board excluding extracurricular activities.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 4 of 32
School nurse means a nurse appointed in accordance with Conn. Gen. Stat.
Section 10-212.
School nurse supervisor means the nurse designated by the local or regional
board of education as the supervisor or, if no designation has been made by the
board, the lead or coordinating nurse assigned by the board.
School readiness program means a program that receives funds from the State
Department of Education for a school readiness program pursuant to subsection
(b) of Section 10-16p of the Connecticut General Statutes and exempt from
licensure by the Office of Early Childhood pursuant to subdivision (1) of
subsection (b) of Section 19a-77 of the Connecticut General Statutes.
Self-administration of medication means the control of the medication by the
student at all times and is self-managed by the student according to the
individual medication plan.
Teacher means a person employed full time by the Board who has met the
minimum standards as established by the Board for performance as a teacher
and has been approved by the school medical advisor and school nurse to be
designated to administer medications pursuant to the Regulations of
Connecticut State Agencies Sections 10-212a-1 through 10-212a-7.
B. General Policies On Administration of Medications
(1) Except as provided below in Section D, no medication, including non-
prescription drugs, may be administered by any school personnel
without:
(a) the written medication order of an authorized prescriber;
(b) the written authorization of the student's parent
or guardian or eligible student; and
(c) the written permission of a parent for the exchange of
information between the prescriber and the school nurse
necessary to ensure safe administration of such medication.
(2) Prescribed medications shall be administered to and taken by only the
person for whom the prescription has been written.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 5 of 32
(3) Except as provided in Section D, medications may be administered only
by a licensed nurse or, in the absence of a licensed nurse, by:
(a) a full-time principal, a full-time teacher, or a full-time licensed
physical or occupational therapist employed by the school district.
A full-time principal, teacher, licensed physical or occupational
therapist employed by the school district may administer oral,
topical, intranasal or inhalant medications. Such individuals may
administer injectable medications only to a student with a
medically diagnosed allergic condition that may require prompt
treatment to protect the student against serious harm or death.
(b) students with chronic medical conditions who are able to possess,
self-administer, or possess and self-administer medication,
provided all of the following conditions are met:
(i) an authorized prescriber provides a written medication
order, including the recommendation for possession, self-
administration, or possession and self-administration;
(ii) there is a written authorization for possession, self-
administration, or possession and self-administration from
the student's parent or guardian or eligible student;
(iii) the school nurse has developed a plan for possession, self-
administration, or possession and self-administration, and
general supervision, and has documented the plan in the
student’s cumulative health record;
(iv) the school nurse has assessed the student’s competency
for self-administration and deemed it safe and
appropriate, including that the student: is capable of
identifying and selecting the appropriate medication by
size, color, amount or other label identification; knows the
frequency and time of day for which the medication is
ordered; can identify the presenting symptoms that
require medication; administers the medication
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 6 of 32
appropriately; maintains safe control of the medication at
all times; seeks adult supervision whenever warranted;
and cooperates with the established medication plan;
(v) the principal, appropriate teachers, coaches and other
appropriate school personnel are informed the student is
possessing, self-administering, or possessing and self-
administering prescribed medication;
(vi) such medication is transported to school and maintained
under the student's control in accordance with this policy;
and
(vii) controlled drugs, as defined in this policy, may not be
possessed or self-administered by students, except in
extraordinary situations, such as international field trips,
with approval of the school nurse supervisor and the
school medical advisor in advance and development of an
appropriate plan.
(c) a student diagnosed with asthma who is able to self-administer
medication shall be permitted to retain possession of an
asthmatic inhaler at all times while attending school, in order to
provide for prompt treatment to protect such child against
serious harm or death, provided all of the following conditions are
met:
(i) an authorized prescriber provides a written order
requiring the possession of an inhaler by the student at all
times in order to provide for prompt treatment in order to
protect the child against serious harm or death and
authorizing the student’s self-administration of
medication, and such written order is provided to the
school nurse;
(ii) there is a written authorization from the student's parent
or guardian regarding the possession of an inhaler by the
student at all times in order to protect the child against
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 7 of 32
serious harm or death and authorizing the student’s self-
administration of medication, and such written
authorization is provided to the school nurse;
(iii) the conditions set forth in subsection (b) above have been
met, except that the school nurse’s review of a student’s
competency to self-administer an inhaler for asthma in the
school setting shall not be used to prevent a student from
retaining and self-administering an inhaler for asthma.
Students may self-administer medication with only the
written authorization of an authorized prescriber and
written authorization from the student’s parent or
guardian or eligible student; and
(iv) the conditions for self-administration meet any regulations
as may be imposed by the State Board of Education in
consultation with the Commissioner of Public Health.
(d) a student diagnosed with an allergic condition who is able to self-
administer medication shall be permitted to retain possession of a
cartridge injector at all times while attending school, in order to
provide for prompt treatment to protect such child against
serious harm or death, provided all of the following conditions are
met:
(i) an authorized prescriber provides a written order
requiring the possession of a cartridge injector by the
student at all times in order to provide for prompt
treatment in order to protect the child against serious
harm or death and authorizing the student’s possession,
self-administration, or possession and self-administration
of medication, and such written order is provided to the
school nurse;
(ii) there is a written authorization from the student’s parent
or guardian regarding the possession of a cartridge
injector by the student at all times in order to protect the
child against serious harm or death and authorizing the
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 8 of 32
student’s possession, self-administration, or possession
and self-administration of medication, and such written
authorization is provided to the school nurse;
(iii) the conditions set forth in subsection (b) above have been
met, except that the school nurse’s review of a student’s
competency to self-administer cartridge injectors for
medically-diagnosed allergies in the school setting shall
not be used to prevent a student from retaining and self-
administering a cartridge injector for medically-diagnosed
allergies. Students may self-administer medication with
only the written authorization of an authorized prescriber
and written authorization from the student’s parent or
guardian or eligible student; and
(iv) the conditions for self-administration meet any regulations
as may be imposed by the State Board of Education in
consultation with the Commissioner of Public Health.
(e) a student with a medically diagnosed life-threatening allergic
condition may possess, self-administer, or possess and self-
administer medication, including but not limited to medication
administered with a cartridge injector, to protect the student
against serious harm or death, provided the following conditions
are met:
(i) the parent or guardian of the student has provided written
authorization for the student to possess, self-administer,
or possess and self-administer such medication; and
(ii) a qualified medical professional has provided a written
order for the possession, self-administration, or possession
and self-administration.
(f) a coach of intramural or interscholastic athletic events or licensed
athletic trainer who has been trained in the administration of
medication, during intramural or interscholastic athletic events,
may administer inhalant medications prescribed to treat
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 9 of 32
respiratory conditions and/or medication administered with a
cartridge injector for students with medically diagnosed allergic
conditions which may require prompt treatment to protect the
student against serious harm or death, provided all of the
following conditions are met:
(i) the school nurse has determined that a self-administration
plan is not viable;
(ii) the school nurse has provided to the coach a copy of the
authorized prescriber’s order and parental permission
form;
(iii) the parent/guardian has provided the coach or licensed
athletic trainer with the medication in accordance with
Section K of this policy, and such medication is separate
from the medication stored in the school health office for
use during the school day; and
(iv) the coach or licensed athletic trainer agrees to the
administration of emergency medication and implements
the emergency care plan, identified in Section H of this
policy, when appropriate.
(g) an identified school paraprofessional who has been trained in the
administration of medication, provided medication is
administered only to a specific student in order to protect that
student from harm or death due to a medically diagnosed allergic
condition, except as provided in Section D below, and the
following additional conditions are met:
(i) there is written authorization from the student's
parents/guardian to administer the medication in school;
(ii) medication is administered pursuant to the written order
of (A) a physician licensed under chapter 370 of the
Connecticut General Statutes, (B) an optometrist licensed
to practice optometry under chapter 380 of the
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 10 of 32
Connecticut General Statutes, (C) an advanced practice
registered nurse licensed to prescribe in accordance with
section 20-94a of the Connecticut General Statutes, or (D)
a physician assistant licensed to prescribe in accordance
with section 20-12d of the Connecticut General Statutes;
(iii) medication is administered only with approval by the
school nurse and school medical advisor, if any, in
conjunction with the school nurse supervisor and under
the supervision of the school nurse;
(iv) the medication to be administered is limited to
medications necessary for prompt treatment of an allergic
reaction, including, but not limited to, a cartridge injector;
and
(v) the paraprofessional shall have received proper training
and supervision from the school nurse in accordance with
this policy and state regulations.
(h) a principal, teacher, licensed athletic trainer, licensed physical or
occupational therapist employed by the Board, coach or school
paraprofessional, provided medication is antiepileptic medication,
including by rectal syringe, administered only to a specific student
with a medically diagnosed epileptic condition that requires
prompt treatment in accordance with the student’s individual
seizure action plan, and the following additional conditions are
met:
(i) there is written authorization from the student’s
parents/guardians to administer the medication;
(ii) a written order for such administration has been received
from the student’s physician licensed under Chapter 370
of the Connecticut General Statutes;
(iii) the principal, teacher, licensed athletic trainer, licensed
physical or occupational therapist employed by the Board,
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 11 of 32
coach or school paraprofessional is selected by the school
nurse and school medical advisor, if any, and voluntarily
agrees to administer the medication;
(iv) the principal, teacher, licensed athletic trainer, licensed
physical or occupational therapist employed by the Board,
coach or school paraprofessional annually completes the
training program established by the Connecticut State
Department of Education and the Association of School
Nurses of Connecticut, and the school nurse and medical
advisor, if any, have attested, in writing, that such training
has been completed; and
(v) the principal, teacher, licensed athletic trainer, licensed
physical or occupational therapist employed by the Board,
coach or school paraprofessional receives monthly reviews
by the school nurse to confirm competency to administer
antiepileptic medication.
(i) a director of a school readiness program or a before or after
school program, or the director’s designee, provided that the
medication is administered:
(i) only to a child enrolled in such program; and
(ii) in accordance with Section L of this policy.
(j) a licensed practical nurse, after the school nurse has established
the medication plan, provided that the licensed practical nurse
may not train or delegate the administration of medication to
another individual, and provided that the licensed practical nurse
can demonstrate one of the following:
(i) training in administration of medications as part of their
basic nursing program;
(ii) successful completion of a pharmacology course and
subsequent supervised experience; or
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 12 of 32
(iii) supervised experience in the administration of medication
while employed in a health care facility.
(4) Medications may also be administered by a parent or guardian to his/her
own child on school grounds.
(5) Investigational drugs or research or study medications may be
administered only by a licensed nurse. For FDA-approved medications
being administered according to a study protocol, a copy of the study
protocol shall be provided to the school nurse along with the name of the
medication to be administered and the acceptable range of dose of such
medication to be administered.
C. Diabetic Students
(1) The Colchester Board of Education (the “Board”) permits blood glucose
testing by students who have a written order from a physician or an
advanced practice registered nurse stating the need and capability of
such student to conduct self-testing.
(2) The Board will not restrict the time or location of blood glucose testing by
a student with diabetes on school grounds who has written authorization
from a parent or guardian and a written order from a physician or an
advanced practice registered nurse stating that such child is capable of
conducting self-testing on school grounds.
(3) In the absence or unavailability of the school nurse, select school
employees may administer medication with injectable equipment used to
administer glucagon to a student with diabetes that may require prompt
treatment in order to protect the student against serious harm or death,
under the following conditions:
(a) The student’s parent or guardian has provided written
authorization;
(b) A written order for such administration has been received from
the student’s physician licensed under Chapter 370 of the
Connecticut General Statutes;
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 13 of 32
(iii) supervised experience in the administration of medication
while employed in a health care facility.
(4) Medications may also be administered by a parent or guardian to his/her
own child on school grounds.
(5) Investigational drugs or research or study medications may be
administered only by a licensed nurse. For FDA-approved medications
being administered according to a study protocol, a copy of the study
protocol shall be provided to the school nurse along with the name of the
medication to be administered and the acceptable range of dose of such
medication to be administered.
C. Diabetic Students
(1) The Colchester Board of Education (the “Board”) permits blood glucose
testing by students who have a written order from a physician or an
advanced practice registered nurse stating the need and capability of
such student to conduct self-testing.
(2) The Board will not restrict the time or location of blood glucose testing by
a student with diabetes on school grounds who has written authorization
from a parent or guardian and a written order from a physician or an
advanced practice registered nurse stating that such child is capable of
conducting self-testing on school grounds.
(3) In the absence or unavailability of the school nurse, select school
employees may administer medication with injectable equipment used to
administer glucagon to a student with diabetes that may require prompt
treatment in order to protect the student against serious harm or death,
under the following conditions:
(a) The student’s parent or guardian has provided written
authorization;
(b) A written order for such administration has been received from
the student’s physician licensed under Chapter 370 of the
Connecticut General Statutes;
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 13 of 32
(c) The school employee is selected by either the school nurse or
principal and is a principal, teacher, licensed athletic trainer,
licensed physical or occupational therapist employed by a school
district, coach or school paraprofessional;
(d) The school nurse shall provide general supervision to the selected
school employee;
(e) The selected school employee annually completes any training
required by the school nurse and school medical advisor in the
administration of medication with injectable equipment used to
administer glucagon;
(f) The school nurse and school medical advisor have attested in
writing that selected school employee completed the required
training; and
(g) The selected school employee voluntarily agrees to serve as one
who may administer medication with injectable equipment used
to administer glucagon to a student with diabetes that may
require prompt treatment in order to protect the student against
serious harm or death.
D. Epinephrine for Purposes of Emergency First Aid Without Prior Authorization
(1) For purposes of this Section D, “regular school hours” means the posted
hours during which students are required to be in attendance at the
individual school on any given day.
(2) The school nurse shall maintain epinephrine in cartridge injectors for the
purpose of emergency first aid to students who experience allergic
reactions and do not have prior written authorization of a parent or
guardian or a prior written order of a qualified medical professional for
the administration of epinephrine.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 14 of 32
(a) The school nurse, in consultation with the school nurse
supervisor, shall determine the supply of epinephrine in cartridge
injectors that shall be available in the individual school.
(b) In determining the appropriate supply of epinephrine in cartridge
injectors, the nurse may consider, among other things, the
number of students regularly in the school building during the
regular school day and the size of the physical building.
(3) The school nurse or school principal shall select principal(s), teacher(s),
licensed athletic trainer(s), licensed physical or occupational therapist(s)
employed by the Board, coach(es) and/or school paraprofessional(s) to
maintain and administer the epinephrine in cartridge injectors for the
purpose of emergency first aid as described in Paragraph (2) above, in the
absence of the school nurse.
(a) More than one individual must be selected by the school nurse or
school principal for such maintenance and administration in the
absence of the school nurse.
(b) The selected personnel, before conducting such administration,
must annually complete the training made available by the
Department of Education for the administration of epinephrine in
cartridge injectors for the purpose of emergency first aid.
(c) The selected personnel must voluntarily agree to complete the
training and administer epinephrine in cartridge injectors for the
purpose of emergency first aid.
(4) Either the school nurse or, in the absence of the school nurse, at least
one of the selected and trained personnel as described in Paragraph (3)
above shall be on the grounds of each school during regular school hours.
(a) The school principal, in consultation with the school nurse
supervisor, shall determine the level of nursing services and
number of selected and trained personnel necessary to ensure
that a nurse or selected and trained personnel is present on the
grounds of each school during regular school hours.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 15 of 32
(b) If the school nurse, or a substitute school nurse, is absent or must
leave school grounds during regular school hours, the school
nurse, school administrator or designee shall send an email to all
staff indicating that the selected and trained personnel identified
in Paragraph (3) above shall be responsible for the emergency
administration of epinephrine.
(5) The administration of epinephrine pursuant to this section must be done
in accordance with this policy, including but not limited to the
requirements for documentation and record keeping, errors in
medication, emergency medical procedures, and the handling, storage
and disposal of medication, and the Regulations adopted by the
Department of Education.
(6) The parent or guardian of any student may submit, in writing, to the
school nurse or school medical advisor, if any, that epinephrine shall not
be administered to such student pursuant to this section.
(a) The school nurse shall notify selected and trained personnel of
the students whose parents or guardians have refused emergency
administration of epinephrine.
(b) The Board shall annually notify parents or guardians of the need
to provide such written notice.
(7) Following the emergency administration of epinephrine by selected and
trained personnel as identified in this section:
(a) Such emergency administration shall be reported immediately to:
(i) The school nurse or school medical advisor, if any, by the
personnel who administered the epinephrine; and
(ii) The student’s parent or guardian, by the school nurse or
personnel who administered the epinephrine.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 16 of 32
(b) A medication administration record shall be:
(i) Submitted to the school nurse by the personnel who
administered the epinephrine as soon as possible, but no
later than the next school day; and
(ii) filed in or summarized on the student’s cumulative health
record, in accordance with Section E of this policy.
E. Documentation and Record Keeping
(1) Each school or before-and-after school program and school readiness
program where medications are administered shall maintain an individual
medication administration record for each student who receives
medication during school or program hours. This record shall include the
following information:
(a) the name of the student;
(b) the student’s state-assigned student identifier (SASID);
(c) the name of the medication;
(d) the dosage of the medication;
(e) the route of the administration,
(i.e. oral, topical, inhalant, etc.);
(f) the frequency of administration;
(g) the name of the authorized prescriber;
(h) the dates for initiating and terminating the administration of
medication, including extended-year programs;
(i) the quantity received at school and verification by the adult
delivering the medication of the quantity received;
(j) the date the medication is to be reordered (if any);
(k) any student allergies to food and/or medication(s);
(l) the date and time of each administration or omission, including
the reason for any omission;
(m) the dose or amount of each medication administered;
(n) the full written or electronic legal signature of the nurse or other
authorized school personnel administering the medication; and
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 17 of 32
(o) for controlled medications, a medication count which should be
conducted and documented at least once a week and co-signed
by the assigned nurse and a witness.
(2) All records are either to be made in ink and shall not be altered, or
recorded electronically in a record that cannot be altered.
(3) Written orders of authorized prescribers, written authorizations of parent
or guardian, the written parental permission for the exchange of
information by the prescriber and school nurse to ensure safe
administration of such medication, and the completed medication
administration record for each student shall be filed in the student's
cumulative health record or, for before-and-after school programs and
school readiness programs, in the child’s program record.
(4) Authorized prescribers may make verbal orders, including telephone
orders, for a change in medication order. Such verbal orders may be
received only by a school nurse and must be followed by a written order,
which may be faxed, and must be received within three (3) school days.
(5) Medication administration records will be made available to the
Department of Education for review until destroyed pursuant to Section
11-8a and Section 10-212a(b) of the Connecticut General Statutes.
(a) The completed medication administration record for non-
controlled medications may, at the discretion of the school
district, be destroyed in accordance with Section M8 of the
Connecticut Record Retention Schedules for Municipalities, so
long as it is superseded by a summary on the student health
record.
(b) The completed medication administration record for controlled
medications shall be maintained in the same manner as the non-
controlled medications. In addition, a separate medication
administration record needs to be maintained in the school for
three (3) years pursuant to Section 10-212a(b) of the Connecticut
General Statutes.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 18 of 32
(6) Documentation of any administration of medication by a coach or
licensed athletic trainer shall be completed on forms provided by the
school and the following procedures shall be followed:
(a) a medication administration record for each student shall be
maintained in the athletic offices;
(b) administration of a cartridge injector medication shall be reported
to the school nurse at the earliest possible time, but no later than
the next school day;
(c) all instances of medication administration, except for the
administration of cartridge injector medication, shall be reported
to the school nurse at least monthly, or as frequently as required
by the individual student plan; and
(d) the administration of medication record must be submitted to the
school nurse at the end of each sport season and filed in the
student’s cumulative health record.
F. Errors In Medication Administration
(1) Whenever any error in medication administration occurs, the following
procedures shall apply:
(a) the person making the error in medication administration shall
immediately implement the medication emergency procedures in
this Policy if necessary;
(b) the person making the error in medication administration shall in
all cases immediately notify the school nurse, principal, school
nurse supervisor, and authorized prescriber. The person making
the error, in conjunction with the principal, shall also immediately
notify the parent or guardian, advising of the nature of the error
and all steps taken or being taken to rectify the error, including
contact with the authorized prescriber and/or any other medical
action(s); and
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 19 of 32
(c) the principal shall notify the Superintendent or the
Superintendent's designee.
(2) The school nurse, along with the person making the error, shall complete
a report using the authorized medication error report form. The report
shall include any corrective action taken.
(3) Any error in the administration of medication shall be documented in the
student's cumulative health record or, for before-and-after school
programs and school readiness programs, in the child’s program record.
(4) These same procedures shall apply to coaches and licensed athletic
trainers during intramural and interscholastic events, except that if the
school nurse is not available, a report must be submitted by the coach or
licensed athletic trainer to the school nurse the next school day.
G. Medication Emergency Procedures
(1) Whenever a student has a life-threatening reaction to administration of a
medication, resolution of the reaction to protect the student's health and
safety shall be the foremost priority. The school nurse and the
authorized prescriber shall be notified immediately, or as soon as
possible in light of any emergency medical care that must be given to the
student.
(2) Emergency medical care to resolve a medication emergency includes but
is not limited to the following, as appropriate under the circumstances:
(a) use of the 911 emergency response system;
(b) application by properly trained and/or certified personnel of
appropriate emergency medical care techniques, such as cardio-
pulmonary resuscitation;
(c) administration of emergency medication in accordance with this
policy;
(d) contact with a poison control center; and
(e) transporting the student to the nearest available emergency
medical care facility that is capable of responding to a medication
emergency.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 20 of 32
(3) As soon as possible, in light of the circumstances, the principal shall be
notified of the medication emergency. The principal shall immediately
thereafter contact the Superintendent or the Superintendent's designee,
who shall thereafter notify the parent or guardian, advising of the
existence and nature of the medication emergency and all steps taken or
being taken to resolve the emergency and protect the health and safety
of the student, including contact with the authorized prescriber and/or
any other medical action(s) that are being or have been taken.
H. Supervision
(1) The school nurse is responsible for general supervision of administration
of medications in the school(s) to which that nurse is assigned.
(2) The school nurse's duty of general supervision includes, but is not limited
to, the following:
(a) availability on a regularly scheduled basis to:
(i) review orders or changes in orders and communicate
these to personnel designated to give medication for
appropriate follow-up;
(ii) set up a plan and schedule to ensure medications are
given properly;
(iii) provide training to licensed nursing personnel, full-time
principals, full-time teachers, full-time licensed physical or
occupational therapists employed by the school district,
coaches of intramural and interscholastic athletics,
licensed athletic trainers and identified paraprofessionals
designated in accordance with Section B(3)(g), above,
which training shall pertain to the administration of
medications to students, and assess the competency of
these individuals to administer medication;
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 21 of 32
(iv) support and assist other licensed nursing personnel, full-
time principals, full-time teachers, full-time licensed
physical or occupational therapists employed by the
school district, coaches of intramural and/or
interscholastic athletics, licensed athletic trainers and
identified paraprofessionals designated in accordance with
Section B(3)(g), above, to prepare for and implement their
responsibilities related to the administration of specific
medications during school hours and during intramural
and interscholastic athletics as provided by this policy;
(v) provide appropriate follow-up to ensure the
administration of medication plan results in desired
student outcomes, including providing proper notification
to appropriate employees or contractors regarding the
contents of such medical plans; and
(vi) provide consultation by telephone or other means of
telecommunications, which consultation may be provided
by an authorized prescriber or other nurse in the absence
of the school nurse.
(b) In addition, the school nurse shall be responsible for:
(i) implementing policies and procedures regarding the
receipt, storage, and administration of medications;
(ii) reviewing, on a periodic basis, all documentation
pertaining to the administration of medications for
students;
(iii) performing observations of the competency of medication
administration by full-time principals, full-time teachers,
full-time licensed physical or occupational therapists
employed by the school district, coaches of intramural
and/or interscholastic athletics and licensed athletic
trainers in accordance with Section B(3)(f), above, and
identified paraprofessionals designated in accordance with
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 22 of 32
Section B(3)(g), above, who have been newly trained to
administer medications; and,
(iv) conducting periodic reviews, as needed, with licensed
nursing personnel, full-time principals, full-time teachers,
full-time licensed physical or occupational therapists
employed by the school district, coaches of intramural
and/or interscholastic athletics and licensed athletic
trainers in accordance with Section B(3(f), above, and
identified paraprofessionals designated in accordance with
Section B(3)(g), above, regarding the needs of any student
receiving medication.
I. Training of School Personnel
(1) Full-time principals, full-time teachers, full-time licensed physical or
occupational therapists employed by the school district, coaches of
intramural and/or interscholastic athletics and licensed athletic trainers
in accordance with Section B(3)(f), above, and identified
paraprofessionals designated in accordance with Section B(3)(g), above,
who are designated to administer medications shall at least annually
receive training in their safe administration, and only trained full-time
principals, full-time teachers, full-time licensed physical or occupational
therapists employed by the school district, coaches of intramural and/or
interscholastic athletics and licensed athletic trainers in accordance with
Section B(3) (f), above, and identified paraprofessionals designated in
accordance with Section B(3)(g), above, shall be allowed to administer
medications.
(2) Training for full-time principals, full-time teachers, full-time licensed
physical or occupational therapists employed by the school district,
coaches of intramural and/or interscholastic athletics and licensed
athletic trainers in accordance with Section B(3)(f), above, and identified
paraprofessionals designated in accordance with Section B(3)(g), above,
shall include, but is not necessarily limited to, the following:
(a) the general principles of safe administration of medication;
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 23 of 32
(b) the procedures for administration of medications, including the
safe handling and storage of medications, and the required
record-keeping; and
(c) specific information related to each student’s medication plan,
including the name and generic name of the medication,
indications for medication dosage, routes, time and frequency of
administration, therapeutic effects of the medication, potential
side effects, overdose or missed doses of the medication, and
when to implement emergency interventions.
(3) The principal(s), teacher(s), licensed athletic trainer(s), licensed physical
or occupational therapist(s) employed by the Board, coach(es) and/or
school paraprofessional(s) who administer epinephrine as emergency
first aid, pursuant to Section D above, shall annually complete the
training program developed by the Departments of Education and Public
Health and training in cardiopulmonary resuscitation and first aid.
(4) The Board shall maintain documentation of medication administration
training as follows:
(a) dates of general and student-specific trainings;
(b) content of the trainings;
(c) individuals who have successfully completed general and student-
specific administration of medication training for the current
school year; and
(d) names and credentials of the nurse or school medical advisor, if
any, trainer or trainers.
(5) Licensed practical nurses may not conduct training in the administration
of medication to another individual.
J. Handling, Storage and Disposal of Medications
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 24 of 32
(1) All medications, except those approved for transporting by students for
self-medication, those administered by coaches of intramural or
interscholastic athletics or licensed athletic trainers in accordance with
Section B(3)(f) above, and epinephrine or naloxone to be used for
emergency first aid in accordance with Sections D and E above, must be
delivered by the parent, guardian, or other responsible adult to the nurse
assigned to the student's school or, in the absence of such nurse, the
school principal who has been trained in the appropriate administration
of medication. Medications administered by coaches of intramural or
interscholastic athletics or licensed athletic trainers must be delivered by
the parent or guardian directly to the coach or licensed athletic trainer in
accordance with Section B(3)(f)above.
(2) The nurse shall examine on-site any new medication, medication order
and the required authorization to administer form, and, except for
epinephrine and naloxone to be used as emergency first aid in
accordance with Sections D and E above, shall develop a medication
administration plan for the student before any medication is given to the
student by any school personnel. No medication shall be stored at a
school without a current written order from an authorized prescriber.
(3) The school nurse shall review all medication refills with the medication
order and parent authorization prior to the administration of medication,
except for epinephrine and naloxone intended for emergency first aid in
accordance with Sections D and E above.
(4) Emergency Medications
(a) Except as otherwise determined by a student’s emergency care
plan, emergency medications shall be stored in an unlocked,
clearly labeled and readily accessible cabinet or container in the
health room during school hours under the general supervision of
the school nurse or, in the absence of the school nurse, the
principal or the principal’s designee who has been trained in the
administration of medication.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 25 of 32
(b) Emergency medication shall be locked beyond the regular school
day or program hours, except as otherwise determined by a
student’s emergency care plan.
(5) All medications, except those approved for keeping by students for self-
medication, shall be kept in a designated and locked location used
exclusively for the storage of medication. Controlled substances shall be
stored separately from other drugs and substances in a separate, secure,
substantially constructed, locked metal or wood cabinet.
(6) Access to stored medications shall be limited to persons authorized to
administer medications. Each school or before-and-after school program
and school readiness program shall maintain a current list of such
authorized persons.
(7) All medications, prescription and non-prescription, shall be delivered and
stored in their original containers and in such a manner that renders
them safe and effective.
(8) At least two sets of keys for the medication containers or cabinets shall
be maintained for each school building or before-and-after school
program and school readiness program. One set of keys shall be
maintained under the direct control of the school nurse or nurses and an
additional set shall be under the direct control of the principal and, if
necessary, the program director or lead teacher who has been trained in
the general principles of the administration of medication shall also have
a set of keys.
(9) Medications that must be refrigerated shall be stored in a refrigerator at
no less than 36 degrees Fahrenheit and no more than 46 degrees
Fahrenheit. The refrigerator must be located in the health office that is
maintained for health services with limited access. Non-controlled
medications may be stored directly on the refrigerator shelf with no
further protection needed. Controlled medication shall be stored in a
locked box that is affixed to the refrigerator shelf.
(10) All unused, discontinued or obsolete medications shall be removed from
storage areas and either returned to the parent or guardian or, if the
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 26 of 32
medication cannot be returned to the parent or guardian, the medication
shall be destroyed in collaboration with the school nurse:
(a) non-controlled drugs shall be destroyed in the presence of at least
one witness;
(b) controlled drugs shall be destroyed in pursuant to Section 21a-
262-3 of the Regulations of Connecticut State Agencies; and
(c) accidental destruction or loss of controlled drugs must be verified
in the presence of a second person, including confirmation of the
presence or absence of residue, and jointly documented on the
student medication administration record and on a medication
error form pursuant to Section 10-212a(b) of the Connecticut
General Statutes. If no residue is present, notification must be
made to the Department of Consumer Protection pursuant to
Section 21a-262-3 of the Regulations of Connecticut State
Agencies.
(11) Medications to be administered by coaches of intramural or
interscholastic athletic events or licensed athletic trainers shall be stored:
(a) in containers for the exclusive use of holding medications;
(b) in locations that preserve the integrity of the medication;
(c) under the general supervision of the coach or licensed athletic
trainer trained in the administration of medication; and
(d) in a locked secured cabinet when not under the general
supervision of the coach or licensed athletic trainer during
intramural or interscholastic athletic events.
(12) In no event shall a school store more than a three (3) month supply of a
medication for a student.
K. School Readiness Programs and Before-and-After School Programs
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 27 of 32
(1) As determined by the school medical advisor, if any, and school nurse
supervisor, the following procedures shall apply to the administration of
medication during school readiness programs and before-and-after
school programs run by the Board, which are exempt from licensure by
the Office of Early Childhood:
(a) Administration of medication at these programs shall be provided
only when it is medically necessary for participants to access the
program and maintain their health status while attending the
program.
(b) Except as provided by Sections D and E above, no medication shall
be administered in these programs without:
(i) the written order of an authorized prescriber; and
(ii) the written authorization of a parent or guardian or an
eligible student.
(c) A school nurse shall provide consultation to the program director,
lead teacher or school administrator who has been trained in the
administration of medication regarding the safe administration of
medication within these programs. The school medical advisor
and school nurse supervisor shall determine whether, based on
the population of the school readiness program and/or before-
and-after school program, additional nursing services are required
for these programs.
(d) Only school nurses, directors or directors’ designees, lead
teachers or school administrators who have been properly trained
may administer medications to students as delegated by the
school nurse or other registered nurse. Properly trained directors
or directors’ designees, lead teachers or school administrators
may administer oral, topical, intranasal or inhalant medications.
Investigational drugs or research or study medications may not be
administered in these programs.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 28 of 32
(e) Students attending these programs may be permitted to self-
medicate only in accordance with the provisions of Section B(3) of
this policy. In such a case, the school nurse must provide the
program director, lead teacher or school administrator running
the program with the medication order and parent permission for
self-administration.
(f) In the absence of the school nurse during program administration,
the program director, lead teacher or school administrator is
responsible for decision-making regarding medication
administration.
(g) Cartridge injector medications may be administered by a director,
lead teacher or school administrator only to a student with a
medically-diagnosed allergic condition which may require prompt
treatment to protect the student against serious harm or death.
(2) Local poison control center information shall be readily available at these
programs.
(3) Procedures for medication emergencies or medication errors, as outlined
in this policy, must be followed, except that in the event of a medication
error a report must be submitted by the program director, lead teacher
or school administrator to the school nurse the next school day.
(4) Training for directors or directors’ designees, lead teachers or school
administrators in the administration of medication shall be provided in
accordance with Section IJ of this policy.
(5) All medications must be handled and stored in accordance with Section K
of this policy. Where possible, a separate supply of medication shall be
stored at the site of the before-and-after or school readiness program. In
the event that it is not possible for the parent or guardian to provide a
separate supply of medication, then a plan shall be in place to ensure the
timely transfer of the medication from the school to the program and
back on a daily basis.
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 29 of 32
(6) Documentation of any administration of medication shall be completed
on forms provided by the school and the following procedures shall be
followed:
(a) a medication administration record for each student shall be
maintained by the program;
(b) administration of a cartridge injector medication shall be reported
to the school nurse at the earliest possible time, but no later than
the next school day;
(c) all instances of medication administration, except for the
administration of cartridge injector medication, shall be reported
to the school nurse at least monthly, or as frequently as required
by the individual student plan; and
(d) the administration of medication record must be submitted to the
school nurse at the end of each school year and filed in the
student’s cumulative health record.
(7) The procedures for the administration of medication at school readiness
programs and before-and-after school programs shall be reviewed
annually by the school medical advisor, if any, and school nurse
supervisor.
L. Review and Revision of Policy
In accordance with the provisions of Conn. Gen. Stat. Section 10-212a(a)(2), the
Board shall review this policy periodically, and at least biennially, with the advice and
approval of the school medical advisor, if any, or other qualified licensed physician, and
the school nurse supervisor. Any proposed revisions to the policy must be made with
the advice and approval of the school medical advisor, school nurse supervisor or other
qualified licensed physician.
Legal References:
Connecticut General Statutes:
Section 10-206
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 30 of 32
Section 10-212
Section 10-212a
Section 10-220j
Section 19a-900
Section 21a-240
Section 52-557b
Public Act 18-185, “An Act Concerning the Recommendations of the Task Force on Life-
Threatening Food Allergies in Schools”
Regulations of Conn. State Agencies:
Sections 10-212a-1 through 10-212a-10, inclusive
Memorandum of Decision, In Re: Declaratory Ruling/Delegation by Licensed Nurses to
Unlicensed Assistive Personnel, Connecticut State Board of Examiners for
Nursing (April 5, 1995)
ADOPTED: August 26, 2015
REVISED: November 13, 2018
238944v32
ADMINISTRATION OF STUDENT MEDICATIONS IN THE SCHOOLS Page 31 of 32
Colchester Public Schools
127 Norwich Avenue, Suite 202
Colchester, CT 06415
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools jburt@colchesterct.org
REFUSAL TO PERMIT ADMINISTRATION OF EPINEPHRINE FOR EMERGENCY FIRST AID
Name of Child:_______________________ Date of Birth:_________________________
Address of Child:_____________________________________________________________
Name of Parent(s): ___________________________________________________________
Address of Parent(s):_________________________________________________________
(if different from child)
Connecticut law requires the school nurse and other qualified school personnel in all public
schools to maintain epinephrine in cartridge injectors (EpiPens) for the purpose of
administering emergency first aid to students who experience allergic reactions and do not
have a prior written authorization of a parent or guardian or a prior written order of a qualified
medical professional for the administration of epinephrine. State law permits the parent or
guardian of a student to submit a written directive to the school nurse or school medical
advisor that epinephrine shall not be administered to such student in emergency situations.
This form is provided for those parents who refuse to have epinephrine administered to their
child. The refusal is valid for only for the 2018-2019 school year.
I, ________________________________, the parent/guardian of ________________________,
refuse to permit the administration of epinephrine to the above named student for purposes of
emergency first aid in the case of an allergic reaction.
_______________________________________________ _______________________
Signature of Parent/Guardian Date
Please return the completed original form to your child’s school nurse.
11/2018
Page 32 of 32
Colchester Public Schools
5141.214P
STUDENTS
SUNSCREEN APPLICATION IN SCHOOL
The Colchester Board of Education (the “Board”) permits the application of sunscreen by students
within the Colchester Public Schools (the “District”), in accordance with State law. Specifically,
notwithstanding the provisions of Connecticut General Statutes § 10-212a and the Board’s policy
and/or administrative regulations concerning the administration of medication in school, any
student who is six (6) years of age or older may possess and self-apply an over-the-counter
sunscreen product while in school prior to engaging in any outdoor activity.
For a student to apply sunscreen prior to engaging in any outdoor activity, the following elements
must be met:
1. The student’s parent or guardian must sign the Board’s written authorization and submit
the authorization to the school nurse; and
2. The student and the student’s parent or guardian, where applicable, must comply with
any individual school procedures concerning the possession and self-application of
sunscreen in school.
The Board authorizes the Superintendent or his/her designee to develop administrative
regulations to implement this policy.
Legal References:
Conn. Gen. Stat. § 10-212a Administration of medications in schools, at athletic events
and to children in school readiness programs
Public Act 19-60, “An Act Allowing Students to Apply Sunscreen Prior to Engaging in
Outdoor Activities”
POLICY ADOPTED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SUNSCREEN APPLICATION IN SCHOOL Page 1 of 1
Colchester Public Schools
5141.214R
STUDENTS
ADMINISTRATIVE REGULATIONS CONCERNING SUNSCREEN APPLICATION IN SCHOOL
The Colchester Public Schools (the “District”) permits the application of sunscreen by students
within the District, in accordance with State law and Board of Education policy and administrative
regulations. Specifically, notwithstanding the provisions of Connecticut General Statutes § 10-
212a and the Board’s policy and/or administrative regulations concerning the administration of
medication in school, any student who is six (6) years of age or older may possess and self-apply
an over-the-counter sunscreen product while in school prior to engaging in any outdoor activity.
A. For a student to apply sunscreen prior to engaging in any outdoor activity, the following
elements must be met:
1. The student’s parent or guardian must sign the Board’s written authorization and
submit the authorization to the school nurse; and
2. The student and the student’s parent or guardian, where applicable, must comply
with individual school procedures concerning the possession and self-application
of sunscreen in school.
B. Individual schools shall develop processes and procedures for the self-application of over-
the-counter sunscreen in school by students age six (6) and older prior to engaging in an
outdoor activity, which processes and procedures must include that (a) the student’s
parent or guardian must sign the Board’s written authorization and submit the
authorization to the school nurse and (b) a student may only apply sunscreen that
belongs to and has been brought into school by the individual student; and may include
the following:
1. The location for self-application of sunscreen.
2. The time during the school day and in school of self-application.
3. The labeling of the sunscreen.
Legal References:
Conn. Gen. Stat. § 10-212a Administration of medications in schools, at athletic events
and to children in school readiness programs
Public Act 19-60, “An Act Allowing Students to Apply Sunscreen Prior to Engaging in
Outdoor Activities”
REGULATION ADOPTED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SUNSCREEN APPLICATION IN SCHOOL -REGULATION Page 1 of 2
5141.214R
Form #1
Colchester Public Schools
127 Norwich Avenue, Suite 202
Colchester, CT 06415
“We create innovative thinkers for a dynamic world”
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools jburt@colchesterct.org
WRITTEN AUTHORIZATION FOR THE
POSSESSION AND APPLICATION OF SUNSCREEN IN SCHOOL
Name of Child:_______________________ Date of Birth:_________________________
Address of Child: _______________________________________________________________
Name of
Parent(s):______________________________________________________________________
Address of
Parent(s):______________________________________________________________________
(if different from child)
Connecticut law permits students six (6) years of age or older to possess and self-apply an over-
the-counter sunscreen product while in school prior to engaging in any outdoor activity, with
signed parent/guardian consent.
I, ________________________________, the parent/guardian of ________________________,
Print name of parent/guardian Print name of student
permit my child to possess and self-apply an over-the-counter sunscreen product while in school
prior to engaging in any outdoor activity. I understand and agree that the Colchester Board of
Education assumes no responsibility or liability whatsoever with regard to the possession or
application of the over-the-counter sunscreen, including but not limited to whether, or the
manner in which, the sunscreen is applied; the expiration of the sunscreen; and/or any reaction
the student may have to the application of the sunscreen.
_______________________________________________ __________________________
Signature of Parent/Guardian Date
Please return the completed original form to your child’s school nurse.
SUNSCREEN APPLICATION IN SCHOOL - REGULATION Page 2 of 2
5141.22P
STUDENTS
COMMUNICABLE/INFECTIOUS DISEASES
The Board of Education recognizes that all children in Connecticut have a constitutional right to
a free, suitable program of educational experiences. The Board will establish reasonable health
requirements as prerequisites to admission or attendance including the requirement that
students undergo physical examination prior to admission.
Where it can be medically established that a student suffers from a serious infectious disease
and there is a significant risk of transmission of the disease to others due to the nature of the
disease or personal characteristics of the student carrier, it may be appropriate to exclude the
student from the regular classroom. The determination of exclusion of any student will be
made on a case by case basis with the appropriate procedural due process safeguards. Where
the risk of transmission is relatively low or appropriate procedures can be adopted to reduce
the risk of transmission exclusion is not warranted.
A child with an infectious disease may be considered eligible for Section 504 accommodations
and modifications if the child presents such physical impairment that limits one or more major
life activities. Therefore, Section 504 of the Rehabilitation Act may apply. The parent/guardian
or the school administration may make a referral for determination whether the student is
entitled to protection under Section 504. The student will be educated in the least restrictive
environment.
(cf. 5111 - Admission) (cf. 5141.3 - Health Assessments and Immunizations) (cf. 6155 -
Individualized Education Program)
Legal Reference: Connecticut General Statutes
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 70617)(b)
"Americans with Disabilities Act"
The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C.
1232g, 45 C.F.R. 99.
10-76(a)(15) Duties and powers of boards of education to provide special
education programs and services.
10-154a Professional communications between teacher or nurse and
student.
10-207 Duties of medical advisors.
10-209 Records not to be public.
10-210 Notice of disease to be given to a parent or guardian.
19a-221 Quarantine of certain persons.
19a-581-585 AIDS testing and medical information.
Policy adopted: May 14, 2002
Revised: December 8, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
COMMUNICABLE AND INFECTIOUS DISEASES Page 2 of 2
4118.234(a)
~5141.231(a)
Personnel – Certified
Students
Psychotropic Drug Use
The Board of Education prohibits school personnel from recommending the use of psychotropic
drugs for any student. For the purposes of this policy, the term ‘recommend’ shall mean to
directly or indirectly suggest that a student should use psychotropic drugs.
Psychotropic drugs are defined as prescription medications for behavioral or social-emotional
concerns, such as attention deficits, impulsivity, anxiety, depression, and thought disorders, and
include but are not limited to stimulant medications and anti-depressants.
School nurses, school psychologists, and/or the district’s Medical Advisor may recommend to a
parent/guardian that their student be evaluated by an appropriate medical practitioner.
The District shall follow procedures for identification, evaluation, placement and delivery of
services to students with disabilities or suspected disabilities provided in state and federal
statutes that govern special education.
Nothing is this policy shall be construed to prohibit a Planning and Placement Team from
discussing with parents and/or guardians of a student the appropriateness of consultation with, or
evaluation by, medical practitioners, or to prohibit school personnel from consulting with
appropriate medical practitioners with the consent of the parents and/or guardians of a student.
The Superintendent of Schools shall promulgate this policy to district staff and parents/guardians
of students annually and upon the registration of new students.
Legal References: Connecticut General Statutes
10-212b Policies prohibiting the recommendation of psychotropic
drugs by school personnel (as amended by PA 03-211)
46b-120 Definitions
10-76a Definitions (as amended by PA 00-48)
10-76b State supervision of special education programs and
services
10-76d Duties and powers of boards of education to provide
special education programs and services (as amended by
PA 97-114 and PA 00-48)
10-76h Special education hearing and review procedure.
Mediation of disputes (as amended by PA 00-48)
34 C.F.R. 3000 Assistance to States for Education for Handicapped Children
4118.234(b)
5141.231(b)
Personnel – Certified
Students
Psychotropic Drug Use
Legal References: Connecticut General Statutes – continued
State Board of Education Regulations
American with Disabilities Education Act, 42 U.S.C. § 12101 et seq.
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794
Policy Adopted: November 19, 2001 COLCHESTER PUBLIC SCHOOLS
Policy revised: December 9, 2003 Colchester, Connecticut
Policy revised: April 10, 2007
Colchester Public Schools
Series 5000
Students
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT
PLAN AND GUIDELINES POLICY
The Colchester Public Schools recognize that food allergies and glycogen storage disease may
be life threatening. For this reason, the district is committed to developing strategies and
practices to minimize the risk of accidental exposure to life threatening food allergens and to
ensure prompt and effective medical response should a child suffer an allergic reaction while at
school. The district is also committed to appropriately managing and supporting students with
glycogen storage disease. The district further recognizes the importance of collaborating with
parents and appropriate medical staff in developing such practices and encourages strategies to
enable the student to become increasingly proactive in the care and management of his/her
food allergy and/or glycogen storage disease, as developmentally appropriate. To this end, the
Colchester Public Schools adopt the following guidelines related to the management of life
threatening food allergies and glycogen storage disease for students enrolled in district schools.
I. Identifying Students with Life-Threatening Food Allergies and/or Glycogen Storage
Disease
Early identification of students with life-threatening food allergies and/or glycogen storage
disease (GSD) is important. The district therefore encourages parents/guardians of children
with a life-threatening food allergy to notify the school of the allergy, providing as much
medical documentation about the extent and nature of the food allergy as is known, as well as
any known effective treatment for the allergy. The district also encourages parents/guardians
of children with GSD to notify the school of the disease, providing as much medical
documentation about the type of GSD, nature of the disease, and current treatment of the
student.
II. Individualized Health Care Plans and Emergency Care Plans
1. If the district obtains medical documentation that a child has a life-threatening
food allergy or GSD, the district shall develop an individualized health care plan
(IHCP) for the child. Each IHCP should contain information relevant to the child’s
participation in school activities, and should attempt to strike a balance between
individual, school and community needs, while fostering normal development of
the child.
2. The IHCP should be developed by a group of individuals, which shall include the
parents, and appropriate school personnel. Such personnel may include, but are
not limited to, the school nurse, school or food service administrator(s),
classroom teacher(s) and the student, if appropriate. The school may also
consult with the school’s medical advisor, as needed.
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 1 of 6
3. IHCPs are developed for students with special health needs or whose health
needs require daily interventions. The IHCP describes how to meet the child’s
health and safety needs within the school environment and should address the
student’s needs across school settings. Information to be contained in an IHCP
should include a description of the functional health issues (diagnoses); student
objectives for promoting self care and age appropriate independence; and the
responsibilities of parents, school nurse and other school personnel. The IHCP
may also include strategies to minimize the allergic student’s risk for exposure.
For the student with GSD, the IHCP may include strategies designed to
ameliorate risks associated with such disease and support the student’s
participation in the classroom. IHCPs for such students may include such
considerations:
a. classroom environment, including allergy free considerations, or allowing
the student with GSD to have food/dietary supplements when needed;
b. cafeteria safety;
c. participation in school nutrition programs;
d. snacks, birthdays and other celebrations;
e. alternatives to food rewards or incentives;
f. hand-washing;
g. location of emergency medication;
h. who will provide emergency and routine care in school;
i. risk management during lunch and recess times;
j. special events;
k. field trips, fire drills and lockdowns;
l. extracurricular activities;
m. school transportation;
n. the provision of food or dietary supplements by the school nurse, or any
school employee approved by the school nurse;
o. staff notification, including substitutes, and training; and
p. transitions to new classrooms, grades and/or buildings.
4. The IHCP should be reviewed annually, or whenever there is a change in the
student’s emergency care plan, changes in self-monitoring and self-care abilities
of the student, or following an emergency event requiring the administration of
medication or the implementation of other emergency protocols.
5. For a student with GSD, the IHCP shall not prohibit a parent or guardian, or a
person designated by such parent or guardian, to provide food or dietary
supplements to a student with GSD on school grounds during the school day.
6. In addition to the IHCP, the district shall also develop an Emergency Care Plan
(ECP) for each child identified as having a life threatening food allergy. The ECP
is part of the IHCP and describes the specific directions about what to do in a
medical emergency. For the student with a life-threatening food allergy, the ECP
should include the following information:
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 2 of 6
a. The child’s name and other identifying information, such as date of birth,
grade and photo;
b. The child’s specific allergy;
c. The child’s signs and symptoms of an allergic reaction;
d. The medication, if any, or other treatment to be administered in the
event of exposure;
e. The location and storage of the medication;
f. Who will administer the medication (including self-administration
options, as appropriate);
g. Other emergency procedures, such as calling 911, contacting the school
nurse, and/or calling the parents or physician;
h. Recommendations for what to do if the child continues to experience
symptoms after the administration of medication; and
i. Emergency contact information for the parents/family and medical
provider.
7. In addition to the IHCP, the district shall also develop an ECP for each child
identified as having GSD. The ECP is part of the IHCP and describes the specific
directions about what to do in a medical emergency. For the student with GSD,
the ECP should include the following information:
a. The child’s name and other identifying information, such as date of birth,
grade and photo;
b. Information about the disease or disease specific information (i.e. type of
GSD);
c. The child’s signs and symptoms of an adverse reaction (such as
hypoglycemia);
d. The medication, if any, or other treatment to be administered in the
event of an adverse reaction or emergency (i.e. Glucagon)
e. The location and storage of the medication;
f. Who will administer the medication (including self-administration
options, as appropriate);
g. Other emergency procedures, such as calling 911, contacting the school
nurse, and/or calling the parents or physician;
h. Recommendations for what to do if the child continues to experience
symptoms after the administration of medication; and
i. Emergency contact information for the parents/family and medical
provider.
8. In developing the ECP, the school nurse should obtain current medical
documentation from the parents/family and the student’s health care provider,
including the student’s emergency plan and proper medication orders. If
needed, the school nurse or other appropriate school personnel, should obtain
consent to consult directly with the child’s health care providers to clarify
medical needs, emergency medical protocol and medication orders.
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 3 of 6
9. A student identified as having a life-threatening food allergy or GSD is entitled to
an IHCP and an ECP, regardless of his/her status as a child with a disability, as
that term is understood under Section 504 of the Rehabilitation Act of 1973
(“Section 504”), or the Individuals with Disabilities Education Act (“IDEA”).
10. The district shall ensure that the information contained in the IHCP and ECP is
distributed to any school personnel responsible for implementing any provisions
of the IHCP and/or ECP, and that any procedures in the IHCP and/or ECP comply
with the district’s policies and procedures regarding the administration of
medications to students.
11. Whenever appropriate, a student with a life-threatening food allergy and/or GSD
should be referred to a Section 504 Team for consideration if/when there is
reason to believe that the student has a physical or mental impairment that
substantially limits one or more major life activities, as defined by Section 504.
Whenever appropriate, students with life-threatening food allergies and/or GSD
should be referred to a PPT for consideration of eligibility for special education
and related services under the IDEA, if there is reason to suspect that the
student has a qualifying disability and requires specialized instruction.
12. When making eligibility determinations under Section 504 and/or the IDEA,
schools must consider the student’s needs on an individualized, case-by-case
basis.
III. Training/Education
1. The district shall provide appropriate education and training for school personnel
regarding the management of students with life threatening food allergies and
GSD. Such training may include an overview of life-threatening food allergies
and GSD; prevention strategies; IHCPs and ECPs; and food safety and sanitation.
Training shall also include the administration of medication with cartridge
injectors (i.e. Epi-pens), and/or the specific preventative strategies to minimize
the risk of exposure to life-threatening allergens and prevent adverse reactions
in students with GSD (such as the provision of food or dietary supplements for
students). School personnel will be also be educated on how to recognize
symptoms of allergic reactions and/or symptoms of low blood sugar, as seen
with GSD, and what to do in the event of an emergency. Staff training and
education will be coordinated by the Director of Teaching and Learning in
consultation with the Nurse Supervisor. Any such training regarding the
administration of medication shall be done accordance with state law and Board
policy.
2. Each school within the district shall also provide age-appropriate information to
students about food allergies and GSD, how to recognize symptoms of an allergic
reaction and/or low blood sugar emergency and the importance of adhering to
the school’s policies regarding food and/or snacks.
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 4 of 6
IV. Prevention
Each school within the district will develop appropriate practices to minimize the risk of
exposure to life threatening allergens and the risks associated with GSD. Practices that may be
considered may include, but are not limited to:
1. Encouraging handwashing;
2. Discouraging students from swapping food at lunch or other snack/meal times;
3. Encouraging the use of non-food items as incentives, rewards or in connection
with celebrations;
4. Training staff in recognizing symptoms of anaphylaxis and hypoglycemia; and
5. Planning for school emergencies, to include consideration of the need to access
medication, food and/or dietary supplements.
V. Communication
1. As described above, the school nurse shall be responsible for coordinating the
communication among parents, a student’s individual health care provider and
the school regarding a student’s life threatening allergic condition and/or GSD.
School staff responsible for implementing a student’s IHCP will be notified of
their responsibilities and provided with appropriate information as to how to
minimize risk of exposure and/or alterations in blood sugar levels and how to
respond in the event of such emergency.
2. Each school will ensure that there are appropriate communication systems
available within each school (i.e. telephones, cell phones, walkie-talkies) and for
off-site activities (i.e. field trips) to ensure that school personnel are able to
effectively respond in case of emergency.
3. The district shall develop standard letters to be sent home to parents, whenever
appropriate, to alert them to food restrictions within their child’s classroom or
school.
4. All district staff are expected to follow district policy and/or federal and state law
regarding the confidentiality of student information, including medical
information about the student.
5. The district shall make the Management Plan and Guidelines for Students with
Food Allergies and/or Glycogen Storage Disease available on the Board’s
website.
6. The district shall provide annual notice to parents and guardians regarding the
Management Plan and Guidelines for Students with Food Allergies and/or
Glycogen Storage Disease. Such notice shall be provided in conjunction with the
annual written statement provided to parents and guardians regarding pesticide
applications in the schools.
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 5 of 6
VI. Monitoring the District’s Plan and Procedures
The district should conduct periodic assessments of its Management Plan and Guidelines for
Students with Food Allergies and/or Glycogen Storage Disease. Such assessments should occur
at least annually and after each emergency event involving the administration of medication to
a student with a life-threatening food allergy or GSD to determine the effectiveness of the
process, why the incident occurred, what worked and what did not work.
The Superintendent shall annually attest to the Department of Education that the District is
implementing the Management Plan and Guidelines for Students with Food Allergies and/or
Glycogen Storage Disease.
Legal References:
State Law/Regulations/Guidance:
Conn. Gen. Stat. § 10-212a Administration of Medications in Schools
Conn. Gen. Stat. § 10-212c Life-threatening food allergies: Guidelines; district plans
Conn. Gen. Stat. § 10-220i Transportation of students carrying cartridge injectors
Conn. Gen. Stat. § 10-231c Pesticide applications at schools without an integrated
pest management plan.
Conn. Gen. Stat. § 19a-900 Use of cartridge injectors by staff members of before or
after school program, day camp or day care facility.
Conn. Gen. Stat. § 52-557b “Good Samaritan law.” Immunity from liability for
emergency, medical assistance, first aid or medication by
injector. School personnel not required to administer or
render.
Regs. Conn. State Agencies § 10-212a-1 through 10-212a-7 Administration of
Medication by School Personnel
Guidelines for Managing Life-Threatening Food Allergies in Connecticut Schools (Includes
Guidelines for Managing Glycogen Storage Disease), Connecticut State Department of
Education (Updated 2012).
Federal Law:
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.
ADOPTED: November 14, 2017 (Replaces Policy and Regulation 5141.25)
437680v9
STUDENTS WITH FOOD ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE MANAGEMENT PLAN AND
GUIDELINES POLICY Page 6 of 6
Colchester Public Schools
5141.26R
STUDENTS
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD ALLERGIES
AND/OR GLYCOGEN STORAGE DISEASE
The Colchester Public Schools (the “District”) recognize that food allergies and
glycogen storage disease (GSD) may be life threatening. For this reason, the District is
committed to developing strategies and practices to minimize the risk of accidental
exposure to life threatening food allergens and to ensure prompt and effective medical
response should a student suffer an allergic reaction while at school. The District is also
committed to appropriately managing and supporting students with GSD. The District
further recognizes the importance of collaborating with parents and appropriate
medical staff in developing such practices and encourages strategies to enable the
student to become increasingly proactive in the care and management of his/her food
allergy and/or GSD, as developmentally appropriate. To this end, the District adopts the
following guidelines related to the management of life threatening food allergies and
GSD for students enrolled in District schools.
I. Identifying Students with Life-Threatening Food Allergies and/or Glycogen
Storage Disease
Early identification of students with life-threatening food allergies and/or GSD is
important. The District therefore encourages parents/guardians of students with life-
threatening food allergies to notify the school of the allergy, providing as much medical
documentation about the extent and nature of the food allergy as is known, as well as
any known effective treatment for the allergy. The District also encourages
parents/guardians of students with GSD to notify the school of the disease, providing as
much medical documentation about the type of GSD, nature of the disease, and current
treatment of the student.
II. Individualized Health Care Plans and Emergency Care Plans
1. If the District obtains medical documentation that a student has a life-
threatening food allergy or GSD, the District shall develop an
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 1 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
individualized health care plan (IHCP) for the student. Each IHCP should
contain information relevant to the student’s participation in school
activities, and should attempt to strike a balance between individual,
school and community needs, while fostering normal development of the
student.
2. The IHCP should be developed by a group of individuals, which shall
include the parents, and appropriate school personnel. Such personnel
may include, but are not limited to, the school nurse, school or food
service administrator(s), classroom teacher(s) and the student, if
appropriate. The school may also consult with the school’s medical
advisor, as needed.
3. IHCPs are developed for students with special health needs or whose
health needs require daily interventions. The IHCP describes how to
meet the student’s health and safety needs within the school
environment and should address the student’s needs across school
settings. Information to be contained in an IHCP should include a
description of the functional health issues (diagnoses); student objectives
for promoting self -care and age appropriate independence; and the
responsibilities of parents, school nurse and other school personnel. The
IHCP may also include strategies to minimize the allergic student’s risk for
exposure. For the student with GSD, the IHCP may include strategies
designed to ameliorate risks associated with such disease and support
the student’s participation in the classroom. IHCPs for such students may
include such considerations:
a. classroom environment, including allergy free considerations, or
allowing the student with GSD to have food/dietary supplements
when needed;
b. cafeteria safety;
c. participation in school nutrition programs;
d. snacks, birthdays and other celebrations;
e. alternatives to food rewards or incentives;
f. hand-washing;
g. location of emergency medication;
h. who will provide emergency and routine care in school;
i. risk management during lunch and recess times;
j. special events;
k. field trips, fire drills and lockdowns;
l. extracurricular activities;
m. school transportation;
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 2 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
n. the provision of food or dietary supplements by the school nurse,
or any school employee approved by the school nurse;
o. staff notification, including substitutes, and training; and
p. transitions to new classrooms, grades and/or buildings.
4. The IHCP should be reviewed annually, or whenever there is a change in
the student’s emergency care plan, changes in self-monitoring and self-
care abilities of the student, or following an emergency event requiring
the administration of medication or the implementation of other
emergency protocols.
5. For a student with GSD, the IHCP shall not prohibit a parent or guardian,
or a person designated by such parent or guardian, to provide food or
dietary supplements to a student with GSD on school grounds during the
school day.
6. In addition to the IHCP, the District shall also develop an Emergency Care
Plan (ECP) for each student identified as having a life threatening food
allergy. The ECP is part of the IHCP and describes the specific directions
about what to do in a medical emergency. For the student with a life-
threatening food allergy, the ECP should include the following
information:
a. The student’s name and other identifying information, such as
date of birth, grade and photo;
b. The student’s specific allergy;
c. The student’s signs and symptoms of an allergic reaction;
d. The medication, if any, or other treatment to be administered in
the event of exposure;
e. The location and storage of the medication;
f. Who will administer the medication (including self-administration
options, as appropriate);
g. Other emergency procedures, such as calling 911, contacting the
school nurse, and/or calling the parents or physician;
h. Recommendations for what to do if the student continues to
experience symptoms after the administration of medication; and
i. Emergency contact information for the parents/family and
medical provider.
7. In addition to the IHCP, the District shall also develop an ECP for each
student identified as having GSD. The ECP is part of the IHCP and
describes the specific directions about what to do in a medical
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 3 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
emergency. For the student with GSD, the ECP should include the
following information:
a. The student’s name and other identifying information, such as
date of birth, grade and photo;
b. Information about the disease or disease specific information (i.e.
type of GSD);
c. The student’s signs and symptoms of an adverse reaction (such as
hypoglycemia);
d. The medication, if any, or other treatment to be administered in
the event of an adverse reaction or emergency (i.e. Glucagon)
e. The location and storage of the medication;
f. Who will administer the medication (including self-administration
options, as appropriate);
g. Other emergency procedures, such as calling 911, contacting the
school nurse, and/or calling the parents or physician;
h. Recommendations for what to do if the student continues to
experience symptoms after the administration of medication; and
i. Emergency contact information for the parents/family and
medical provider.
8. In developing the ECP, the school nurse should obtain current medical
documentation from the parents/family and the student’s health care
provider, including the student’s emergency plan and proper medication
orders. If needed, the school nurse or other appropriate school
personnel, should obtain consent to consult directly with the student’s
health care providers to clarify medical needs, emergency medical
protocol and medication orders.
9. A student identified as having a life-threatening food allergy or GSD is
entitled to an IHCP and an ECP, regardless of his/her status as a student
with a disability, as that term is understood under Section 504 of the
Rehabilitation Act of 1973 (“Section 504”), or the Individuals with
Disabilities Education Act (“IDEA”).
10. The District shall ensure that the information contained in the IHCP and
ECP is distributed to any school personnel responsible for implementing
any provisions of the IHCP and/or ECP, and that any procedures in the
IHCP and/or ECP comply with the District’s policies and procedures
regarding the administration of medications to students.
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 4 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
11. Whenever appropriate, a student with a life-threatening food allergy
and/or GSD should be referred to a Section 504 Team for consideration
if/when there is reason to believe that the student has a physical or
mental impairment that substantially limits one or more major life
activities, as defined by Section 504. Whenever appropriate, students
with life-threatening food allergies and/or GSD should be referred to a
PPT for consideration of eligibility for special education and related
services under the IDEA, if there is reason to suspect that the student has
a qualifying disability and requires specialized instruction.
12. When making eligibility determinations under Section 504 and/or the
IDEA, schools must consider the student’s needs on an individualized,
case-by-case basis.
III. Training/Education
1. The District shall provide appropriate education and training for school
personnel regarding the management of students with life threatening
food allergies and GSD. Such training may include an overview of life-
threatening food allergies and GSD; prevention strategies; IHCPs and
ECPs; and food safety and sanitation. Training shall also include, as
appropriate for each school (and depending on the specific needs of the
individual students at the school), training in the administration of
medication with cartridge injectors (i.e. epi-pens), and/or the specific
preventative strategies to minimize the risk of exposure to life-
threatening allergens and prevent adverse reactions in students with GSD
(such as the provision of food or dietary supplements for students).
School personnel will be also be educated on how to recognize symptoms
of allergic reactions and/or symptoms of low blood sugar, as seen with
GSD, and what to do in the event of an emergency. Staff training and
education will be coordinated by the Nurse Supervisor. Any such training
regarding the administration of medication shall be done accordance
with state law and Board policy.
2. Each school within the District shall also provide age-appropriate
information to students about food allergies and GSD, how to recognize
symptoms of an allergic reaction and/or low blood sugar emergency and
the importance of adhering to the school’s policies regarding food and/or
snacks.
IV. Prevention
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 5 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
Each school within the District will develop appropriate practices to minimize the
risk of exposure to life threatening allergens and the risks associated with GSD.
Practices that may be considered may include, but are not limited to:
(4) Encouraging handwashing;
(5) Discouraging students from swapping food at lunch or other snack/meal
times;
(6) Encouraging the use of non-food items as incentives, rewards or in
connection with celebrations;
(7) Training staff in recognizing symptoms of anaphylaxis and hypoglycemia;
and
(8) Planning for school emergencies, to include consideration of the need to
access medication, food and/or dietary supplements.
V. Communication
1. As described above, the school nurse shall be responsible for
coordinating the communication among parents, a student’s individual
health care provider and the school regarding a student’s life threatening
allergic condition and/or GSD. School staff responsible for implementing
a student’s IHCP will be notified of their responsibilities and provided
with appropriate information as to how to minimize risk of exposure
and/or alterations in blood sugar levels and how to respond in the event
of such emergency.
2. Each school will ensure that there are appropriate communication
systems available within each school (i.e. telephones, cell phones, walkie-
talkies) and for off-site activities (i.e. field trips) to ensure that school
personnel are able to effectively respond in case of emergency.
3. The District shall develop standard letters to be sent home to parents,
whenever appropriate, to alert them to food restrictions within their
student’s classroom or school.
4. All District staff are expected to follow District policy and/or federal and
state law regarding the confidentiality of student information, including
medical information about the student.
5. The District shall make the Management Plan and Guidelines for Students
with Food Allergies and/or Glycogen Storage Disease available on the
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 6 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
Board’s website or the website of each school under the Board's
jurisdiction.
6. The District shall provide annual notice to parents and guardians
regarding the Management Plan and Guidelines for Students with Food
Allergies and/or Glycogen Storage Disease. Such notice shall be provided
in conjunction with the annual written statement provided to parents
and guardians regarding pesticide applications in the schools.
VI. Monitoring the District’s Plan and Procedures
The District should conduct periodic assessments of its Management Plan and
Guidelines for Students with Food Allergies and/or Glycogen Storage Disease. Such
assessments should occur at least annually and after each emergency event involving
the administration of medication to a student with a life-threatening food allergy or GSD
to determine the effectiveness of the process, why the incident occurred, what worked
and what did not work.
The Superintendent shall annually attest to the Department of Education that the
District is implementing the Management Plan and Guidelines for Students with Food
Allergies and/or Glycogen Storage Disease.
Legal References:
State Law/Regulations/Guidance:
Public Act 18-185, An Act Concerning the Recommendations of the Task Force on
Life-Threatening Food Allergies in Schools
Conn. Gen. Stat. § 10-212aAdministration of Medications in Schools
Conn. Gen. Stat. § 10-212cLife-threatening food allergies: Guidelines; District
plans
Conn. Gen. Stat. § 10-220i Transportation of students carrying cartridge
injectors
Conn. Gen. Stat. § 10-231c Pesticide applications at schools without an
integrated pest management plan.
Conn. Gen. Stat. § 19a-900 Use of cartridge injectors by staff members of
before or after school program, day camp or day
care facility.
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 7 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
Conn. Gen. Stat. § 52-557b “Good Samaritan law.” Immunity from liability for
emergency, medical assistance, first aid or
medication by injector. School personnel not
required to administer or render.
Regs. Conn. State Agencies § 10-212a-1 through 10-212a-7 Administration of
Medication by School Personnel
Guidelines for Managing Life-Threatening Food Allergies in Connecticut Schools
(Includes Guidelines for Managing Glycogen Storage Disease), Connecticut State
Department of Education (Updated 2012).
Federal Law:
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.
ADOPTED: November 14, 2017 (Replaces Policy and Regulation 5141.25)
REVISED: January 8, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
MANAGEMENT PLAN AND GUIDELINES FOR STUDENTS WITH FOOD Page 8 of 8
ALLERGIES AND/OR GLYCOGEN STORAGE DISEASE
Colchester Public Schools
5141.3P
STUDENTS
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS
The Colchester Board of Education (“The Board”) recognizes the importance of periodic
health assessments, screenings, and immunizations for its students. The Board of
Education adheres to those state laws that pertain to school health assessments and
immunizations.
Health assessments and screenings assist in determining the health status of students,
facilitating the removal of disabilities to learning, and finding out whether some special
adaptation of the school program may be necessary. Health assessments and screenings
shall be required of and provided to Colchester Public School students in accordance
with C.G.S. 10-206 and C.G.S. 10-214, as amended from time to time, and in accordance
with state health regulations.
A physical examination, in accordance with state statutes, shall be required for all new
school entrants, and students in grade 6 and grade 10.
The Board shall require each student in the school district be protected by adequate
immunization in accordance with state statute and applicable state regulations before
being permitted to enroll in the Colchester Public Schools and for continued enrollment
in the school district. Before being permitted to enter grade 7, a child shall receive a
second immunization against measles.
A health assessment is required prior to a student's initial enrollment in school and for
all new entrants as the term is defined in the accompanying regulations to this policy.
The Board may deny continued attendance in school to any student who fails to obtain
the health assessments required under C.G.S. 10-206.
Parents wishing their children exempted or excused from health assessments on
religious grounds must request such exemption from the Superintendent of Schools in
writing and submit the request upon their children’s initial entry to school and prior to
enrollment in seventh grade in accordance with state law. This request must be signed
by the parent/guardian.
Prior to admittance to the Colchester Public Schools, each student shall be screened to
determine the risk of exposure to tuberculosis and provide written results to the
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS Page 1 of 5
Colchester Public Schools. Interpretation and management of tuberculin skin test results
shall occur in accordance with recommendation from the Connecticut Department of
Health.
In order to be enrolled in the Colchester Public Schools, a student must be immunized as
set forth in state law and in accordance with Department of Health state health
regulations, Colchester Board of Education Board policy, and its regulations unless
exempt under state or federal law. A child may be exempt from the required
immunizations if one of the following conditions is met:
1. The child presents a certificate from a physician, physician assistant, advanced
practice registered nurse, or local health agency stating that initial immunizations
have been given to such child and additional immunizations are in process under
guidelines and schedules specified by the Commissioner of Public Health.
2. The child presents a certificate from a physician, physician assistant or advanced
practice registered nurse stating that in the opinion of such physician, physician
assistant, or advanced practice registered nurse such immunization is medically
contraindicated because of the physical condition of the child. Parents or guardians
shall complete a written statement and attach a letter signed by the licensed
physician, physician assistant or advanced practice registered nurse who is rendering
the opinion.
3. The child presents a statement from the parents or guardian of such child that
immunization would be contrary to the religious beliefs of such child or the parents
or guardian of such child, which statement shall be acknowledged, in accordance
with the provisions of 1-32, 1-34, and 1-35 of the general statutes by one of the
following: (A) a judge of a court of record or a family support magistrate, (B) a clerk
or deputy clerk of a court having a seal, (C) a town clerk, (D) a notary public, (E) a
justice of the peace, or (F) an attorney admitted to the bar of this state.
4. In the case of measles, mumps or rubella, the child presents a certificate from a
physician, physician assistant, or advanced practice registered nurse or from the
director of health in such child’s present or previous town of residence, stating that
the child has had a confirmed case of such disease.
5. In the case of hemophilus influenzae type B, the child has passed his or her fifth
birthday.
6. In the case of pertussis, the child has passed his or her sixth birthday.
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS Page 2 of 5
7. A lack of documentation or a failure to meet immunization requirements shall not act
as a barrier to school enrollment and school attendance for a student identified as
homeless as defined by federal law. Immediate efforts should be taken by the
district’s homeless student liaison to locate the student’s immunization records or to
assist the parent/guardian of the homeless student or unaccompanied youth in
obtaining the necessary immunizations or records. The district shall promptly arrange
for such homeless students to receive immunization through health agencies and at
district expense, if no other recourse is available.
District forms will be made available to parents or guardians for the purpose of
notification to the district of a claim of medical or religious exemption from required
immunizations for their child(ren).
In the event of a vaccine-preventable disease outbreak in school, the district, in
consultation with the Colchester Nurse Supervisor and the district’s school medical
adviser, may temporarily prohibit a susceptible student, including one who is otherwise
exempt under law or Board policy, that lacks immunization against such disease from
enrolling or continuing enrollment in a school determined to be a primary site for
disease exposure in accordance with state law and state regulations and health
department guidelines. Parents and guardians will be provided notice of the outbreak
and a decision to exclude their child and the conditions for the student’s return to
school.
The Colchester Nurse Supervisor shall annually designate a representative to receive
reports of health assessments as well as evidence of student immunizations provided
from health care providers.
A cumulative health record will be maintained for every student. This record shall
contain the results of assessments and screenings done pursuant to Sections 10-204a,
10-206 and 10-214 of the Connecticut State Statutes. For the purposes of
confidentiality, records will be treated in the same manner as the student’s cumulative
academic record. Student health records are covered by the Family Educational Rights
and Privacy Act (FERPA) and are exempt from the Health Insurance Portability Act
(HIPAA) privacy rule. Access to and maintenance of student health records shall be in
accordance with state and federal law and Board Policy #5125, Student Records,
Confidentiality.
If a student transfers to another school district in Connecticut, the student’s original
cumulative health record shall be sent to the school district to which such student
moves. The sending school shall retain a copy. Should a student permanently leave the
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS Page 3 of 5
state of Connecticut, a copy of the latest physical exam and immunization will be sent,
upon request, and the original cumulative health record shall be maintained by the
sending school.
In accordance with state law, the District will annually report to the Department of
Public Health and to the local Health Director required asthma data including the total
number of students per school and in district with a diagnosis of asthma as obtained
through required asthma assessments. The District, as required by state law, will also
participate in annual school surveys conducted by the Department of Public Health
pertaining to asthma.
Legal Reference: Connecticut General Statutes
10-204 Vaccination
10-204a Required immunizations. Temporary waiver. (as
amended by P.A. 15-174 and 15-242)
10-204c Immunity from liability
10-205 Appointment of school medical advisers
10-206 Health assessments
10-206a Free health assessments
10-207 Duties of medical advisers
10-208 Exemption from examination or treatment
10-208a Physical activity of student restricted; board to honor
notice
10-209 Records not to be public. Provision of reports to school.
10-210 Notice of disease to be given parent or guardian
10-212 School nurses 10-214 Vision, audiometric and postural
screenings. When required. Notification of parents re defects;
record of results
19a-7h Childhood Immunization Registry (as amended by Section
4 of PA 14-231) Department of Public Health, Public Health Code,
10-204a-2a, 10-204a3a, 10-204a-4 and 10-214-1 through 10-214-5
20 U.S.C. Section 1232h, No Child Left Behind Act
Federal Family Educational Rights and Privacy Act of 1974 (section
438 of the General Education Provisions Act, as amended, added
by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g. P.L. 93-
568; codified as 20 U.S.C. 1232g
42 U.S.C. 1320d-1320d-8 P.L. 104-191, Health Insurance
Portability and Accountability Act of 1996 (HIPAA)
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS Page 4 of 5
POLICY APPROVED: June 14, 1993
REVISED: July 10, 2017
REVISED: June 4, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
HEALTH ASSESSMENTS, SCREENINGS, AND IMMUNIZATIONS Page 5 of 5
Colchester Public Schools
5141.3R
STUDENTS
ADMINISTRATIVE REGULATIONS REGARDING HEALTH
ASSESSMENTS/SCREENINGS/IMMUNIZATIONS
I. Health Assessments
The Colchester Board of Education (the “Board’) requires each student enrolled in the
Colchester Public Schools (the “District”) to undergo health assessments as mandated by state
law. The purpose of such health assessments shall be to ascertain whether a student has any
physical disability tending to prevent him/her from receiving the full benefit of school work and
to ascertain whether school work should be modified in order to prevent injury to the student
or to secure a suitable program of education for him/her. Such health assessments must be
conducted by one of the following qualified providers for health assessments: (1) a legally
qualified practitioner of medicine; (2) an advanced practice registered nurse or registered
nurse, who is licensed under state statute; (3) a physician assistant, who is licensed under state
statute; (4) the 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. The
Board of Education will provide written prior notice of the health assessments required under
these administrative regulations to the parent or guardian of each student subject to
assessment. The parent or guardian shall be provided a reasonable opportunity to be present
during such assessment or he/she may provide for such assessment him/herself. No health
assessment shall be made of any public school student unless it is made in the presence of the
parent or guardian or in the presence of another school employee. Any student who fails to
obtain the health assessments required by these administrative regulations may be denied
continued attendance in the Colchester Public Schools District.
II. Health Assessments Required
Prior to enrollment in the Colchester Public Schools District, each student must undergo a
health assessment, which shall include:
A. A physical examination which includes hematocrit or hemoglobin tests, height, weight,
blood pressure, and 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 of the Connecticut General Statutes. The assessment form shall include
(A) a check box for the provider conducting the assessment, to indicate an asthma
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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;
B. An updating of immunizations as required by state law;
C. Vision, hearing, speech and gross dental screenings;
D. Such other information, including health and developmental history, as the physician feels
is necessary and appropriate.
The pre-enrollment assessment shall also include tests for tuberculosis, sickle cell anemia or
Cooley’s anemia, and tests for lead levels in the blood if, after consultation with the school
medical advisor and the local health department, the Board determines that such tests are
necessary. Such tests must be conducted by a registered nurse acting pursuant to the written
order of a physician, or physician’s assistant, licensed under state law, or an advanced practice
registered nurse, licensed under state law.
Each student enrolled in the Colchester Public Schools District must undergo a health
assessment when entering grade 7 and when entering grade 10, which shall include:
A. A physical examination which includes hematocrit or hemoglobin tests, height, weight,
blood pressure, and 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 of the Connecticut General Statutes. The assessment form shall include
(A) a check box for the provider conducting the assessment, 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;
B. An updating of immunizations as required by state law;
C. Vision, hearing, postural and gross dental screenings;
D. Such other information, including health and developmental history, as the physician feels
is necessary and appropriate.
The grade six/seven and grade nine/ten assessments shall also include tests for tuberculosis
and sickle cell anemia or Cooley’s anemia if, after consultation with the school medical advisor
and the local health department, the Board determines that such tests are necessary. Such
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tests must be conducted by a registered nurse acting pursuant to the written order of a
physician, or physician’s assistant, licensed under state law, or of an advanced practice
registered nurse, licensed under state law.
The Board of Education shall provide such assessments free of charge to students whose
parents or guardians meet the eligibility requirements for free and reduced price meals under
the National School Lunch Program or for free milk under the special milk program.
III. Oral Health Assessments
A. Prior to enrollment in the District, in grade 7 and in grade 10, the Board shall request that
each student undergo an oral health assessment. Such oral health assessments must be
conducted by one of the following qualified providers for oral health assessments: (1) a
dentist licensed under state law; (2) a dental hygienist licensed under state law; (3) a
legally qualified practitioner of medicine trained in conducting oral health assessments as a
part of a training program approved by the Commissioner of Public Health; (4) a physician
assistant licensed under state law and trained in conducting oral health assessments as
part of a training program approved by the Commissioner of Public Health; or (5) an
advanced practice registered nurse licensed under state statute and trained in conducting
oral health assessments as part of a training program approved by the Commissioner of
Public Health.
B. The oral health assessment identified in subsection A above shall include a dental
examination by a dentist, or a visual screening and risk assessment for oral health
conditions by a dental hygienist, legally qualified practitioner of medicine, physician
assistant, or advanced practice registered nurse. The assessment form shall include a
check box for the qualified provider conducting the assessment to indicate any low,
moderate or high risk factors associated with any dental or orthodontic appliance, saliva,
gingival condition, visible plaque, tooth demineralization, carious lesions, restorations,
pain, swelling or trauma.
C. No oral health assessment shall be made of any public school student unless the parent or
guardian of the student consents to such assessment and such assessment is made in the
presence of the parent or guardian or in the presence of another school employee. The
parent or guardian shall be provided with prior written notice of an oral health assessment
and be provided with a reasonable opportunity to opt his/her child out of such assessment
or may provide for such oral health assessment him or herself.
D. If the Board of Education hosts a free oral health assessment event where qualified
providers (identified in subsection A above) perform oral health assessments of children
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attending a public school, the Board shall notify the parents and guardians of such children
of the event in advance and provide an opportunity for parents and guardians to opt their
child(ren) out of such event. The Board shall infer parent/guardian consent for each child
whose parent or guardian did not opt him or her out of the free oral health assessment
event and shall provide such child with a free oral health assessment; however, such child
shall not receive dental treatment of any kind unless the child’s parent or guardian
provides informed consent for such treatment.
E. Any student who fails to obtain an oral health assessment requested by the Board shall not
be denied enrollment or continued attendance in the District.
IV. Screenings Required
The Board of Education will provide annually to each student enrolled in kindergarten and
grades one and three to five, inclusive, a vision screening using a Snellen chart or equivalent
screening device, such as an automated vision screening device. The Superintendent shall give
written notice to the parent or guardian of each student (1) who is found to have any defect of
vision or disease of the eyes, with a brief statement describing the defect or disease and a
recommendation that the student be examined by an optometrist or ophthalmologist licensed
pursuant to state law, and (2) who did not receive such vision screening, with a brief statement
explaining why such pupil did not receive such vision screening.
The Board of Education will provide annually to each student enrolled in kindergarten and
grades one and three through five, inclusive, audiometric screening for hearing. The
Superintendent shall give written notice to the parent or guardian of each student (1) who is
found to have any impairment or defect of hearing, with a brief statement describing the
impairment or defect, and (2) who did not receive an audiometric screening for hearing, with a
brief statement explaining why such student did not receive an audiometric screening for
hearing.
The Board of Education will provide postural screenings for (1) each female student in grades
five and seven, and (2) each male student in grade eight or nine. The Superintendent shall give
written notice to the parent or guardian of each student (A) who evidences any postural
problem, with a brief statement describing such evidence, and (B) who did not receive a
postural screening, with a brief statement explaining why such student did not receive such
postural screening.
All of the screenings required under these administrative regulations will be performed in
accordance with regulations applicable to such screenings as adopted by the State Board of
Education.
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V. Immunizations
In accordance with Connecticut General Statutes 10-206, as amended, 10-204a, and 10-214, the
following health assessment procedures are established for students in the district:
A. Proof of immunization shall be required prior to school entry. A "school-aged child" also
includes any student enrolled in an adult education program that leads to a high school
diploma. This immunization verification is mandatory for all new school enterers and must
include complete documentation of those immunizations requiring a full series. A required
immunization record includes:
1. For initial entry into school for kindergarten, regular and special education pre-school
programs, grades 1-6:
4 doses of DTP/DTaP vaccine (Diphtheria - Pertussis - Tetanus). At least one dose is
required to be administered on or after the 4th birthday for children enrolled in
school at kindergarten or above. Students who start the series at age 7 or older need
a total of 3 doses.
(Pertussis immunization shall not be required after a student's sixth birthday),
3 doses of either trivalent oral polio vaccine (TOPV) or inactivated polio vaccine
(IPV)with at least one dose of polio vaccine administered on or after the 4th birthday
and before school entry. (This then usually results in 4 doses in total.)
2 doses of MMR vaccine (measles, mumps and rubella). One dose at 1 year of age or
after and a second dose, given at least twenty-eight (28) days after the first dose,
prior to school entry in kindergarten through grade twelve (12) OR disease
protection, confirmed in writing, by a physician, physician assistant or advanced
practical registered nurse that the child has had a confirmed case of such disease
based on specific blood testing conducted by a certified laboratory.
3 doses of Hepatitis B vaccine (HBV) or has had protection confirmed in writing by a
physician, physician assistant or advanced practice registered nurse based on specific
blood testing by a certified laboratory.
1 dose of Hib (Hemophilus Influenza type b) given on or after the first birthday, is
required of all school children who enter school prior to their fifth birthday or had a
laboratory confirmed infection at age 24 months or older, confirmed in writing by a
physician, physician assistant or advanced practice registered nurse. Children five and
older do not need proof of Hib vaccination.
Varicella (Chickenpox) Immunity
o 1 dose on or after the 1st birthday or must show proof of immunity to Varicella
(chickenpox) for entry into licensed pre-school programs and kindergarten; or on
or after August 1, 2011 for entry into kindergarten two (2) doses shall be
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required, given at least three (3) months apart, the first does on or after the 1st
birthday.
o Proof of immunity includes any of the following: Documentation of age appropriate
immunizations considered to be one dose administered on or after the student's
first birthday (if the student is less than 13 years old) or two doses administered at
least 30 days apart for students whose initial vaccination is at thirteen years of age
or older.
Note: The National Advisory Committees on Immunization Practices (ACIP) changed
the recommendation for routine vaccination against chicken pox (Varicella) from a
single dose for all children beginning at 12 months of age to two doses, with the
second dose given just prior to school entry. The ACIP also recommends that all
school-aged children, up to 18 years of age, who have only had a single dose of
Varicella vaccine to be vaccinated with a second dose.
Serologic evidence of past infection, confirmed in writing by a physician, physician
assistant or advanced practice registered nurse based on specific blood testing by a
certified laboratory, or
Statement signed and dated by a physician, physician assistant or advanced practice
registered nurse indicating a child has already had varicella (chickenpox) based on
diagnosis of varicella or verification of history of varicella. (Date of chickenpox
illness not required)
o All students are required to show proof of immunity (see above) to Varicella for
entry into 7th grade.
Note: The Connecticut Department of Public Health has indicated that a school-aged
child, 13 years of age or older, will only be considered fully immunized if he/she has
had two doses of the Varicella vaccine given at least 4 weeks apart.
Hepatitis A - Requirement for PK and K for children born on or after January 1, 2007, is
enrolled in preschool or kindergarten on or after August 1, 2011
o Two (2) doses of hepatitis A vaccine given at least six (6) months apart, the first dose
given on or after the child's first birthday; or
o Has had protection against hepatitis A confirmed in writing by a physician, physician
assistant or advanced practice registered nurse based on specific blood testing by a
certified laboratory.
Influenza Requirement for PK.
o Effective January 1, 2012 and each January 1 thereafter, children aged 24-59 months
enrolled in preschool are required to receive at least one (1) dose of influenza
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vaccine between August 1 and December 31 of the preceding year (effective August
1, 2011).
o Children aged 24-59 months who have not received vaccination against influenza
previously must be given a second dose at least twenty-eight (28) days after the first
dose.
Pneumococcal Disease Requirement for PK and K
o Effective August 1, 2011 all students born on or after January 1, 2007, enrolled in PK
and K who are less than five (5) years of age must show proof of having received one
(1) dose of pneumococcal conjugate vaccine on or after the student's first birthday.
o An individual shall be considered adequately protected if currently aged five (5)
years or older.
2. For entry into seventh (7th) grade
All students in grades K-12 are required to show proof of 2 doses of measles, mumps, rubella
vaccine at least 28 days apart with the first dose administered on or after the first (1st)
birthday, or laboratory confirmation of immunity confirmed in writing by a physician, physician
assistant or advanced practice registered nurse.
Proof of having received 2 doses of measles-containing vaccine.
In those instances at entry to seventh grade, where an individual has not received a
second dose of measles contained vaccine, a second dose shall be given. If an individual
has received no measles containing vaccines, the second dose shall be given at least 4
weeks after the first. (Students entering 7th grade must show proof of having received 2
doses of measles-containing vaccine)
Proof of Varicella (Chickenpox) Immunity.
o On or after August 1, 2011, two doses, given at least three (3) months apart, the first
dose on or after the individual's first (1st) birthday and before the individual's
thirteenth (13th) birthday or two doses given at least twenty-eight (28) days apart if
the first does was given on or after the individual's thirteenth (13th) birthday,
o Serologic evidence of past infection, or
o A statement signed and dated by a physician, physician assistant, or advanced
practice registered nurse indicating that the child has already had varicella
(chickenpox) based on family and/or medical history. (Date of chickenpox illness not
required)
Proof of at least three doses of Hepatitis B vaccine or show proof of serologic evidence of
infection with Hepatitis B.
Proof of Diphtheria-Pertussis-Tetanus Vaccination (Adolescent Tday Vaccine Requirement
for Grade 7 Students)
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o On or after August 1, 2011, an individual eleven (11) years of age or older, enrolled
in the seventh (7th) grade, shall show proof of one (1) dose of diphtheria, tetanus
and pertussis containing vaccine. (Tdap booster) in addition to completion of the
recommended primary diphtheria, tetanus and pertussis containing vaccination
series unless:
o Such individual has a medical exemption for this dose confirmed in writing by a
physician, physician assistant or advanced practice registered nurse based on having
last received diphtheria, tetanus and pertussis containing vaccine less than five (5)
years earlier and no increased risk of pertussis according to the most recent
standards of care for immunization in Connecticut (C.G.S. 19a-7f)
Meningococcal Vaccine (MCV4) Required for Grade 7 Students
o Effective August 1, 2011, one dose of meningococcal vaccine
o NOTE: Students must show proof of 3 doses of Hepatitis B vaccine or serologic
evidence of infection to enter eighth grade.
o Immunization requirements are satisfied if a student:
o presents verification of the above mentioned required immunizations;
o presents a certificate from a physician, physician assistant, advanced practice
registered nurse or a local health agency stating that initial immunizations have
been administered to the child and additional immunizations are in process;
o presents a certificate from a physician stating that in the opinion of the physician
immunization is medically contraindicated in accordance with the current
recommendation of the National Centers for Disease Control and Prevention Advisor
Committee on Immunization Practices because of the physical condition of the child;
o presents a written statement officially acknowledged by a notary public or a judge,
family support magistrate, clerk/deputy clerk or a court having a seal, a town clerk, a
justice of the peace, a Connecticut-licensed attorney or a school nurse or from the
parents or guardian of the child that such immunization would be contrary to
religious beliefs of the child or his/her parents/guardians;
o he/she has had a natural infection confirmed in writing by a physician, physician
assistant, advanced practice registered nurse or laboratory.
Health assessment and health screening requirements are waived if the parent legal guardian
of the student or the student (if he or she is an emancipated minor or is eighteen years of age
or older) notifies the school personnel in writing that the parent, guardian or student objects on
religious grounds. (CGS 10-204a)
Students failing to meet the above requirements shall not be allowed to attend school.
A physical examination including blood pressure, height, weight, hematocrit or hemoglobin,
and a chronic disease assessment which shall include, but not be limited to, asthma and which
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must include public health related screening questions for parents to answer and other
screening questions for providers and screenings for hearing, vision, speech, and gross dental
shall be required for all new school enterers, and students in grade 6 and grade 9 or 10. This
health assessment must be completed either prior to school entry or 30 calendar days after the
beginning of school for new school enterers. This assessment must be conducted within the
school year for students in grade 6 or grade 9 or 10. Parents of students in grade 6 or grade 9 or
10 shall be notified, in writing, of the requirement of a health assessment and shall be offered
an opportunity to be present at the time of assessment.
The assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley's anemia
and test for lead levels in the blood when the Board of Education, after consultation with the
school medical advisor and the local health department, determine such tests are necessary.
A test for tuberculosis, as indicated above, is not mandatory, but should be performed if any of
the following risk factors prevail:
1. Birth in a high risk country of the world (to include all countries in Africa, Asia, the former
Soviet Union, Eastern Europe, Central and South America, Dominican Republic and Haiti, see
list of countries in Appendix B) and do not have a record of a TST (tuberculin skin test) or
IGRA (interferon-gamma release assay) performed in the United States.
2. Travel to a high risk country staying at least one week with substantial contact with the
indigenous population since the previously required examination;
3. Extensive contact with persons who have recently come to the United States from high risk
countries since the previously required examination;
4. Contact with persons suspected to have tuberculosis; or
5. Lives with anyone who has been in a homeless shelter, jail or prison, uses illegal drugs or has
HIV infection.
The results of the risk assessment and testing, when done, should be recorded on the State of
Connecticut Health Assessment Record (HAR-3) or directly in the student's Cumulative Health
Record (CHR-1).
VI. Assessment/Screening Results
The results of each assessment and screening required or requested by these administrative
regulations shall be recorded on forms supplied by the State Board of Education. Each
physician, advanced practice registered nurse, registered nurse, or physician assistant
performingqualified provider performing health assessments or oral health assessments under
these administrative regulations shall sign each form and any recommendations concerning a
student shall be in writing. Assessment/screening forms shall be included in the cumulative
health record of each student and they shall be kept on file in the school attended by the
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student. If a student transfers to another school district in Connecticut, his/her original
cumulative health record shall be sent to the chief administrative officer of the new school
district and a true copy retained by the Colchester Board of Education. For a student leaving
Connecticut, a copy of the records, if requested, should be sent and the original maintained.
Appropriate school health personnel shall review the results of each assessment and screening.
If the reviewing school health personnel judge that a student is in need of further testing or
treatment, the Superintendent shall give written notice to the parent or guardian of such
student and shall make reasonable efforts to ensure that such further testing or treatment is
provided. Reasonable efforts shall include determination of whether the parent or guardian
has obtained the necessary testing or treatment for the student, and, if not, advising the parent
or guardian how such testing or treatment may be obtained. The results of such further testing
or treatment shall be recorded, kept on file and reviewed by appropriate school health
personnel in the same manner as the results of the health assessments and screenings required
or requested under these administrative regulations.
The district shall report to the local health department and the Department of Public Health, on
a triennial basis, the total number of children per school and on a district-wide basis having a
diagnosis of asthma (1) at the time of public school enrollment, (2) in grade six or seven, and (3)
in grade ten or eleven. The report shall contain the asthma information collected as required
under Section II of this Policy and shall include information regarding each diagnosed child’s
age, gender, race, ethnicity and school.
VII. Exemption
Nothing in these administrative regulations shall be construed to require any student to
undergo a physical or medical examination or treatment, or be compelled to receive medical
instruction, if the parent or legal guardian of such student or the student, if he/she is an
emancipated minor or is eighteen (18) years of age or older, notifies the teacher or principal or
other person in charge of such student in writing that he/she objects on religious grounds to
such physical or medical examination or treatment or medical instruction.
VIII. Other Non-Emergency Invasive Physical Examinations and Screenings:
(a) In addition to the screenings listed above, the district may, from time to time, require
students to undergo additional non-emergency, invasive physical
examination(s)/screening(s).
(b) A non-emergency, invasive physical examination or screening is defined as:
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1. any medical examination that involves the exposure of private body parts; or
2. any act during such examination that includes incision, insertion, or injection into
the body, but does not include a hearing, vision, or scoliosis screening; and
3. is required as a condition of attendance, administered by the school and
scheduled by the school in advance; and
4. is not necessary to protect the immediate health and safety of the student, or of
other students.
(c) If the district elects to conduct any such examinations, then, at the beginning of the
school year, the administration shall give direct notice to parents of affected students of the
district's intent to conduct the non-emergency invasive physical examination(s) and/or
screening(s) described in this subsection. Such notice shall include the specific or
approximate dates during the school year of the administration of such non-emergency
invasive physical examination(s)/screening(s).
(d) Upon request, the administration shall permit parents or students over the age of
eighteen (18) (or emancipated minors) to opt out of participation in the non-emergency
invasive physical examination(s)/screening(s) described in this subparagraph.
IX. School Representative to Receive Information Concerning Health Assessments:
The Board of Education designates the Nurse Supervisor as the representative for receipt of
reports from health care providers concerning student health assessments and oral health
assessments.
Legal References:
Connecticut General Statutes
§ 10-206 Health assessments
§ 10-206a Free health assessments
§ 10-208 Exemption from examination or treatment
§ 10-214 Vision, audiometric and postural screenings: When required;
notification of parents re defects; record of results
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Public Act 17-146,18-168, “An Act Concerning the Department of Public Health’s
Recommendations Regarding Various Revisions to the Public Health Statutes,” Section 5,
effective October 1, 2017 Sections 8, 80 and 81.
Public Act 17-173, “An Act Concerning Minor Revisions and Additions to the Education
Statutes,” Section 5, effective July 1, 2017
State of Connecticut Department of Education, Bureau of Health/Nutrition, Family Services and
Adult Education, Cumulative Health Records Guidelines (Revised Jan. 2012),
http://www.sde.ct.gov/sde/lib/sde/PDF/deps/student/health/CHRguidelines.pdfhttps://portal.
ct.gov/-/media/SDE/School-Nursing/Publications/CHR_guidelines.pdf
Federal Law:
Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds
Act, Public Law 114-95, at 20 U.S.C. § 1232h(c)(2)(C)(iii).
Legal References for Immunizations:
Legal Reference: Connecticut General Statutes
10-204a Required immunizations (as amended by P.A. 15-174 and P.A. 15-242)
10-204c Immunity from liability
10-205 Appointment of school medical adviser
10-206 Health assessments (as amended by June Special Session PA 01-4, PA 01-9, PA 05-272,
PA 07-58 and PA 18-168)
10-206a Free health assessments
10-207 Duties of medical advisors
10-208 Exemption from examination or treatment
10-208a Physical activity of student restricted; board to honor notice
10-209 Records not to be public. Provision of reports to school.
10-212 School nurses
10-214 Vision, audiometric and postural screenings. When required. Notification of parents re
defects; record of results, as amended by P.A. 17-173.
PA 18-168 An Act Concerning the Department of Public Health's Recommendations Regarding
Various Revisions to the Public Health Statutes, Sections 7-9, 539 & 540
ADOPTED: December 8, 2015 (Replaces Policy 5141.3 Health Assessments and
Immunizations)
REVISED: June 4, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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Colchester Public Schools
5141.4P
STUDENTS
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT
The Colchester Board of Education (Board) recognizes its legal and ethical obligations in
the reporting of suspected child abuse and neglect. Any person applying for
employment with the Board shall submit to a record check of the Department of
Children and Families Child Abuse and Neglect Registry before the person may be hired.
Mandated reporters include all school employees, specifically Superintendent,
administrators, teachers, substitute teachers, guidance counselors, school counselors,
paraprofessionals, coaches of intramural and interscholastic athletics, as well as licensed
nurses, physicians, psychologists and social workers and licensed behavior analysts
either employed by the Board or working in one of the District schools, or any other
person 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 District schools. Such
individual(s) who have reasonable cause to suspect or believe that a child has been
abused, neglected, placed in imminent risk of serious harm, or sexually assaulted by a
school employee is required to report such abuse and/or neglect or risk and/or sexual
assault.
A mandated reporter's suspicions may be based on factors including, but are not limited
to, observations, allegations, facts by a child, victim or third party. Suspicion or belief
does not require certainty or probable cause.
A mandated reporter shall make an oral report, by telephone or in person, to the
Commissioner of Children and Families or a law enforcement agency as soon as
possible, but no later than twelve (12) hours after the reporter has reasonable cause to
suspect the child has been abused or neglected. In addition, the mandated reporter
shall inform the building principal or his/her designee that he/she will be making such a
report. Not later than forty-eight hours of making the oral report, the mandated
reporter shall file a written report with the Commissioner of Children and Families or
his/her designee. (The Department of Children and Families has established a 24 hour
Child Abuse and Neglect Hotline at 1-800-842-2288 for the purpose of making such oral
reports.)
The oral and written reports shall include, if known:
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 1 of 5
(1) the names and addresses of the child and his/her parents/guardians or other
persons responsible for his/her care;
(2) the child's age;
(3) the child's gender;
(4) the nature and extent of the child's injury or injuries, maltreatment or neglect;
(5) the approximate date and time the injury or injuries, maltreatment or neglect
occurred;
(6) information concerning any previous injury or injuries to, or maltreatment or neglect
of, the child or his/her siblings;
(7) the circumstances in which the injury or injuries, maltreatment or neglect came to be
known to the reporter;
(8) the name of the person(s) suspected to be responsible for causing such injury or
injuries, maltreatment or neglect;
(9) the reasons such person or persons are suspected of causing such injury or injuries,
maltreatment or neglect;
(10) any information concerning any prior cases in which such person or persons have
been suspected of causing an injury, maltreatment or neglect of a child; and
(11) whatever action, if any, was taken to treat, provide shelter or otherwise assist the
child.
(For purposes of this section pertaining to the required reporting, a child includes any
victim under eighteen years of age educated in a technical high school or District school.
Any person who intentionally and unreasonably interferes with or prevents the making
of the required report or attempts to conspire to do so shall be guilty of a class D felony,
unless such individual is under eighteen years of age or educated in the technical high
school system or in a District school, other than part of an adult education program.)
If the report of abuse, neglect or sexual assault involves an employee of the District as
the perpetrator, the District may conduct its own investigation into the allegation,
provided that such investigation shall not interfere with or impede any investigation
conducted by the Department of Children and Families or by a law enforcement agency.
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 2 of 5
The Board recognizes that the Department of Children and Families is required to
disclose records to the Superintendent of Schools in response to a mandated reporter's
written or oral report of abuse or neglect or if the Commissioner of Children and
Families has reasonable belief that a school employee abused or neglected a student.
Not later than five (5) working days after an investigation of child abuse or neglect by a
school employee has been completed, DCF is required to notify the school employee
and the Superintendent and the Commissioner of Education of the investigation's
results. If DCF has reasonable cause, and recommends the employee be placed on DCF's
Child Abuse and Neglect Registry, the Superintendent shall suspend such employee.
The Board, recognizing its responsibilities to protect children and in compliance with its
statutory obligations, shall provide to each employee in-service training regarding the
requirements and obligations of mandated reporters. District employees shall also
participate in training offered by the Department of Children and Families. Each school
employee is required to complete a refresher training program, not later than three
years after completion of the initial training program and shall thereafter retake such
refresher training course at least once every three years.
The Principal of each school in the district shall annually certify to the Superintendent
that each school employee working at such school has completed the required initial
training and the refresher training.
State law prohibits retaliation against a mandated reporter for fulfilling his/her
obligations to report suspected child abuse or neglect. The Board shall not retaliate
against any mandated reporter for his/her compliance with the law and Board policy
pertaining to the reporting of suspected child abuse and neglect.
In accordance with the mandates of the law and consistent with its philosophy, the
Board in establishing this policy directs the Superintendent of Schools to develop and
formalize the necessary rules and regulations to comply fully with the intent of the law.
This policy will be distributed annually to all employees. Documentation shall be
maintained that all employees have, in fact, received the written policy and completed
the required initial and refresher training related to mandated reporting of child abuse
and neglect as required by law.
The Board of Education will post the telephone number of the Department of Children
and Families' child abuse hotline, Careline, and the Internet web address that provides
information about the Careline in each District school in a conspicuous location
frequented by students. Such posting shall be in various languages most appropriate for
the students enrolled in the school.
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 3 of 5
Establishment of the Confidential Rapid Response Team
The Board of Education shall establish a confidential rapid response team to coordinate
with DCF to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st,
2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd
degree sexual assault with a firearm of a student not enrolled in adult education by a
school employee and (2) provide immediate access to information and individuals
relevant to DCF's investigation of such cases.
The confidential rapid response team shall consist of (1) a local teacher and the
Superintendent, (2) a local police officer, and (3) any other person the Board of
Education deems appropriate.
DCF, along with a multidisciplinary team, is required to take immediate action to
investigate and address each report of child abuse, neglect or sexual abuse in any
school.
Hiring Prohibitions
The Board of Education will not employ anyone who was terminated or resigned after a
suspension based on DCF's investigation, if he or she has been convicted of (1) child
abuse or neglect or (2) 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated
sexual assault; or 3rd degree sexual assault with a firearm of a student who is not
enrolled in adult education.
The Boards of Education will not employ an individual who was terminated or resigned,
if he or she (1) failed to report the suspicion of such crimes when required to do so or
(2) intentionally and unreasonably interfered with or prevented a mandated reporter
from carrying out this obligation or conspired or attempted to do so. This applies
regardless of whether an allegation of abuse, neglect, or sexual assault has been
substantiated.
(cf. 4112.6/4212.6 - Personnel Records)
(cf. 5141.511 - Sexual Abuse Prevention and Education Program)
Legal Reference: Connecticut General Statutes
10-220a Inservice training. Professional development committees. Institutes for
educators. Cooperating teacher program, regulations (as amended by PA 11-93)
10-221d Criminal history records check of school personnel. Fingerprinting. Termination
or dismissal (as amended by PA 11-93)
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 4 of 5
10-221s Investigations of child abuse and neglect. Disciplinary action. (as amended by
PA 16-188)
17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for
aggrieved persons. Regulations (as amended by PA 11-93)
17a-101 Protection of children from abuse. Reports required of certain professional
persons. When child may be removed from surroundings without court order. (as
amended by PA 96-246, PA 00-220, PA 02-106, PA 03-168, PA 09-242, PA 11-93 and PA
15-205, PA 18-15 and PA 18-17)
17a-101a Report of abuse or neglect by mandated reports. (as amended by PA 02-106,
PA 11-93 and PA 15-205, PA 18-15 and PA 18-17)
17a-102 Report of danger of abuse. (as amended by PA 02-106)
17a-106 Cooperation in relation to prevention, identification and treatment of child
abuse/neglect.
10-151 Teacher Tenure Act
P.A. 11-93 An Act Concerning the Response of School Districts and the Departments of
Education and Children and Families to Reports of Child Abuse and Neglect and the
Identification of Foster Children in a School District
P.A. 14-186 An Act Concerning the Department of Children and Families and the
Protection of Children.
P.A. 15-205 An Act Protecting School Children.
POLICY ADOPTED: February 13, 2019 (Replaced 4120P: “Reports of Suspected Abuse
or Neglect of Children or Sexual Assault of Students By School
Employees”)
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 5 of 5
Colchester Public Schools
5141.4R
STUDENTS
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT
A. What Must be Reported
A report must be made when any mandated reporter of the Board of Education, in
his/her professional capacity, has reasonable cause to suspect or to believe that a child
under the age of eighteen: (Mandated reporters include all school employees,
specifically the Superintendent, administrators teachers, substitute teachers, guidance
counselors, school counselors, behavior analysts, school paraprofessionals, coaches of
intramural and interscholastic athletics, as well as licensed nurses, physicians,
psychologists and social workers either employed by the Board or working in one of the
District schools, or any other person 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 District schools.)
1. Is in danger of being or has been abused;
2. Has had non-accidental physical injuries or physical injuries which are at variance
with the history given for them, inflicted by a person responsible for the child's health,
welfare or care, or by a person given access to such child by a responsible person;
3. Has been neglected;
4. Has been sexually assaulted; or
5. Has been placed in imminent risk of serious harm.
A mandated reporter's suspicions may be based on such factors as observations,
allegations, and facts by a child, victim or third party. Suspicion or belief does not
require certainty or probable cause.
Definitions
For operational definitions of child abuse and neglect, see APPENDIX A.
For indicators of child abuse and neglect, see APPENDIX B.
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 1 of 24
"Abused" means that a child (a) has had physical injury or injuries inflicted upon him or
her other than by accidental means, or (b) has injuries which are at variance with the
history given of them, or (c) is in a condition which is the result of maltreatment, such
as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of
necessities, emotional maltreatment or cruel punishment.
"Neglected" means that a child (a) has been abandoned, or (b) is being denied proper
care and attention, physically, educationally, emotionally or morally, or (c) is being
permitted to live under conditions, circumstances or associations injurious to his well-
being, or (d) has been abused.
"School employee" (a) a teacher, substitute teacher, school administrator, school
superintendent, guidance counselor, psychologist, social worker, nurse, physician,
school paraprofessional or coach employed by the Board or who is working in an
elementary, middle or high school; or (b) any other person 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 Colchester Public Schools, pursuant to a contract with
the Board.
"Sexual assault" means for the purposes of mandatory reporting laws and this policy; a
violation of Sections 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a of the Connecticut
General Statutes.
"Statutory mandated reporter" means an individual by CGS Sec. 17a-101 to report
suspected abuse and/or neglect of children or sexual assault by a school employee. The
term, "statutory mandated reporter" includes all school employees, as defined above.
B. Reporting Procedures for Statutory Mandated Reporters
The following procedures apply only to statutory mandated reporters, as defined above.
1. When an employee of the Board of Education suspects or believes that a child has
been abused, neglected, has been placed in imminent risk of serious harm, the following
steps shall be taken:
(a) The employee shall immediately, upon having reasonable cause to suspect or
believe that a child has been abused, neglected, or placed in imminent danger of serious
harm, or has had non-accidental physical injury or injury which is at variance with the
history or such injury, or sexually assaulted by a school employee and in no case later
than twelve (12) hours after having such a suspicion or belief, make an oral report by
telephone or in person to the Commissioner of Children and Families or the local law
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 2 of 24
enforcement agency. The Department of Children and Families has established a 24
hour Child Abuse and Neglect Hotline at 1-800-842-2288 for the purpose of making such
oral reports.
(b) The employee shall also immediately make an oral report to the Building Principal or
his/her designee and/or the Superintendent or his/her designee. If the building principal
is the alleged perpetrator of the abuse/neglect, then the employee shall notify the
Superintendent or his/her designee directly.
(c) If a report prepared in accordance with Section (a) above concerns suspected abuse
or neglect or sexual assault by a school employee, the Superintendent or his/her
designee, shall immediately notify the child's parent or guardian that such a report has
been made.
(d) Not later than 48 hours of making an oral report, the employee shall submit a
written report to the Commissioner of Children and Families, or his/her representative,
containing all of the required information. The written reports should be submitted on
the DCF-136 form or any other form designated for that purpose.
(e) The employee shall immediately, submit a copy of the written report to the Principal
and/or Superintendent or the Superintendent's designee.
(f) If a report prepared in accordance with Section (c) above, concerns suspected abuse
or neglect or sexual assault by a school employee who possesses a certificate, permit or
authorization issued by the State Board of Education, the Superintendent shall submit a
copy of the written report to the Commissioner of Education, or his/her representative.
C. Contents of Reports
Any report made pursuant to this policy shall contain the following information, if
known:
1. The names and addresses of the child and his/her parents or other persons
responsible for his/her care;
2. The age of the child;
3. The gender of the child;
4. The nature and the extent of the child's injury or injuries, maltreatment or neglect;
5. The approximate date and time the injury or injuries, maltreatment or neglect
occurred;
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 3 of 24
6. Information concerning any previous injury or injuries to, or maltreatment or neglect
of, the child or his/her siblings;
7. The circumstances in which the injury or injuries, maltreatment or neglect came to
be known to the reporter;
8. The name of the person or persons suspected to be responsible for causing such
injury or injuries, maltreatment or neglect;
9. The reasons such person or persons are suspected of causing such injury or injuries,
maltreatment or neglect;
10. Any information concerning any prior cases in which such person or persons have
been suspected of causing an injury, maltreatment or neglect of a child; and
11. Whatever action, if any, was taken to treat, provide shelter or otherwise assist, the
child.
For purposes of this section pertaining to the required reporting, a child includes any
victim under eighteen years of age educated in a technical high school or District school.
Any person who intentionally and unreasonable interferes with or prevents the making
of the required report or attempts to conspire to do so shall be guilty of a class D felony,
unless such individual in under eighteen years of age or educated in the technical high
school system or in a district school, other than part of an adult education program.
D. Investigation of the Report
If the suspected abuser is a school employee, the Superintendent or his/her designee
shall thoroughly investigate the report, provided that such investigation does not
interfere with or impede the investigation by the Department of Children and Families
or by a law enforcement agency. To the extent feasible, this investigation shall be
coordinated with the Commissioner of Children and Families or the police in order to
minimize the number of interviews of any child and to share information with other
persons authorized to conduct an investigation of child abuse and neglect. When
investigating a report, the Superintendent or his/her designee shall endeavor to obtain,
when possible, the consent of parents or guardians or other persons responsible for the
care of the child, to interview the child, except in those cases in which there is reason to
believe that the parents or guardians or other persons responsible for the care of such
child are the perpetrators or the alleged abusers.
The investigation shall include an opportunity for the suspected abuser to be heard with
respect to the allegations contained within the report. During the course of an
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 4 of 24
investigation of suspected abuse by a school employee, the Superintendent may
suspend the employee with pay or may place the employee on administrative leave with
pay pending the outcome of the investigation.
A person reporting child abuse or neglect or sexual assault shall provide any person
authorized to conduct an investigation into such claim with all information related to
the investigation that is in the possession or control of the person reporting child abuse
or neglect, or sexual assault except as expressly prohibited by state or federal law.
1. Evidence of Abuse by Certain School Employees. After an investigation has been
completed, if the Commissioner of Children and Families, based upon the results of
such investigation, has reasonable cause to believe that a child has been abused,
neglected or sexually assaulted by an employee who has been entrusted with the
care of a child or has recommended that such employee be placed on the
Department of Children and Families abuse and neglect registry, the Commissioner
shall notify within five (5) working days after the completion of the investigation into
child abuse, neglect or sexual assault by a school employee, the Superintendent, the
school employee, and the Commissioner of Education of such finding and shall
provide records, whether or not created by the Department of Children and Families,
concerning such investigation to the Superintendent and the Commissioner of
Education. The Superintendent shall suspend the employee, if not previously
suspended, with pay and without diminution or termination of benefits if DCF has
reasonable cause that the employee abused or neglected a child and recommends
the employee be placed on the DCF child abuse and neglect registry. Not later than
72 hours after such suspension, the Superintendent shall notify the Board of
Education and the Commissioner of Education, or his/her representative, of the
reasons for the conditions of suspension.
The Superintendent shall disclose records received from the Department of Children
and Families to the Commissioner of Education and the Board of Education, or its
attorney, for the purposes of review of employment status, certification, permit or
authorization. Any decision of the Superintendent concerning such suspension shall
remain in effect until the Board of Education Acts, pursuant to the provisions of
Connecticut General Statutes. The Commissioner of Education shall also be notified if
such certified person resigns from his/her employment in the District. Regardless of
the outcome of any investigation by DCF and/or the police, the Superintendent
and/or the Board, as appropriate, may take disciplinary action up to and including
termination of employment in accordance with the provisions of any applicable
REPORTING OF CHILD ABUSE, NEGLECT, AND SEXUAL ASSAULT Page 5 of 24
statute, if the Superintendent's investigation produces evidence that a child has been
abused by a certified, permit or authorized school staff member.
If the contract of employment of a certified school employee holding a certificate,
permit or authorization issued by the State Board of Education is terminated as a
result of an investigation into reports of child abuse and neglect, the Superintendent
shall notify the Commissioner of Education, or his/her representative, within 72
hours of such termination.
2. Evidence of Abuse by Other School Staff. If the investigation by the Superintendent
and/or Commissioner of Children and Families did produce evidence that a child has
been abused by a non-certified school staff member the Superintendent and/or the
Board, as appropriate, may take disciplinary action up to and including termination of
employment.
3. The District shall maintain records of allegations, investigations and reports that a
child has been abused or neglected by a school employee. Such records will be
maintained in the District's Central Office. The records shall include any reports made
to the Department of Children and Families. The State Department of Education is to
have access to all such records.
4. The Board shall provide to the Commissioner of Children and Families, upon request
for the purposes of an investigation by the Commissioner of Children and Families of
suspected child abuse or neglect by a teacher employed by the Board, any records
maintained or kept in District files. Such records shall include, but not be limited to,
supervisory records, reports of competence, personal character and efficiency
maintained in such teacher's personnel file with reference to evaluation of
performance as a professional employee of such board of education, and records of
the personal misconduct of such teacher. ("Teacher" includes each certified
professional employee below the rank of Superintendent employed by a Board of
Education in a position requiring a certificate issued by the State Board of Education.)
5. The Board of Education shall permit and give priority to any investigation conducted
by the Commissioner of Children and Families or the appropriate local law
enforcement agency that a child has been abused or neglected. The Board shall
conduct its own investigation and take any disciplinary action, in accordance with the
provisions of section 17a-101i of the general statutes, as amended, upon notice from
the Commissioner or the appropriate local law enforcement agency that the Board's
investigation will not interfere with the investigation of the Commissioner or such
local law enforcement agency.
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6. The Department of Children and Families will review, at least annually, with the State
Department of Education all records and information relating to reports and
investigations that a child has been abused and neglected by a school employee, in
the Department of Children and Families' possession to ensure that records and
information are being shared properly.
E. Delegation of Authority by Superintendent
The Superintendent may appoint a designee for the purposes of receiving and making
reports, notifying and receiving notification, or investigating reports pursuant to this
policy.
F. Special Reporting Procedures Concerning Suspected Abuse or Neglect of
Intellectually Disabled Persons
In addition to the reporting procedures set forth above, Connecticut General Statutes
require that certain school personnel, including teachers, licensed nurses, psychologists
and social workers, report any suspected abuse or neglect of intellectually disabled
persons over the age of 18. It is policy of the Board of Education to require ALL
EMPLOYEES of the Board of Education to comply with the following procedures in
connection with the suspected abuse or neglect, as defined below, of any mentally
retarded person over the age of 18.
1. Definitions. For the purposes of this policy:
"Abuse" means the willful infliction of physical pain or injury or willful deprivation by a
caretaker of services which are necessary to the person's health or safety.
"Neglect" means a situation where an intellectually disabled person either is living alone
or is not able to provide for him/herself the services which are necessary to maintain
his/her physical and mental health, or is not receiving such necessary services from the
caretaker.
2. Reporting Procedures. If an employee has reasonable cause to suspect that an
intellectually disabled person has been abused or neglected, he/she shall, within five
calendar days, make an oral report to the Director of the Office of Protection and
Advocacy for Persons with Disabilities, to be followed by a written report within five
additional calendar days, or shall immediately notify the Superintendent in order for the
Superintendent to make such oral and written reports to the Office of Protection and
Advocacy. In the event that an employee makes a report to the Office of Protection and
Advocacy, the employee shall immediately notify the Superintendent.
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3. Contents of Report. Any such report shall contain the following information:
(a) The name and address of the allegedly abused or neglected person;
(b) A statement from the reporter indicating a belief that the person is intellectually
disabled, together with information indicating that the person is unable to protect
himself or herself from abuse or neglect;
(c) Information concerning the nature and extent of the abuse or neglect; and
(d) Any additional information, which the reporter believes, would be helpful in
investigating the report or in protecting the intellectually disabled person.
4. Investigation of Report. If the suspected abuser is a school employee, the
Superintendent shall thoroughly investigate the report following the procedures
regarding the investigation of reports of child abuse set forth in paragraph e above.
If the investigation by the Superintendent and/or the Office of Protection and Advocacy
produces evidence that an intellectually disabled person has been abused by a school
employee, the Superintendent and/or the Board, as appropriate, may take disciplinary
Action, up to and including termination of employment.
G. Disciplinary Action for Failure to Follow Policy
Any employee who fails to comply with the requirements of this policy shall be subject
to discipline, up to and including termination of employment.
H. Non-Discrimination Policy
The Board of Education shall not discharge or in any manner discriminate or retaliate
against any employee who, in good faith, makes a report pursuant to this policy or
testifies or is about to testify in any proceeding involving abuse or neglect.
I. Training
All District employees are required to complete a training program pertaining to the
accurate and prompt reporting of abuse and neglect, made available by the
Commissioner of Children and Families. In addition, all employees must complete a
refresher program at least once every three years. Employees hired before July 1, 2011
must complete the refresher training program by July 1, 2012 and must retake it once
every three years thereafter.
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The School Principal shall annually certify to the Superintendent that each school
employee working at his/her school has completed the required initial training and the
refresher training.
J. Foster Care
Upon request of the Board of Education, the Department of Children and Families shall
provide the name, date of birth and school of origin for each child in the custody of the
Department of Children and Families who has been placed in foster care and is
attending a District school.
Confidential Rapid Response Team
The District will establish, not later than January 1, 2016, a confidential rapid response
team to coordinate with DCF to (1) ensure prompt reporting of suspected child abuse or
neglect; or 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual
assault; or 3rd degree sexual assault with a firearm of a student not enrolled in adult
education by a school employee; and (2) provide immediate access to information and
individuals relevant to DCF's investigation of such cases.
The confidential rapid response team consists of a local teacher, the Superintendent, a
local police officer, and any other person the Board of Education deems appropriate.
DCF, along with a multidisciplinary team, is required to take immediate action to
investigate and address each report of child abuse, neglect or sexual abuse in any
school.
Hiring Prohibitions
The Board of Education will not employ anyone who was terminated or resigned after a
suspension based on DCF's investigation, if he or she has been convicted of (1) child
abuse or neglect; or (2) 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree
aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student who
is not enrolled in adult education.
The Board of Education will not employ an individual who was terminated or resigned, if
he or she (1) failed to report the suspicion of such crimes when required to do so; or (2)
intentionally and unreasonably interfered with or prevented a mandated reporter from
carrying out this obligation or conspired or attempted to do so. This applies regardless
of whether an allegation of abuse, neglect, or sexual assault has been substantiated.
Posting of DCY's "Careline"
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The Board of Education will post the telephone number of the Department of Children
and Families' child abuse hotline, Careline, and the Internet web address that provides
information about the Careline in each District school in a conspicuous location
frequented by students. Such posting shall be in various languages most appropriate for
the students enrolled in the school.
(cf. 4112.5/4212.6 - Personnel Records)
(cf. 5141.511 - Sexual Abuse Prevention and Education Program)
Legal Reference: Connecticut General Statutes
10-220a Inservice training. Professional development committees. Institutes for
educators. Cooperating teacher program, regulations (as amended by PA 11-93)
10-221d Criminal history records check of school personnel. Fingerprinting. Termination
or dismissal (as amended by PA 11-93)
10-221s Investigations of child abuse and neglect. Disciplinary action. (as amended by
PA 16-188)
17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for
aggrieved persons. Regulations (as amended by PA 11-93)
17a-101 Protection of children from abuse. Reports required of certain professional
persons. When child may be removed from surroundings without court order. (as
amended by PA 96-246, PA 00-220, PA 02-106, PA 03-168, PA 09-242, PA 11-93, PA 15-
205, PA 18-15 and PA 18-17)
17a-101a Report of abuse or neglect by mandated reports. (as amended by PA 02-106,
PA 11-93, PA 15-205, PA 18-15 and PA 18-17)
17a-101i Abuse of child by school employee or staff member of public or private
institution or facility providing care for children. Suspension. Notification of state's
attorney re: conviction. Boards of education to adopt written policy re: reporting of
child abuse by school employee.
17a-102 Report of danger of abuse. (as amended by PA 02-106)
17a-106 Cooperation in relation to prevention, identification and treatment of child
abuse/neglect.
10-151 Teacher Tenure Act
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P.A. 11-93 An Act Concerning the Response of School Districts and the Departments of
Education and Children and Families to Reports of Child Abuse and Neglect and the
Identification of Foster Children in a School District
PA 15-112 An Act Concerning Unsubstantiated Allegations of Abuse and Neglect by
School Employees
PA 15-205 An Act Protecting School Children
REGULATION ADOPTED: February 13, 2019 (Replaced 4120P: “Reports of
Suspected Abuse or Neglect of Children or Sexual Assault
of Students By School Employees”)
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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APPENDIX A - OPERATIONAL DEFININITIONS OF CHILD ABUSE AND NEGLECT
The purpose of this policy is to provide consistency for staff in defining and identifying
operational definitions, evidence of abuse and/or neglect and examples of adverse
impact indicators.
The following operational definitions are working definitions and examples of child
abuse and neglect as used by the Connecticut Department of Children and Families.
For the purposes of these operational definitions:
• child refers to any person under eighteen (18) years of age, or under twenty-one
(21) years of age and in DCF care
• a person responsible for a child's health, welfare or care.
Note: Only a “child” as defined above may be classified as a victim of child abuse and/or
neglect; only a “person responsible”, “person given access”, or “person entrusted” as
defined above may be classified as a perpetrator of child abuse and/or neglect.
Legal References: Connecticut General Statutes §17a-93; §17a-103a; §17a-101, et. seq.,
as amended by P.A. 11-93; §46b-120.
Physical Abuse
A child may be found to have been physically abused who:
• has been inflicted with physical injury or injuries other than by accidental means,
• is in a condition which is the result of maltreatment such as, but not limited to,
malnutrition, sexual molestation, deprivation of necessities, emotional
maltreatment or cruel punishment, and/or
• has injuries at variance with the history given of them.
Evidence of physical abuse includes:
• bruises, scratches, lacerations
• burns, and/or scalds
• reddening or blistering of the tissue through application of heat by fire, chemical
substances, cigarettes, matches, electricity, scalding water, friction, etc.
• injuries to bone, muscle, cartilage, ligaments, fractures, dislocations, sprains,
strains, displacements, hematomas, etc.
• head injuries
• internal injuries
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• death
• misuse of medical treatments or therapies
• malnutrition related to acts of commission or omission by an established
caregiver resulting in a child’s malnourished state that can be supported by
professional medical opinion
• deprivation of necessities acts of commission or omission by an established
caregiver resulting in physical harm to child
• cruel punishment.
Sexual Abuse/Exploitation Sexual Abuse/Exploitation
Sexual Abuse/Exploitation is any incident involving a child's non-accidental exposure to
sexual behavior.
Evidence of sexual abuse includes, but is not limited to the following:
• rape
• penetration: digital, penile, or foreign objects
• oral / genital contact
• indecent exposure for the purpose of sexual gratification of the offender, or for
purposes of shaming, humiliating, shocking or exerting control over the victim
• incest
• fondling, including kissing, for the purpose of sexual gratification of the offender,
or for purposes of shaming, humiliating, shocking or exerting control over the
victim
• sexual exploitation, including possession, manufacture, or distribution of child
pornography. online enticement of a child for sexual acts, child prostitution,
child-sex tourism, unsolicited obscene material sent to a child, or misleading
domain name likely to attract a child to an inappropriate website
• coercing or forcing a child to participate in, or be negligently exposed to,
pornography and/or sexual behavior
• disease or condition that arises from sexual transmission
• other verbal, written or physical behavior not overtly sexual but likely designed
to “groom” a child for future sexual abuse.
Legal References: Federal Law 18 U.S.C. 2215 Sexual Exploitation of Children.
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Emotional Maltreatment-Abuse is:
• act(s), statement(s), or threat(s), which
• has had, or is likely to have an adverse impact on the child; and/or
• interferes with a child’s positive emotional development.
Evidence of emotional maltreatment-abuse includes, but is not limited to, the following:
• rejecting;
• degrading;
• isolating and/or victimizing a child by means of cruel, unusual, or excessive
methods of discipline; and/or
• exposing the child to brutal or intimidating acts or statements.
Indicators of Adverse Impact of emotional maltreatment-abuse may include, but are
not limited to, the following:
• depression;
• withdrawal;
• low self-esteem;
• anxiety;
• fear;
• aggression/ passivity;
• emotional instability;
• sleep disturbances;
• somatic complaints with no medical basis;
• inappropriate behavior for age or development;
• suicidal ideations or attempts;
• extreme dependence;
• academic regression; and/or
• trust issues.
Physical Neglect
A child may be found neglected who:
• has been abandoned;
• is being denied proper care and attention physically, educationally, emotionally,
or morally;
• is being permitted to live under conditions, circumstances or associations
injurious to his well-being; and/or
• has been abused.
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Evidence of physical neglect includes, but is not limited to:
• inadequate food;
• malnutrition;
• inadequate clothing;
• inadequate housing or shelter;
• erratic, deviant, or impaired behavior by the person responsible for the child’s
health, welfare or care; by a person given access to the child; or by a person
entrusted with the child’s care which adversely impacts the child;
• permitting the child to live under conditions, circumstances or associations
injurious to his well-being including, but not limited to, the following:
Note: Inadequate food, clothing, or shelter or transience finding must be related to
caregiver acts of omission or commission and not simply a function of poverty alone.
Medical Neglect
Medical Neglect is the unreasonable delay, refusal or failure on the part of the person
responsible for the child's health, welfare or care or the person entrusted with the
child’s care to seek, obtain, and/or maintain those services for necessary medical, dental
or mental health care when such person knows, or should reasonably be expected to
know, that such actions may have an adverse impact on the child.
Evidence of medical neglect includes, but is not limited to:
• frequently missed appointments, therapies or other necessary medical and/or
mental health treatments;
• withholding or failing to obtain or maintain medically necessary treatment from
a child with life-threatening, acute or chronic medical or mental health
conditions; and/or
• withholding medically indicated treatment from disabled infants with life
threatening conditions.
Note: Failure to provide the child with immunizations or routine well child care in and
of itself does not constitute medical neglect.
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Educational Neglect
Except as noted below, Educational Neglect occurs when, by action or inaction, the
parent or person having control of a child five (5) years of age and older and under
eighteen (18) years of age who is not a high school graduate:
• fails to register the child in school
• fails to allow the child to attend school or receive home instruction in
accordance with CONN. GEN. STAT. §10-184
• failure to take appropriate steps to ensure regular attendance at school if the
child is registered.
Exceptions (in accordance with CONN. GEN. STAT. §10-184):
• A parent or person having control of a child may exercise the option of not
sending the child to school at age five (5) or age six (6) years by personally
appearing at the school district office and signing an option form. In these cases,
educational neglect occurs if the parent or person having control of the child has
registered the child at age five (5) or age (6) years and then does not allow the
child to attend school or receive home instruction.
Note: Failure to sign a registration option form for such a child is not in and of itself
educational neglect.
• A parent or person having control of a child seventeen (17) years of age may
consent to such child’s withdrawal from school. Such parent or person shall
personally appear at the school district office and sign a withdrawal form.
Emotional Neglect
Emotional Neglect is the denial of proper care and attention, or failure to respond, to a
child’s affective needs by the person responsible for the child's health, welfare or care;
by the person given access to the child; or by the person entrusted with the child’s care
which has an adverse impact on the child or seriously interferes with a child’s positive
emotional development.
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Evidence of emotional neglect includes, but is not limited to, the following:
• inappropriate expectations of the child given the child's developmental level;
• failure to provide the child with appropriate support, attention and affection;
• permitting the child to live under conditions, circumstances or associations;
injurious to his well-being including, but not limited to, the following;
Indicators may include, but are not limited to, the following:
• depression;
• withdrawal;
• low self-esteem;
• anxiety;
• fear;
• aggression/ passivity;
• emotional instability;
• sleep disturbances;
• somatic complaints with no medical basis;
• inappropriate behavior for age or development;
• suicidal ideations or attempts;
• extreme dependence;
• academic regression;
• trust issues.
Moral Neglect
Moral Neglect: Exposing, allowing, or encouraging the child to engage in illegal or
reprehensible activities by the person responsible for the child’s health, welfare or care
or person given access or person entrusted with the child’s care.
Evidence of Moral Neglect includes but is not limited to:
• stealing;
• using drugs and/or alcohol;
• and involving a child in the commission of a crime, directly or by caregiver
indifference.
APPENDIX B - INDICATORS OF CHILD ABUSE AND NEGLECT
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Indicators of Physical Abuse
HISTORICAL
Delay in seeking appropriate care after injury:
• No witnesses
• Inconsistent or changing descriptions of accident by child and/or parent
• Child's developmental level inconsistent with history
• History of prior "accidents"
• Absence of parental concern
• Child is handicapped (physically, mentally, developmentally) or otherwise
perceived as "different" by parent
• Unexplained school absenteeism
• History of precipitating crisis
PHYSICAL
• Soft tissue injuries on face, lips, mouth, back, buttocks, thighs or large areas of
the torso;
• Clusters of skin lesions; regular patterns consistent with an implement;
• Shape of lesions inconsistent with accidental bruise;
• Bruises/welts in various stages of healing;
• Burn pattern consistent with an implement on soles, palms, back, buttocks and
genitalia; symmetrical and/or sharply demarcated edges;
• Fractures/dislocations inconsistent with history;
• Laceration of mouth, lips, gums or eyes;
• Bald patches on scalp;
• Abdominal swelling or vomiting;
• Adult-size human bite mark(s);
• Fading cutaneous lesions noted after weekends or absences;
• Rope marks.
BEHAVIORAL
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• Wary of physical contact with adults;
• Affection inappropriate for age, extremes in behavior, aggressiveness /
withdrawal;
• Expresses fear of parents;
• Reports injury by parent;
• Reluctance to go home;
• Feels responsible (punishment "deserved");
• Poor self-esteem;
• Clothing covers arms and legs even in hot weather.
Indicators of Sexual Abuse
HISTORICAL
• Vague somatic complaint;
• Excessive school absences;
• Inadequate supervision at home;
• History of urinary tract infection or vaginitis;
• Complaint of pain; genital, anal or lower back/abdominal;
• Complaint of genital itching;
• Any disclosure of sexual activity, even if contradictory.
PHYSICAL
• Discomfort in walking, sitting;
• Evidence of trauma or lesions in and around mouth;
• Vaginal discharge/vaginitis;
• Vaginal or rectal bleeding;
• Bruises, swelling or lacerations around genitalia, inner thighs;
• Dysuria;
• Vulvitis;
• Any other signs or symptoms of sexually transmitted disease;
• Pregnancy.
BEHAVIORAL
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• Low self-esteem;
• Change in eating pattern;
• Unusual new fears;
• Regressive behaviors;
• Personality changes (hostile/aggressive or extreme compliance);
• Depression;
• Decline in school achievement;
• Social withdrawal; poor peer relationship;
• Indicates sophisticated or unusual sexual knowledge for age;
• Seductive behavior, promiscuity or prostitution;
• Substance abuse;
• Suicide ideation or attempt;
• Runaway.
Indicators of Emotional Abuse
HISTORICAL
• Parent ignores/isolates/belittles/rejects/scapegoats child
• Parent's expectations inappropriate to child's development
• Prior episode(s) of physical abuse
• Parent perceives child as "different"
PHYSICAL
• (Frequently none);
• Failure to thrive;
• Speech disorder;
• Lag in physical development;
• Signs/symptoms of physical abuse.
BEHAVIORAL
• Poor self-esteem
• Regressive behavior (sucking, rocking, enuresis)
• Sleep disorders
• Adult behaviors (parenting sibling)
• Antisocial behavior
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• Emotional or cognitive developmental delay
• Extremes in behavior - overly aggressive/compliant
• Depression
• Suicide ideation/attempt
Indicators of Physical Neglect:
HISTORICAL
• High rate of school absenteeism
• Frequent visits to school nurse with nonspecific complaints
• Inadequate supervision, especially for long periods and for dangerous activities
• Child frequently unattended; locked out of house
• Parental inattention to recommended medical care
• No food intake for 24 hours
• Home substandard (no windows, doors, heat), dirty, infested, obvious hazards
• Family member addicted to drugs/alcohol
PHYSICAL
• Hunger, dehydration
• Poor personal hygiene, unkempt, dirty
• Dental cavities/poor oral hygiene
• Inappropriate clothing for weather/size of child, clothing dirty; wears same
clothes day after day
• Constant fatigue or listlessness
• Unattended physical or health care needs
• Infestations
• Multiple skin lesions/sores from infection
BEHAVIORAL
• Comes to school early, leaves late
• Frequent sleeping in class
• Begging for/stealing food
• Adult behavior/maturity (parenting siblings)
• Delinquent behaviors
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5141.4R
STAFF
Colchester Public Schools
“We create innovative thinkers for a dynamic world”
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools jburt@colchesterct.org
CHILD ABUSE/NEGLECT PROTOCOL – STAFF
NOTE: This checklist should be used as a guide and to spur deliberation. Check if Date
Order and/or content may need to be modified depending on the completed completed
situation.
1. Suspect child abuse and/or neglect? If so, do NOT investigate. Make
DCF referral call CARELINE (800) 842-2288 within 12 hours.
2. If you suspect physical harm, contact NURSE to assess.
3. Contact Building Administrator, who will determine involvement of
other staff.
4. Contact SRO if police involvement is necessary.
5. Complete DCF-136 form and fax to the responsible DCF office. File
within 48 hours of initial report. Copy to Pupil Services and Central
Office.
6. After filing form 136, if not notified in a reasonable amount of time,
check to see if DCF accepted the report by calling the CARELINE. Notify
Principal of report status.
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5141.4R
ADMIN
Colchester Public Schools
“We create innovative thinkers for a dynamic world”
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools jburt@colchesterct.org
CHILD ABUSE/NEGLECT PROTOCOL – ADMINISTRATORS
NOTE: This checklist should be used as a guide and to spur deliberation. Check if Date
Order and/or content may need to be modified depending on the completed completed
situation.
1. Suspect child abuse and/or neglect? If so, do NOT investigate. Make
DCF referral call CARELINE (800) 842-2288 within 12 hours.
2. If you suspect physical harm, contact NURSE to assess.
3. Contact parents/caregivers, when appropriate.
4. Review need for student safety plan (separate child from adult)
5. If the alleged perpetrator is a school employee, notify the following
personnel immediately:
5a. Building Administrator
5.b Human Resources: Jan Shorts, 860-537-7264
5.c SRO if police involvement is necessary
6. Complete DCF-136 form and fax to the responsible DCF office. File
within 48 hours of initial report. Copy Pupil Services and Central Office.
7. Paid Administrative Leave. The decision of whether to place an
employee on paid administrative leave will be determined by the
Superintendent. If the allegation relates to physical or sexual abuse or
any other behavior that is seriously disruptive to the educational/work
environment or otherwise compromises student or staff safety, the
employee should immediately be placed on paid administrative leave
without prejudice pending the outcome of the investigation into his/her
behavior.
8. After filing form 136, if not notified in a reasonable amount of time,
check to see if DCF accepted the report by calling the CARELINE. Notify
Principal of report status.
9. Conduct investigation when the alleged perpetrator is a school
employee.
9a. If DCF accepts the report, coordinate with DCF to investigate the
employee’s conduct;
9b. If DCF does not accept the report, conduct own investigation and
take disciplinary action, if necessary.
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NOTE: This checklist should be used as a guide and to spur deliberation. Check if Date
Order and/or content may need to be modified depending on the completed completed
situation.
10. Determine if incident requires further investigation:
10a. Were the employee’s actions a failure to meet district standards
for professional conduct?
10b. Is there a need for further action by district personnel, e.g.:
• Did the incident include a report of suicidal ideation?
• Did the incident involve the harassment of an employee and/or
student?
• Are there TITLE IX implications? (i.e., sexual harassment)
• Were there any restraints and/or seclusions during the
incident?
• Did the incident involve any issues of student bullying?
• Did the incident involve criminal elements?
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Colchester Public Schools
Series 5000
Students
SUICIDE PREVENTION AND INTERVENTION POLICY
The Colchester Board of Education recognizes that suicide is a complex issue and that schools
are not mental health treatment centers. School personnel may recognize a potentially suicidal
youth and, in such cases, may make a preliminary determination of level of risk. The Board
directs the school staff to refer students who come to their attention as being at risk of
attempting suicide for professional assessment and treatment services outside of the school.
The Board recognizes the need for youth suicide prevention procedures and will establish
programs to assist staff to identify risk factors, intervention procedures, and procedures for
referral to outside services. Training will be provided for teachers and other school staff and
students to provide awareness and assistance in this area.
Any Board employee who has knowledge of a suicidal threat, attempt or ideation must
immediately report this information to the building administrator or his/her designee, who will,
in turn, notify the Crisis Intervention Team, with administrative assistance, if necessary, will
contact the student's family and appropriate resources outside and within the school system.
Information concerning a student's suicide attempt, threat or risk will be shared with others to
the degree necessary to protect that student and others.
Legal Reference:
Connecticut General Statutes §10-221(e)
ADOPTED: June 11, 2002
REVISED: May 8, 2018 (Replaces 5141.5)
238945v4
SUICIDE PREVENTION AND INTERVENTION POLICY Page 1 of 1
Colchester Public Schools
Series 5000
Students
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS
Management of Suicidal Risk
The school cannot be expected to thoroughly evaluate and eliminate suicidal risk.
Nevertheless, the Board is committed to respond in a supportive manner, both aggressively and
immediately, to a student who has attempted, has threatened, or is seriously considering
attempting suicide. The following procedures shall be implemented toward this end.
I. Any staff member who becomes aware of a student who may be at risk of suicide must
immediately notify the building administrator or his/her designee. This must be done
even if the student has confided in the staff person and asked that his/her
communication be kept confidential. The building administrator or designee will then
notify the Crisis Intervention Team (Note: The building administrator may have multiple
designees.)
II. The building administrator or his/her designee shall interview the student, consider
available background information and determine whether the student is "at-risk" or in
"imminent danger."
III. If the student is assessed to be "at-risk":
A. The building administrator or his/her designee shall notify the student's
parent/guardian and request a meeting with them as soon as possible,
preferably that same day. The building administrator or his/her designee may
also determine the need for an immediate suicide risk evaluation and contact a
medical or mental health facility and/or provider for that purpose.
B. When the parent/guardian arrives at school, the building administrator or
his/her designee shall meet with him/her to discuss:
1. the seriousness of the situation;
2. the need for an immediate suicide risk evaluation at a medical or mental
health facility, or other appropriate evaluation(s);
3. the need for continued monitoring of the student at home if he/she is
released following the evaluation;
4. referral to appropriate professional services outside the school system;
and
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS Page 1 of 5
5. a request for the parent/guardian to sign a release of information form
permitting communication between the school and the facility to which
the student will be taken, the student's therapist and other appropriate
individuals.
6. In the event that the building administrator has determined the need for
an immediate suicide risk evaluation and contacted a medical or mental
health facility and/or provider for that purpose, the building
administrator shall inform the parent that a medical or mental health
facility and/or provider has been notified, provide the parent with
contact information for that facility/provider, and provide the parent
with any written information provided to the school by the medical or
mental health facility and/or provider.
C. The building administrator or his/her designee shall document in writing the
course of events, including what transpired at the meeting, and the outcome.
D. If the parent/guardian does not follow through, thereby leaving the student "at-
risk", a medical referral to the Department of Children and Families (DCF) should
be made (if the student is less than 18 years of age). The parent/guardian should
be notified as soon as possible that such a referral has been made.
E. The building administrator or his/her designee may notify other staff, as
necessary to protect the student and others.
F. The building administrator or his/her designee may refer the student to the
school's Child Study Team, Mental Health Team, Crisis Intervention Team,
Student Assistance Team, Planning Placement Team or other staff as appropriate
for further consultation and planning.
G. The building administrator or his/her designee or the team shall monitor the
student's progress and shall consult as necessary with family, outside
professionals and school staff.
IV. If the student is assessed to be "in imminent danger":
A. The building administrator or his/her designee shall ensure that the student is
not left alone.
B. The building administrator or his/her designee shall notify the parent/guardian
and request that the student be picked up at school and taken to a medical or
mental health professional for thorough suicidal risk evaluation. The building
administrator or his/her designee may also determine the need for an
immediate suicide risk evaluation and contact a medical or mental health facility
and/or provider for that purpose.
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS Page 2 of 5
C. When the parent/guardian arrives at school, the building administrator or
his/her designee shall meet with him/her to discuss:
1. the seriousness of the situation;
2. the need for an immediate suicide risk evaluation at a medical or mental
health facility, or other appropriate evaluation(s);
3. the need for continued monitoring of the student at home if he/she is
released following the evaluation;
4. referral to appropriate professional services outside the school system;
and
5. a request for the parent/guardian to sign a release of information form
permitting communication between the school and the facility to which
the student will be taken, the student's therapist and other appropriate
individuals.
6. In the event that the building administrator has determined the need for
an immediate suicide risk evaluation and contacted a medical or mental
health facility and/or provider for that purpose, the building
administrator shall inform the parent that a medical or mental health
facility and/or provider has been notified, provide the parent with
contact information for that facility/provider, and provide the parent
with any written information provided to the school by the medical or
mental health facility and/or provider.
D. The building administrator or his/her designee shall document in writing the
course of events, including what transpired at the meeting, and the outcome.
E. If an assistant principal or the building administrator’s designee has responded
to the student at risk of suicide, he/she shall inform the building principal of the
course of events and the outcome.
F. The building administrator or his/her designee may notify other staff, as
necessary to protect the student and others.
G. The building administrator or his/her designee may refer the student to the
school's Child Study Team, Mental Health Team, Crisis Intervention Team,
Student Assistance Team, Planning and Placement Team or other staff as
appropriate for further consultation and planning.
H. If the parent/guardian is unable to come to school:
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS Page 3 of 5
1. The building administrator or his/her designee shall provide, over the
telephone, information as to available resources outside and within the
school system, and shall plan follow-up contacts.
2. The building administrator or his/her designee will notify the
parent/guardian of his/her intent to and arrange transport of the student
to an appropriate evaluation/treatment site by means of emergency
vehicle (e.g., ambulance or police cruiser).
3. Police may be notified if the student poses a threat to the safety of
him/herself or others, or as dictated by other circumstances.
4. The building administrator or his/her designee shall document in writing
the course of events and the outcome.
5. If an assistant principal or the building administrator’s designee has
responded to the student at risk of suicide, he/she shall inform the
building principal of the course of events and the outcome.
I. If the parent/guardian does not agree with the school's determination that the
student is in imminent danger or for any other reason refuses to take action:
1. The building administrator or his/her designee shall develop an
immediate plan focused on the protection of the student. If an assistant
principal or building administrator’s designee has responded to the
student at risk of suicide, he/she shall attempt to notify the building
principal to assist in the development of the plan.
2. The building administrator or his/her designee shall notify the
parent/guardian of the plan and shall either a) inform the
parent/guardian that the Department of Children and Families (DCF) will
be contacted and a medical neglect referral made, if the parent/guardian
remains uncooperative and the student is less than 18 years of age; or b)
inform the parent or guardian and student that the police will be called if
the parent or guardian or student remains uncooperative.
3. The building administrator or his/her designee shall arrange for an
emergency vehicle to transport the student to the hospital or an
appropriate mental health facility; shall inform hospital staff of the
situation; shall plan follow-up in relation to hospital staff or mental
health facility staff decisions as to how to proceed.
4. The building administrator or his/her designee shall consult and
cooperate with DCF and/or the police as necessary.
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS Page 4 of 5
5. The building administrator or his/her designee shall document in writing
the course of events and the outcome.
J. When a student assessed to have been "in imminent danger" returns to the
school, the PPS staff member or the appropriate school-based team (if such
referral has been made) shall coordinate consultation with outside professionals,
supportive services in school, and changes in the instructional program, when
necessary.
Suicide Education/Prevention - Students and Staff
I. As part of the Colchester Schools' Health Education Curriculum and Developmental
Guidance Curriculum, students will be educated regarding suicide risk factors and
danger signals, and how they might appropriately respond if confronted with suicidal
behavior, verbalizations, or thoughts.
II. Annually, in-service training for school staff will be held in each school building to
discuss suicide risk factors, danger signals, and the procedures outlined in these
regulations.
ADOPTED: May 8, 2018
238945v4
SUICIDE PREVENTION AND INTERVENTION ADMINISTRATIVE REGULATIONS Page 5 of 5
5142P
STUDENTS
STUDENT SAFETY
The Board of Education (Board) shall strive to build safe, supportive, and academically
challenging school learning environments in partnership with students, staff members
and families. The Board shall develop and adopt a mission statement that promotes a
safe and secure environment for learning. Such mission statement shall emphasize
respect, caring, and high academic achievement.
The Board shall ensure that all facilities, grounds, equipment, and vehicles meet
acceptable injury and violence prevention standards for design, installation, use and
maintenance.
Student safety shall be a priority of all school district personnel through close
supervision of students in all school buildings and grounds and through special attention
to:
1. Maintenance of safe school environments through conducting regular safety
vulnerability and hazard assessments of all school facilities, school grounds,
sports-related equipment and vehicles used to transport students. Security and
vulnerability assessments shall be conducted every two years, resulting in a
school safety plan for each school, based upon the assessment results.
2. Safe practices by school personnel and students – particularly in instructional
areas or in extracurricular activities presenting special hazards.
3. Development of school programs and activities consistent with appropriate
abilities and limitations of students at each age level.
4. Offering safety education to students germane to particular subjects, such as
laboratory courses in science, industrial arts, and health and physical education.
5. Appropriate first aid care for students in case of accident or sudden illness.
6. Adequacy of emergency response procedures at each school in the District (first
aid, cardiopulmonary resuscitation, infection control security).
7. Development, adoption and implementation of a code of conduct and other
appropriate rules that are designed to promote health and safety and prevent
unintended injury, harassment, bullying and other forms of violence. Such code
shall prohibit the use and possession of alcohol, tobacco and other drugs and
weapons and dangerous instruments at school.
STUDENT SAFETY Page 1 of 3
8. Training exercises for all school staff designed to help them maintain a positive
climate for learning and to effectively enforce safety and discipline rules.
9. Requiring the District and its individual schools to have safety and security plans
which serve as a guide to address the various safety needs in the school, such as
lockdown procedures, evacuations, drills and safety protocols, and personnel
assignments. The school security and safety plan for each of the District’s schools
shall annually be submitted to the Department of Emergency Services and Public
Protection.
10. Conducting regular audits (at least annually) to evaluate and analyze the
effectiveness of each school’s safety and security plans. First responders, local
law enforcement and the entire school community shall be involved in this
process. Law enforcement and local public safety officials shall evaluate all fire
and crisis response drills.
11. Communicating with parents/guardians and community members about
school-level emergency preparedness protocols to the greatest extent possible.
12. Providing regular training for all school employees on the Districts’ school
emergency management systems and protocols, as well as violence prevention
training.
13. Creating a partnership between schools, local law enforcement and appropriate
community agencies, including mental health, to prevent and reduce school
violence.
14. Establishing a school security and safety committee at each school. Such
committee shall be responsible for assisting in the development of the school’s
security and safety plan and administering such plan.
15. Assistance of the safe school climate committee at each school, originally
established to address issues related to bullying in the school, to also collect,
evaluate, and report information relating to instances of disturbing or
threatening behavior that may not meet the statutory definition of bullying.
Early Dismissal of Students
No school or grade may be dismissed before the regular hour for dismissal without the
approval of the Superintendent of Schools.
(cf. 5113 – Attendance and Excuses)
(cf. 5141.1/5141.2 – Accidents/Illness)
Legal Reference: Connecticut General Statutes
10-16b Prescribed courses of study (re health and safety courses)
10-24 Course in motor vehicle operation and highway safety
STUDENT SAFETY Page 2 of 3
10-221 Board of education to prescribe rules
52-577b Immunity from liability for emergency medical
assistance, first aid or medication by injection. School personnel
not required to administer or render
POLICY ADOPTED: July 9, 2002
REVISED: July 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT SAFETY Page 3 of 3
Colchester Public Schools
5142.1P
STUDENTS
RELATIONS WITH NONCUSTODIAL PARENTS
The Board of Education, unless informed otherwise, assumes that there are no
restrictions regarding the noncustodial parent’s right to be kept informed of the
student’s school progress and activities. If restrictions are made relative to these rights,
the custodial parent will be required to submit a copy of the court order, to the
Superintendent, which curtails these specific rights.
Unless there are specific court-imposed restrictions, such as a final divorce decree which
includes specific denial of visitation rights or a restraining order denying such rights, the
noncustodial parent, upon annual written request, may view the student’s educational,
medical or similar records maintained in such student’s cumulative record, receive
school progress reports, attend public school events, visit the child briefly at school and
have an opportunity to conference with the student’s teacher(s).
The Board of Education, presumes that the person who enrolls a student in school is the
student’s custodial parent. Further, the parent with whom the student resides is known
as the custodial parent unless a legal document or signed parental agreement indicates
otherwise. Verification may be required from the custodial parent.
While both parents can visit the student at school, only the custodial parent has the
right to remove the student from school property. Only a verified note from the
custodial parent will be cause for exception to this provision. If school personnel
encounter conflicting information from a custodial and noncustodial parent, or
anticipate a possible student abduction, law enforcement personnel will be notified
immediately, and the student will remain on school property pending the arrival of law
enforcement officials.
The custodial parent has the responsibility to keep the school office informed as to the
address of residence, in a manner determined by the school, and how he/she may be
contacted at all times. Any legal documents which restrict the rights of the noncustodial
parent must be provided by the custodial parent.
Legal Reference: Connecticut General Statutes
46b-15 Act concerning the recommendation of the Speaker of the
House of Representatives Task Force on Domestic Violence
10-15b Access of parent or guardian to student’s records
RELATIONS WITH NONCUSTODIAL PARENTS Page 1 of 2
46b-56 Access of records of minor children by noncustodial parent
Federal Family Educational Rights and Privacy Act of 1974
Department of Education 34 C.F.R. Part 99 (May 9, 1980 45FR
30802 regs. implementing
FERPA enacted as part of 438 of General Education Provisions Act
(20 U.S.C. 1232g) – parent and student privacy and other rights
with respect to educational records
POLICY ADOPTED: July 9, 2002
REVISED: December 14, 2010
REVISED: February 13, 2019
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
RELATIONS WITH NONCUSTODIAL PARENTS Page 2 of 2
5143.1P
STUDENTS
STUDENT INSURANCE
Student accident insurance shall be made available for parents/guardians to purchase if
they so desire.
POLICY ADOPTED: July 9, 2002
REVISED: June 9, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT INSURANCE Page 1 of 1
Colchester Public Schools
5144P
STUDENTS
STUDENT DISCIPLINE POLICY
I. Definitions
A. 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.
B. 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 (i.e. spring v. CO2 cartridge) and potential for serious bodily
harm or death.
C. 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.
D. 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.
E. Exclusion means any denial of public school privileges to a student for
disciplinary purposes.
F. 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 pupil was assigned at the
time such disciplinary action was taken. The expulsion period may not extend
beyond one (1) calendar year.
G. 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
STUDENT DISCIPLINE POLICY Page 1 of 30
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 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 or any
device 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.
H. In-School Suspension means an exclusion from regular classroom activity for no
more than ten (10) 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.
I. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon sai, tonfa
or chinese star.
J. 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.
K. School Days shall mean days when school is in session for students.
L. School-Sponsored Activity means any activity sponsored, recognized or
authorized by the Board and includes activities conducted on or off school
property.
M. 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.
N. Suspension means the exclusion of a student from school and/or transportation
services for not more than ten (10) consecutive school days, 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.
O. 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
STUDENT DISCIPLINE POLICY Page 2 of 30
automatic spring release devise 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.
P. 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.
II. Scope of the Student Discipline Policy
A. Conduct on School Grounds or at a School-Sponsored Activity:
The Board of Education may expel any student in grades 3-12 whose
conduct on school grounds or at a school-sponsored activity endangers
persons or property, violates a publicized policy of the Board and is
seriously disruptive of the educational process.
B. Conduct off School Grounds:
1. Students may be disciplined for conduct off school grounds if such
conduct is seriously disruptive of the educational process and violative
of a publicized policy of the Board. In making a determination as to
whether such conduct is seriously disruptive of the educational process,
the Administration and the Board of Education 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 Conn.
Gen. Stat. § 29-38, and whether any injuries occurred; and (4) whether
the conduct involved the use of alcohol.
In making a determination as to whether such conduct is seriously
disruptive of the educational process, the Administration and/or the
Board of Education may also consider whether such off-campus conduct
involved the illegal use of drugs.
III. Actions Leading to Disciplinary Action, including Removal from Class, Suspension and/or
Expulsion
Conduct which may lead to disciplinary action (including, but not limited to, removal
from class, suspension and/or expulsion in accordance with this policy) includes
conduct on school grounds or at a school-sponsored activity (including on a school
STUDENT DISCIPLINE POLICY Page 3 of 30
bus), and conduct off school grounds, as set forth above. Such conduct includes, but is
not limited to, the following:
1. Striking or assaulting a student, members of the school staff or other
persons.
2. Theft.
3. The use of obscene or profane language or gestures, the possession
and/or display of obscenity or pornographic images or the unauthorized
or inappropriate possession and/or display of images, pictures or
photographs depicting nudity.
4. Violation of smoking, dress, transportation regulations, or other
regulations and/or policies governing student conduct.
5. Refusal to obey a member of the school staff, law enforcement
authorities, or school volunteers, or disruptive classroom behavior.
6. Any act of harassment based on an individual's sex, sexual orientation,
race, color, religion, disability, national origin, ancestry, gender identity
or expression or any other characteristic protected by law.
7. Refusal by a student to identify himself/herself to a staff member when
asked, misidentification of oneself to such person(s), lying to school
officials or otherwise engaging in dishonest behavior.
8. Inappropriate displays of public affection of a sexual nature and/or sexual
activity on school grounds or at a school-sponsored activity.
9. A walk-out from or sit-in within a classroom or school building or school
grounds.
10. 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).
11. Possession 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.
12. Possession of any ammunition for any weapon described above in
paragraph 11.
STUDENT DISCIPLINE POLICY Page 4 of 30
13. Unauthorized entrance into any school facility or portion of a school
facility or aiding or abetting an unauthorized entrance.
14. 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.
15. Unlawful possession, sale, distribution, use, or consumption of tobacco,
electronic nicotine delivery systems (e.g. e-cigarettes), 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 15, the term
“electronic nicotine delivery system” shall mean an electronic device that
may be used to simulate smoking in the delivery of nicotine or other
substance 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. For the purposes of
Paragraph 15, 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, that is inhaled by
the user of such product. For the purposes of this Paragraph 15, 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.
16. 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.
17. Unlawful possession of paraphernalia used or designed to be used in the
consumption, sale or distribution of drugs, alcohol or tobacco, as
described in subparagraph (15) 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 growing,
harvesting, manufacturing, producing, preparing, packaging, 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
STUDENT DISCIPLINE POLICY Page 5 of 30
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.
18. The destruction of real, personal or school property, such as, cutting,
defacing or otherwise damaging property in any way.
19. Accumulation of offenses such as school and class tardiness, class or
study hall cutting, or failure to attend detention.
20. Trespassing on school grounds while on out-of-school suspension or
expulsion.
21. Making false bomb threats or other threats to the safety of students,
staff members, and/or other persons.
22. Defiance of school rules and the valid authority of teachers, supervisors,
administrators, other staff members and/or law enforcement authorities.
23. Throwing snowballs, rocks, sticks and/or similar objects, except as
specifically authorized by school staff.
24. Unauthorized and/or reckless and/or improper operation of a motor
vehicle on school grounds or at any school-sponsored activity.
25. Leaving school grounds, school transportation or a school-sponsored
activity without authorization.
26. Use of or copying of the academic work of another individual and
presenting it as the student's own work, without proper attribution; or
any other form of academic dishonesty, cheating or plagiarism.
27. Possession and/or use of a cellular telephone, radio, portable audio
player, CD player, blackberry, personal data assistant, walkie talkie,
Smartphone, mobile or handheld device, or similar electronic device, on
school grounds or at a school-sponsored activity in violation of Board
policy and/or administrative regulations regulating the use of such
devices.
28. Possession and/or use of a beeper or paging device on school grounds or
at a school-sponsored activity without the written permission of the
principal or his/her designee.
29. 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.
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30. 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.
31. Hazing.
32. Bullying, defined as the repeated use by one or more students of a
written, oral or electronic communication, such as cyberbullying, directed
at another student attending school in the same district, or a physical act
or gesture by one or more students repeatedly directed at another
student attending school in the same school district, which:
a. causes physical or emotional harm to such student or damage to
such student’s property;
b. places such student in reasonable fear of harm to himself or
herself, or of damage to his or her property;
c. creates a hostile environment at school for such student;
d. infringes on the rights of such student at school; or
e. substantially disrupts the education process or the orderly
operation of a school.
Bullying includes, but is not limited to, repeated written, oral or electronic
communications or physical acts or gestures based on any actual or perceived
differentiating characteristics, such as race, color, religion, ancestry, national
origin, gender, sexual orientation, gender identity or expression, socioeconomic
status, academic status, physical appearance, or mental, physical, developmental
or sensory disability, or by association with an individual or group who has or is
perceived to have one or more of such characteristics.
33. 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.
34. Acting in any manner that creates a health and/or safety hazard for staff
members, students, or the public, regardless of whether the conduct is
intended as a joke.
35. Engaging in a plan to stage or create a violent situation for the purposes
of recording it by electronic means; or recording by electronic means acts
of violence for purposes of later publication.
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36. Engaging in a plan to stage sexual activity for the purposes of recording it
by electronic means; or recording by electronic means sexual acts for
purposes of later publication.
37. Using computer systems, including email, instant messaging, text
messaging, blogging or the use of social networking websites, or other
forms of electronic communications, to engage in any conduct prohibited
by this policy.
38. 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 staff member.
39. Engaging in teen dating violence, defined as any act of physical,
emotional or sexual abuse, including stalking, harassing and threatening,
that occurs between two students who are currently in or who have
recently been in a dating relationship
40. Any action prohibited by any Federal or State law.
41. 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.
IV. Discretionary and Mandatory Expulsions
A. A principal may consider recommendation of expulsion of a student in grades
three to twelve, inclusive, in a case where he/she has reason to believe the
student has engaged in conduct described at Sections II.A. or II.B., above.
B. A principal must recommend expulsion proceedings in all cases against any
student in grades kindergarten to twelve, inclusive, whom the Administration
has reason to believe:
1. was in possession on school grounds 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 in offering for sale or distribution
a controlled substance (as defined in Conn. Gen. Stat. § 21a-240(9)),
STUDENT DISCIPLINE POLICY Page 8 of 30
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.
The terms “dangerous instrument,” “deadly weapon,” electronic
defense weapon,” “firearm,” and “martial arts weapon,” are defined
above in Section I.
C. In any preschool program provided by the Board of Education or provided by a
regional educational service center or a state or local charter school pursuant to
an agreement with the Board of Education, 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 of Education 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 or at a preschool program-sponsored event. The term “firearm”
is defined above in Section I.
D. Upon receipt of an expulsion recommendation, the Superintendent may conduct
an inquiry concerning the expulsion recommendation.
If the Superintendent or his/her designee determines that a student should or
must be expelled, he or she shall forward his/her recommendation to the Board
of Education so that the Board can consider and act upon this recommendation.
E. 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.
V. Procedures Governing Removal from Class
A. A student may be removed from class by a teacher or administrator if he/she
deliberately causes a serious disruption of the educational process. When a
student is removed, the teacher must send him/her to a designated area and
notify the principal or his/her designee at once.
B. 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
building principal 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.
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C. 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.
VI. Procedures Governing Suspension
A. The principal of a school, 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 ten (10) consecutive school days. 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 principal or designee at
which the student is informed of the charges 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. If suspended, such suspension shall be an in-school suspension, except
the principal or designee may impose an out-of-school suspension on any
pupil:
a. in grades three to twelve, inclusive, if, during the informal hearing, (i)
the principal or designee determines that the student poses such a
danger to persons or property or such a disruption of the educational
process that he or 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
Administration to address the student’s disciplinary problems through
means other than out-of-school suspension or expulsion, including
positive behavioral support strategies, or
b. in grades preschool to two, inclusive, if the principal or designee
determines that an out-of-school suspension is appropriate for such
pupil based on evidence that such pupil’s conduct on school grounds
is of a violent or sexual nature that endangers persons.
3. 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 principal or designee, but only
considered in the determination of the length of suspensions.
4. By telephone, the principal 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.
STUDENT DISCIPLINE POLICY Page 10 of 30
5. Whether or not telephone contact is made with the parent or guardian of
such minor student, the principal 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 principal or
designee), offering the parent or guardian an opportunity for a
conference to discuss same.
6. 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.
7. Not later than twenty-four (24) hours after the commencement of the
suspension, the principal or designee shall also notify the Superintendent
or his/her designee of the name of the student being suspended and the
reason for the suspension.
8. The student shall be allowed to complete any classwork, including
examinations, without penalty, which he or she missed while under
suspension.
9. The school 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.
10. 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 VI.A(9), 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.
11. 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.
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12. The decision of the principal or designee with regard to disciplinary
actions up to and including suspensions shall be final.
13. 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
principal specifically authorizes the student to enter school property for a
specified purpose or to participate in a particular school-sponsored
activity.
B. 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 of Education.
The principal 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.
VII. Procedures Governing In-School Suspension
A. The principal or designee may impose in-school suspension in cases where a
student's conduct endangers persons or property, violates school policy,
seriously disrupts the educational process or in other appropriate circumstances
as determined by the principal or designee.
B. In-school suspension may not be imposed on a student without an informal
hearing by the building principal or designee.
C. In-school suspension may be served in the school that the student regularly
attends or in any other school building within the jurisdiction of the Board.
D. 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.
E. 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.
VIII. Procedures Governing Expulsion Hearing
A. Emergency Exception:
Except in an emergency situation, the Board of Education 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-
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180a, and § 4-181a. Whenever an emergency exists, the hearing provided for
herein shall be held as soon as possible after the expulsion.
B. 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.
C. 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 his/her parent(s) or guardian(s) at least
five (5) business days before 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 his/her 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:
a. The date, time, place and nature of the hearing.
b. 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.
c. A short, plain description of the conduct alleged by the
Administration.
d. 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.
e. The student may cross-examine witnesses called by the
Administration.
f. The student may be represented by an attorney or other advocate
of his/her choice at his/her expense or at the expense of his/her
parent(s) or guardian(s).
STUDENT DISCIPLINE POLICY Page 13 of 30
g. A student is entitled to the services of a translator or interpreter,
to be provided by the Board of Education, whenever the student
or his/her parent(s) or guardian(s) requires the services of an
interpreter because he/she/they do(es) not speak the English
language or is(are) disabled.
h. The conditions under which the Board is not legally required to
give the student an alternative educational opportunity (if
applicable).
i. Information concerning the parent’s(s’) or guardian’s(s’) and the
student’s legal rights and concerning about free or reduced-rate
legal services and how to access such services.
j. 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.
D. 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 counsel,
briefly explain the hearing procedures, and swear in any witnesses called
by the Administration or the student.
2. The hearing will be conducted in executive session. A verbatim record of
the hearing will be made, either by tape 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 Administration 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 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 or irrelevant.
5. The hearing will be conducted in two (2) parts. In the first part of the
hearing, the Board will receive and consider evidence regarding the
conduct alleged by the Administration.
STUDENT DISCIPLINE POLICY Page 14 of 30
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 Administration will be called and sworn. After a
witness has finished testifying, he/she will be subject to cross-
examination by the opposite party or his/her legal counsel, by the
Presiding Officer and by Board members.
8. The student shall not be compelled to testify at the hearing.
9. After the Administration has presented its case, the student will be asked
if he/she 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 Presiding Officer and/or
by the Board. The student may also choose to make a statement at this
time. If the student chooses to make a statement, he or she will be
sworn and subject to cross examination and questioning by the Presiding
Officer and/or by the Board. Concluding statements will be made by the
Administration and then by the student and/or his or her representative.
10. In cases where the student has denied the allegation, the Board must
determine whether the student committed the offense(s) as charged by
the Superintendent.
11. If the Board determines that the student has committed the conduct as
alleged, then the Board shall proceed with the second portion of the
hearing, during which the 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 may
review the student’s attendance, academic and past disciplinary records.
The 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 VI.A (9), (10), (11), above, and Section X, below.
The Board may ask the Superintendent for a recommendation as to the
discipline to be imposed.
13. Evidence of past disciplinary problems which 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 is considering length of expulsion and
nature of alternative educational opportunity to be offered.
14. Where administrators presented the case in support of the charges
against the student, such administrative staff shall not be present during
the deliberations of the Board either on questions of evidence or on the
final discipline to be imposed. The Superintendent may, after reviewing
STUDENT DISCIPLINE POLICY Page 15 of 30
the incident with administrators, and reviewing the student’s records,
make a recommendation to the Board as to the appropriate discipline to
be applied.
15. The 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.
16. 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 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. The Board-specified program shall not
require the student and/or the student’s parents to pay for participation
in the program.
17. The 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.
E. Presence on School Grounds and Participation in School-Sponsored Activities
During Expulsion:
During the period of expulsion, 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, except for the student’s participation in any alternative
educational opportunity provided by the district in accordance with this policy,
unless the Superintendent specifically authorizes the student to enter school
property for a specified purpose or to participate in a particular school-
sponsored activity.
F. Stipulated Agreements:
In lieu of the procedures used in this Section, the Administration 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
STUDENT DISCIPLINE POLICY Page 16 of 30
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 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 his or her
own behalf.
If the parties agree on the facts, but not on the disciplinary recommendation, the
Administration 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 in lieu of holding the first part of the
hearing, as described above. Such Joint Stipulation shall include language
indicating that the parents 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 rejects the Joint Stipulation of Facts, a full expulsion hearing shall be
held pursuant to the procedures outlined herein.
IX. Alternative Educational Opportunities for Expelled Students
A. For the purposes of this Section, and subject to Subsection IX.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, with an individualized learning plan, if the Board provides such alternative
education, or (2) in accordance with the standards adopted by the State Board of
Education.
B. Students under sixteen (16) years of age:
Whenever the Board of Education expels a student under sixteen (16) years of
age, it shall offer any such student an alternative educational opportunity.
C. Students sixteen (16) to eighteen (18) years of age:
1. The Board of Education shall provide an alternative educational
opportunity to a sixteen (16) to eighteen (18) year-old student expelled
for the first time if he/she requests it and if he/she agrees to the
conditions set by the Board of Education. Such alternative educational
opportunity may include, but shall not be limited to, the placement of a
pupil who is at least sixteen years of age in an adult education program.
Any pupil participating in an adult education program during a period of
expulsion shall not be required to withdraw from school as a condition to
his/her participation in the adult education program.
STUDENT DISCIPLINE POLICY Page 17 of 30
2. The Board of Education 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 of Education shall count the expulsion of a pupil when he/she
was under sixteen (16) years of age for purposes of determining whether
an alternative educational opportunity is required for such pupil when
he/she is between the ages of sixteen and eighteen.
D. Students eighteen (18) years of age or older:
The Board of Education is not required to offer an alternative educational
opportunity to expelled students eighteen (18) years of age or older.
E. Students identified as eligible for services under the Individuals with Disabilities
Education Act (“IDEA”):
Notwithstanding Sections IX.B. through D. above, if the Board of Education
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.
F. Students for whom an alternative educational opportunity is not required:
The Board of Education may offer an alternative educational opportunity to a
pupil for whom such alternative educational opportunity is not required by law
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.
X. 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 Board if the student graduates from high school.
In cases where the student’s period of expulsion is shortened or waived in accordance
with Section VIII.D(14), 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.
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
STUDENT DISCIPLINE POLICY Page 18 of 30
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.
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.
XI. Change of Residence During Expulsion Proceedings
A. Student moving into the school district:
1. If a student enrolls in the district while an expulsion hearing is pending in
another 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.
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 shall make its
determination based upon a hearing held by the 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.
B. Student moving out of the school 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.
XII. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for
Services under the Individuals with Disabilities Education Act (“IDEA”)
STUDENT DISCIPLINE POLICY Page 19 of 30
A. Suspension of IDEA students:
Notwithstanding the foregoing, if the Administration 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 school district that applies to all
students, the following procedures shall apply:
1. The Administration 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 school district is not required
to provide any educational services to the IDEA student beyond
that which is provided to all students suspended by the school
district.
B. 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 school 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 school 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 his/her disability.
STUDENT DISCIPLINE POLICY Page 20 of 30
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 building administrator (or his
or her designee) should consider the nature of the misconduct and any
relevant educational records of the student.
C. Removal of Special Education Students for Certain Offenses:
1. School personnel 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:
a. 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 or at a school-sponsored activity, or
b. Knowingly possessed or used illegal drugs or sold or solicited the
sale of a controlled substance while at school or at a school-
sponsored activity; or
c. Has inflicted serious bodily injury upon another person while at
school, on school premises, or at a school function.
2. The following definitions shall be used for this subsection XII.C.:
a. 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.
STUDENT DISCIPLINE POLICY Page 21 of 30
b. 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).
c. 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.
d. 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.
XIII. Procedures Governing Expulsions for Students Identified as Eligible under Section 504 of
the Rehabilitation Act of 1973 (“Section 504”)
A. 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 school 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 his/her 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.
B. 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
STUDENT DISCIPLINE POLICY Page 22 of 30
to review the relationship between the student’s disability and the behavior that
led to the recommendation for expulsion.
XIV. Procedures Governing Expulsions for Students Committed to a Juvenile Detention
Center
A. Any student who commits an expellable offense and is subsequently committed
to a juvenile detention center, the Connecticut Juvenile Training School 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 commitment to a juvenile detention center, the
Connecticut Juvenile Training School or any other residential placement.
B. If a student who committed an expellable offense seeks to return to a school
district after having been in a juvenile detention center, the Connecticut Juvenile
Training School or any other residential placement and such student has not
been expelled by the board of education 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.
XV. 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.
XVI. Dissemination of Policy
The Board of Education 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.
XVII. Compliance with Documentation and Reporting Requirements
A. The Board of Education shall include on all disciplinary reports the individual
student’s state-assigned student identifier (SASID).
B. The Board of Education shall report all suspensions and expulsions to the State
Department of Education.
C. If the Board of Education 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 Board shall refer
STUDENT DISCIPLINE POLICY Page 23 of 30
such student to an appropriate state or local agency for rehabilitation,
intervention or job training and inform the agency of its action.
D. If the Board of Education 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 Board shall report the
violation to the local police.
Legal References:
Connecticut General Statutes:
Public Act 17-237, An Act Concerning Education Mandate Relief
Public Act 16-147, An Act Concerning the Recommendations of the
Juvenile Justice Policy and Oversight Committee
§§ 4-176e through 4-180a and § 4-181a Uniform Administrative Procedures Act
§ 10-222d Safe school climate plans. Definitions. Safe school climate assessments
§§ 10-233a through 10-233f Suspension and expulsion of students.
§ 10-233l Expulsion and suspension of children in preschool programs
§ 19a-342a Use of electronic nicotine delivery system or vapor product
prohibited
§§ 21a-408a through 408p Palliative Use of Marijuana
§ 29-38 Weapons in vehicles
§ 53a-3 Definitions
§ 53-344b Sale and delivery of electronic nicotine delivery system or
vapor products to minors
§ 53-206 Carrying of dangerous weapons prohibited.
Packer v. Board of Educ. of the Town of Thomaston, 246 Conn. 89 (1998).
State v. Hardy, 896 A.2d 755, 278 Conn. 113 (2006).
State v. Guzman, 955 A.2d 72, 2008 Conn. App. LEXIS 445 (Sept. 16, 2008).
Federal law:
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.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).
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
STUDENT DISCIPLINE POLICY Page 24 of 30
Honig v. Doe, 484 U.S. 305 (1988)
POLICY ADOPTED: April 9, 2002
REVISION: May 10, 2005
REVISION: May 9, 2006
REVISION: April 8, 2008
REVISION: June 10, 2008
REVISION: October 13, 2009
REVISION: June 8, 2010
REVISION: September 28, 2010
REVISION: May 10, 2011
REVISION: June 9, 2015
REVISION: December 8, 2015 (Replaces policy 5144)
REVISION: March 14, 2018
REVISION: November 13, 2018
REVISION: January 14, 2020
238924v63
STUDENT DISCIPLINE POLICY Page 25 of 30
Colchester Public Schools
127 Norwich Avenue, Suite 202
Colchester, CT 06415
Jeffrey E. Burt Phone (860) 537-7208
Superintendent of Schools
jburt@colchesterct.org
(Date)
CERTIFIED MAIL - RETURN RECEIPT REQUESTED & U.S. MAIL
(Parent) 1
(Parent's Address)
(Non-custodial Parent, if applicable)
(Parent's Address)
Re: Expulsion Hearing Concerning Student Name; d.o.b.
Dear (Parent/Guardian):
In accordance with the Colchester Board of Education Policy 5144, Student Discipline, I am
writing to advise you that the Colchester Board of Education (the "Board") will hold a formal
hearing concerning your (son/daughter), (Name of Student) to consider the recommendation
of Administration that (he/she) be expelled from school. [In cases where the district uses a
hearing officer, add the following: Please be advised that the Board has appointed Attorney
[Name], to serve as an impartial hearing officer in this matter.] This hearing is being held
pursuant to Section 10-233d [In cases where a preschool student is recommended for
expulsion, add the following: and Section 10-233l]and Sections 4-176e to 4-180a, inclusive,
and Section 4-181a of the Connecticut General Statutes and the Colchester Board of Education
Policy 5144, Student Discipline, a copy of which is enclosed. The Board (OR the hearing officer)
intends to conduct the hearing in executive session, due to the confidential nature of this
hearing.
The hearing will address the allegations that your (son/daughter) violated Board Policy 5144,
Student Discipline, on date), by engaging in the following conduct:
1
If the Student is aged 18 or older, this notice should be sent directly to the student, with copies to the parent(s).
STUDENT DISCIPLINE POLICY Page 26 of 30
(The law governing these hearings requires a short, plain statement of the facts to be
included within this notice letter, and should be inserted here.
Example: carrying a knife on the school bus on a specified date and brandishing it at
other students on the bus).
(State whether you considered such conduct to endanger persons or to be seriously disruptive
of the educational process).
(If the student has admitted to this conduct, note the admission here).
The hearing has been scheduled for (date, time, place) [note: unless an emergency exists, the
this notice must be given to the student/parent/guardian at least five (5) business days
before the hearing]). You and your (son/daughter) are asked to attend this hearing. Your
(son/daughter) has the right to be represented by an attorney or other advocate at your
expense, has the right to cross-examine Administration witnesses, and may present relevant
evidence, both documentary and testimonial, concerning the allegations. The hearing will be
the parties' sole opportunity to present such evidence. The Board may also question witnesses.
An opportunity will also be given for the Administration and your (son/daughter) or his/her
representatives to present argument concerning the evidence presented at the hearing. If you
need the services of a translator or an interpreter for this hearing, please let me know as soon
as possible.
Unless the administration has determined that an emergency exists, you have the right to have
the expulsion hearing postponed for up to one week to allow time to obtain representation. If
you would like to request a postponement, please let me know as soon as possible.
The Administration may recommend expulsion from school for up to one calendar year. The
Board (OR the hearing officer) has discretion to adopt any period of expulsion up to one
calendar year.
As mentioned above, your (son/daughter) has a right to be represented, at your own expense,
by an attorney or other advocate at the expulsion hearing. Obtaining an attorney or other
advocate is the responsibility of the family. Very low income families may be able to obtain
free or reduced rate advice or legal representation through Statewide Legal Services, Inc.
(“SLS”). To apply for such assistance, those families should contact SLS immediately at 1-800-
453-3320.
In the event your (son/daughter) is expelled as a result of the scheduled hearing, and your
(son/daughter) is under sixteen (16) years of age, the Board will offer your child an alternative
educational opportunity, during any period of exclusion from school as determined by the
Administration in accordance with applicable law. If your (son/daughter) is between sixteen
(16) and eighteen (18) and has not been expelled before, the Board shall also offer to your
(son/daughter) an alternative educational opportunity if she/he wishes to continue her/his
education. Please know however, that the Board is not required to offer an alternative
educational opportunity to any student between sixteen (16) and eighteen (18) years of age
who have previously been expelled, or to students who are eighteen (18) years of age or older.
STUDENT DISCIPLINE POLICY Page 27 of 30
If you have any questions, please call my office at (number).
Sincerely,
(Name of Superintendent)
(Name of District) Public Schools
Cc: (Name of District), Chairman, (Name of District) Board of Education
(Name of Special Education director)
(Name of Principal at school that student attends)
(Name of Board of Education Attorney, where applicable)
(Name of Administration’s Attorney, where applicable)
AGREEMENT
NAME OF SUPERINTENDENT, (Superintendent of Schools for NAME OF DISTRICT), NAME OF
STUDENT and NAME(S) OF PARENT(S)/GUARDIAN(S) (the parent(s)/guardian(s) of NAME OF
STUDENT) agree as follows with respect to the Superintendent’s request that NAME OF
STUDENT be expelled from _______________ School:
1. NAME OF STUDENT (D.O.B. _________) is currently enrolled as a _____ grade
student at ____________ School.
2. NAME OF STUDENT admits that he/she engaged in the following conduct (insert a
short, plain statement of the conduct) on or about _________________, 20__.
3. NAME OF STUDENT’s conduct, as described above, violates ____________ Board of
Education Policy _________ (Student Discipline). (Cite other policies here as
appropriate). (State whether such conduct is considered to endanger persons or to
be seriously disruptive of the educational process). (If the student has admitted to
this conduct, note the admission here).
4. Students are notified of applicable Board policies regarding prohibited conduct by
publication in the student handbook.
(Optional Section for students with disabilities):
5. A manifestation determination was made on (date) concerning this conduct and it
was determined that the conduct was not a manifestation of the student’s
disability.
6. Students are notified of applicable Board policies regarding prohibited conduct by
publication in the student handbook.
7. Subject to the approval of the ___________ Board of Education (the “Board”),
NAME OF STUDENT shall be expelled, effective _____________, 20__ and
STUDENT DISCIPLINE POLICY Page 28 of 30
continuing through ___________________, 20____, under the following
conditions:
a) During the period of expulsion, the Board will provide NAME OF STUDENT with
an alternative education opportunity deemed appropriate by the
Administration in accordance with applicable law.
b) During the period of expulsion, NAME OF STUDENT will not be permitted to be
on school grounds and will not be permitted to attend or participate in any
school-sponsored activities, unless specific permission is granted in advance by
the Superintendent of Schools.
(Optional Sections regarding early readmission):
c) Prior to ________________________, the Superintendent will review NAME OF
STUDENT’s conduct, as well as his/her attendance and effort level in the
alternative educational program, for the purpose of determining, in the
Superintendent’s sole discretion, whether NAME OF STUDENT should be
readmitted to school on or about _________________________________.
d) If the Superintendent determines that NAME OF STUDENT should be
readmitted to school early in accordance with the preceding section, and if
NAME OF STUDENT subsequently commits any offense that would warrant
suspension and/or expulsion under the policies of the Board, the
Superintendent may reinstate NAME OF STUDENT’s expulsion for the remainder
of the expulsion period, through (date), without the need for any further
proceedings before the Board.
(Optional Section for expungement if the expulsion is the student’s first expulsion):
e) Prior to (date), the Superintendent will review NAME OF STUDENT’s conduct, as
well as his/her attendance and effort level since the expulsion, for the purpose of
determining, in the Superintendent’s sole discretion, whether the expulsion hearing
record of NAME OF STUDENT should be expunged from his/her educational record
as of (date).
8. All parties to this Agreement request that this Agreement be presented to the Board
for the Board’s consideration, in lieu of the submission of any other evidence by the
Superintendent and/or NAME OF STUDENT or his/her parents, and they agree that
this Agreement is sufficient for the Board to expel NAME OF STUDENT from school.
9. NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) understand and
acknowledge that, pursuant to Section 10-233d of the Connecticut General Statutes
and Board Policy, NAME OF STUDENT is entitled to an expulsion hearing before the
______________ Board of Education to contest NAME OF STUDENT’s proposed
expulsion from the ______________ Public Schools. NAME OF STUDENT and NAME
OF PARENT(S)/GUARDIAN(S) further understands and acknowledges that at such
STUDENT DISCIPLINE POLICY Page 29 of 30
hearing NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) would have
the right to call witnesses and to introduce documentary evidence, to cross
examine witnesses called by the Administration, and to be represented by an
attorney or other advocate at their own expense. Accordingly, NAME OF STUDENT
and NAME OF PARENT(S)/GUARDIAN(S) waive NAME OF STUDENT’s right to an
expulsion hearing pursuant to Section 10-233d of the Connecticut General Statutes.
10. The Superintendent, NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S)
understand that this Agreement is subject to the approval of the Board. In the
event that the Board does not approve this Agreement, the Superintendent, NAME
OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) agree that the expulsion
hearing concerning NAME OF STUDENT shall be rescheduled to a mutually
agreeable date for the purposes of conducting an evidentiary hearing before the
Board concerning the Superintendent’s expulsion request. NAME OF STUDENT and
NAME OF PARENT(S)/GUARDIAN(S) agree that NAME OF STUDENT will remain out
of school until the evidentiary hearing has been completed. NAME OF STUDENT
and NAME OF PARENT(S)/GUARDIAN(S) also agree that the Board’s consideration
of this proposed Agreement will not disqualify any member of the Board from
serving as a Board member in the evidentiary hearing, and they hereby waive any
right to make such a claim in any proceeding in any forum.
11. NAME OF STUDENT and NAME OF PARENT(S)/GUARDIAN(S) enter into this
Agreement voluntarily and with a full understanding of the provisions of this
Agreement.
Date:
NAME OF SUPERINTENDENT
Superintendent of Schools
Date:
NAME OF STUDENT
Student
Date:
NAME OF PARENT/GUARDIAN
OF STUDENT
Date:
NAME OF PARENT/GUARDIAN
OF STUDENT
STUDENT DISCIPLINE POLICY Page 30 of 30
Colchester Public Schools
5144.1P
STUDENTS
PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS
AND USE OF EXCLUSIONARY TIME OUT
The Colchester Board of Education seeks to foster a safe and positive learning
environment for all students. Board of Education employees will restrict the use of
physical restraint and seclusion of students to emergency situations, in accordance with
this policy and accompanying administrative regulations and applicable law. Physical
restraint or seclusion of a student may be necessary in an emergency situation to
maintain the safety of the student or another individual. The Board also regulates the
use of exclusionary time out in accordance with this Policy and accompanying
regulations and applicable law.
The Board of Education authorizes the Superintendent or his/her designee to develop
and implement Administrative Regulations in accordance with this Policy and applicable
law. The Board of Education mandates compliance with this Policy and the associated
Administrative Regulations at all times. Violations of this Policy and/or associated
Administrative Regulations by a Board of Education staff member or other individual
working at the direction of, or under the supervision of, the Board of Education, may
result in disciplinary action, up to and including possible termination of employment
status and/or termination of contract for services.
Nothing within these regulations shall be construed to interfere with the Board’s
responsibility to maintain a safe school setting, in accordance with Connecticut General
Statutes § 10-220. Under no circumstances shall employees or individuals under the
supervision of the Board use corporal punishment with students or physically manage
students for purposes of discipline.
PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS AND
USE OF EXCLUSIONARY TIME OUT Page 1 of 2
Legal References:
Public Act 18, 51, An Act Implementing the Recommendations of the
Department of Education
Conn. Gen. Stat. § 10-76b
Conn. Gen. Stat. § 10-76d
Conn. Gen. Stat. § 10-236b
Conn. Gen. Stat. §§ 53a-18 to 53a-22
Reg. Conn. State Agencies §§ 10-76b-5 to 10-76b-11
Other References:
Restraint and Seclusion: Resource Document, United States Department of
Education, available at http://www2.ed.gov/policy/seclusion/restraints-and-
seclusion-resources.pdf.
Understanding the Laws and Regulations Governing the Use of Restraint and
Seclusion, Connecticut State Department of Education (July 2018).
Guidance Related to Recent Legislation Regarding Restraint and Seclusion,
Connecticut State Department of Education (Revised, July 2018).
ADOPTED: January 12, 2012
POLICY REVISED: February 17, 2016 (Replaces Policy #5144.1)
POLICY REVISED: February 13, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS AND
USE OF EXCLUSIONARY TIME OUT Page 2 of 2
Colchester Public Schools
5144.1R
STUDENTS
ADMINISTRATIVE REGULATIONS CONCERNING PHYSICAL RESTRAINT AND SECLUSION
OF STUDENTS AND USE OF EXCLUSIONARY TIME OUT
The Colchester Public Schools (the “District”) seeks to foster a safe and positive learning
environment for all students. District employees will restrict the use of physical restraint
and seclusion of students to emergency situations, in accordance with these
administrative regulations and the associated policy and applicable law. Physical
restraint or seclusion of a student may be necessary in an emergency situation to
maintain the safety of the student or another individual. District employees will restrict
the use of exclusionary time out with students to those instances permitted by
applicable law, as described in these administrative regulations and applicable law.
The following sets forth the procedures for compliance with the relevant state law and
regulations concerning the physical restraint and seclusion of, and use of exclusionary
time out with, students in the District. The Superintendent mandates compliance with
these regulations at all times. Violations of these regulations by a Board of Education
staff member or other individual working at the direction of, or under the supervision
of, the Board of Education, may result in disciplinary action, up to and including possible
termination of employment status and/or termination of contract for services.
Nothing within these regulations shall be construed to interfere with the responsibility
of the District to maintain a safe school setting, in accordance with Connecticut General
Statutes § 10-220.
I. Definitions:
A. Exclusionary Time Out: A temporary, continuously monitored separation
of a student from an ongoing activity in a non-locked setting, for the
purpose of calming such student or deescalating such student’s behavior.
B. Life Threatening Physical Restraint: Any physical restraint or hold of a
person that (1) restricts the flow of air into a person’s lungs, whether by
chest compression or any other means, or (2) immobilizes or reduces the
ADMINISTRATIVE REGULATIONS CONCERNING PHYSICAL RESTRAINT AND SECLUSION OF
STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 1 of 14
free movement of a person’s arms, legs or head while the person is in the
prone position.
C. Psychopharmacological Agent: Any medication that affects the central
nervous system, influencing thinking, emotion or behavior;
D. Physical Restraint: Any mechanical or personal restriction that
immobilizes or reduces the free movement of a person’s arms, legs or
head, including, but not limited to, carrying or forcibly moving a person
from one location to another. The term does not include: (1) Briefly
holding a person in order to calm or comfort the person; (2) restraint
involving the minimum contact necessary to safely escort a person from
one area to another; (3) medical devices, including, but not limited to,
supports prescribed by a health care provider to achieve proper body
position or balance; (4) helmets or other protective gear used to protect
a person from injuries due to a fall; (5) helmets, mitts and similar devices
used to prevent self-injury when the device is (i) part of a documented
treatment plan or an Individualized Education Program (“IEP”); or (ii)
prescribed or recommended by a medical professional, as defined in
section 38a-976 of the Connecticut General Statutes, and is the least
restrictive means available to prevent such injury; or (6) an exclusionary
time out.
E. School Employee: (1) Any individual employed by the Colchester Public
Schools who is a teacher, substitute teacher, administrator,
superintendent, guidance counselor, psychologist, social worker, nurse,
physician, paraprofessional, coach; and (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
Colchester Public Schools pursuant to a contract with the Colchester
Public Schools.
F. Seclusion: The confinement of a person in a room from which the
student is physically prevented from leaving. Seclusion does not include
the following: (i) an exclusionary time out; or (ii) any confinement of a
student in which the person is physically able to leave the area of
confinement including, but not limited to, in-school suspension.
G. Student: a child who is
1. Enrolled in grades kindergarten to twelve, inclusive, in a public school
under the jurisdiction of a local or regional board of education;
ADMINISTRATIVE REGULATIONS CONCERNING PHYSICAL RESTRAINT AND SECLUSION OF
STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 2 of 14
2. Receiving special education and related services in an institution or
facility operating under a contract with a local or regional board of
education pursuant to subsection (d) of section 10-76d of the
Connecticut General Statutes;
3. Enrolled in a program or school administered by a regional education
service center established pursuant to section 10-66a of the
Connecticut General Statutes; OR
4. Receiving special education and related services from an approved
private special education program.
II. Life-Threatening Physical Restraint
A No school employee shall under any circumstance use a life-threatening
physical restraint on a student.
B. Nothing in this section shall be construed as limiting any defense to
criminal prosecution for the use of deadly physical force that may be
available under sections 53a-18 to 53a-22, inclusive, of the Connecticut
General Statutes.
III. Procedures for Physical Restraint and Seclusion of Students
A. No school employee shall use physical restraint or seclusion on a student
EXCEPT as an emergency intervention to prevent immediate or imminent
injury to the student or to others.
B. Seclusion shall not be used as a planned intervention in a student’s
behavioral intervention plan, individualized education program or plan
pursuant to Section 504 of the Rehabilitation Act.
C. No school employee shall use physical restraint or seclusion on a student
unless the school employee has received training in accordance with
state law and/or the District’s trainings plans as described in Section X
below, upon implementation thereof.
D. Physical restraint and seclusion of a student shall never be used as a
disciplinary measure or as a convenience.
ADMINISTRATIVE REGULATIONS CONCERNING PHYSICAL RESTRAINT AND SECLUSION OF
STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 3 of 14
E. School employees must explore ALL less restrictive alternatives prior to
using physical restraint or seclusion for a student.
F. School employees must comply with all regulations promulgated by the
Connecticut State Department of Education in their use of physical
restraint and seclusion with a student.
G. Monitoring
1. Physical restraint: A school employee must continually monitor
any student who is physically restrained. The monitoring must be
conducted by either:
a. direct observation of the student; or
b. observation by way of video monitoring within physical
proximity sufficient to provide aid as may be needed.
2. Seclusion: A school employee must frequently monitor any
student who is placed in seclusion. The monitoring must be
conducted by either:
a. direct observation of the student; or
b. observation by way of video monitoring within physical
proximity sufficient to provide aid as may be needed.
H. Length
1. Any period of physical restraint or seclusion:
a. shall be limited to that time necessary to allow the student
to compose him or herself and return to the educational
environment; and
b. shall not exceed fifteen (15) minutes, except as provided
below.
2. If any instance of physical restraint or seclusion of a student used
as an emergency intervention exceeds fifteen (15) minutes, one of
the following individuals, who have received training in the use of
physical restraint or seclusion, will determine whether continued
ADMINISTRATIVE REGULATIONS CONCERNING PHYSICAL RESTRAINT AND SECLUSION OF
STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 4 of 14
physical restraint or seclusion is necessary to prevent immediate
or imminent injury to the student or to others:
a. an administrator, or such administrator’s designee;
b. a school health or mental health personnel; or
c. a board certified behavior analyst.
3. The individual identified under subsection 2 (a-c) shall make a
new determination every thirty (30) minutes thereafter regarding
whether such physical restraint or seclusion is necessary to
prevent immediate or imminent injury to the student or to others.
I. A school employee must regularly evaluate the student being physically
restrained or secluded for signs of physical distress. The school employee
must record each evaluation in the educational record of the person
being physically restrained or secluded.
IV. Seclusion Room Requirements
Seclusion can happen in any location, although a district may designate an area
or room for this purpose. Regardless of location, any room used for seclusion
must:
A. be of a size that is appropriate to the chronological and developmental
age, size and behavior of the student;
B. have a ceiling height that is comparable to the ceiling height of the other
rooms in the building in which the seclusion room is located;
C. be equipped with heating, cooling, ventilation and lighting systems that
are comparable to the systems that are used in the other rooms of the
building in which the seclusion room is located;
D. be free of any object that poses a danger to the student who is being
placed in the seclusion room;
E. conform to applicable building code requirements.
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If the door or doors to a room used for seclusion are to be locked, latched
or otherwise secured, a modification from the State Fire Marshal’s office
shall be secured prior to the installation of a locking mechanism. If a door
locking mechanism is used, the student shall be constantly monitored
notwithstanding any other provisions of the Connecticut General Statutes
or Regulations to the contrary. The locking mechanism to be used shall be
a device that shall be readily released by staff as soon as possible but in
no case longer than within two minutes of the onset of an emergency
and is connected to the fire alarm system so that the locking mechanism
is released automatically when a fire alarm is sounded. An “emergency,”
for purposes of this subsection, includes but is not limited to the
following:
1. the need to provide direct and immediate medical attention to
the student;
2. fire;
3. the need to remove the student to a safe location during a
building lockdown; or
4. other critical situations that may require immediate removal of
the student from seclusion to a safe location.
F. have an unbreakable observation window or fixture located in a wall or
door, which allows the student a clear line of sight beyond the area of
seclusion, to permit frequent visual monitoring of the student and any
school employee in such room. The requirement for an unbreakable
observation window does not apply if it is necessary to clear and use a
classroom or other room in the school building as a seclusion room for a
student.
V. Use of Psychopharmacologic Agent
A. No school employee may use a psychopharmacologic agent on a student
without that student’s consent and the consent of the student’s
parent/guardian, except:
1. as an emergency intervention to prevent immediate or imminent
injury to the student or to others; or
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 6 of 14
2. as an integral part of the student’s established medical or
behavioral support or educational plan, or, if no such plan has
been developed, as part of a licensed practitioner’s initial orders.
B. The use of psychopharmacologic agents, alone or in combination, may be
used only in doses that are therapeutically appropriate and not as a
substitute for other appropriate treatment.
C. Any administration of a psychopharmacologic agent must ONLY be done
in accordance with applicable federal and state law and the Board of
Education’s Administration of Medication Policy.
VI. Procedures for Exclusionary Time Out
A. No school employee may use exclusionary time out as a form of discipline
for a student.
B. At least one school employee must remain with the student, or be
immediately available to the student such that the student and the
employee are able to communicate verbally, throughout the exclusionary
time out.
C. The space used for an exclusionary time out must be clean, safe, sanitary
and appropriate for the purpose of calming the student or deescalating
the student’s behavior.
D. The exclusionary time period must end as soon as possible.
E. Consistent with subsection D above, the exclusionary time out period
may vary depending on the student’s chronological and developmental
age, individual needs and behavior.
VII. Required Meetings
A. Students not eligible for special education (and not being evaluated for
eligibility for special education)
1. In the event that physical restraint or seclusion is used on a
student four (4) or more times within twenty (20) school days, a
team composed of an administrator, one or more of the student’s
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 7 of 14
teachers, a parent or guardian of the student, and, if any, a school
mental health professional, shall convene to:
a. conduct or revise a behavioral assessment of the student;
b. create or revise any applicable behavior intervention plan;
and
c. determine whether such student may require a referral for
consideration for special education pursuant to federal
and state law.
2. The requirement to convene this meeting shall not supersede the
District’s obligation to refer a student to a planning and
placement team (“PPT”) as may be required in accordance with
federal and state law.
B. Students eligible for special education (and students being evaluated for
eligibility for special education)
1. In the event that physical restraint or seclusion is used on a
student four (4) or more times within twenty (20) school days,
the student’s PPT shall convene to:
a. conduct or revise a functional behavioral assessment
(“FBA”);
b. create or revise any applicable behavior intervention plan
(“BIP”), including but not limited to, such student’s
individualized education program (“IEP”); and
c. review or revise the student’s IEP, as appropriate.
2. In the event that the exclusionary time out process is unsuccessful
in addressing a student’s problematic behavior, the student’s PPT
shall convene as soon as practicable to determine alternative
interventions or strategies to address the student’s behavior.
C. A District and/or school administrator(s) shall determine the school
employee(s) responsible for reviewing the number of occurrences of the
use of physical restraint or seclusion on a monthly basis to ensure that
the appropriate meeting(s) has been convened following the fourth
occurrence of physical restraint or seclusion in a twenty (20) day period.
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VIII. Crisis Intervention Team
A. Each school year, each school in the District must identify a crisis
intervention team consisting of any teacher, administrator, school
paraprofessional or other school employee designated by the school
principal (in coordination with other appropriate administrators), and
who has direct contact with students.
B. Members of crisis intervention teams shall respond to any incident in
which the use of physical restraint or seclusion may be necessary as an
emergency intervention to prevent immediate or imminent injury to a
student or others.
C. The District shall maintain a list of the members of the crisis intervention
team for each school.
IX. Documentation and Communication
A. After each incident of physical restraint or seclusion, and no later than
the school day following the incident, a school employee must complete
the form provided by the Colchester Public Schools for reporting
incidents of physical restraint and seclusion. The incident form must be
included in the educational file of the student who was physically
restrained or secluded. The information documented on the form must
include the following:
1. in the case of an emergency use, the nature of the emergency and
what other steps, including attempts at verbal de-escalation, were
taken to prevent the emergency from arising if there were
indications that such an emergency was likely to arise;
2. a detailed description of the nature of the restraint or seclusion;
3. the duration of the restraint or seclusion;
4. the effect of the restraint or seclusion on the student’s
established behavioral support or educational plan; AND
5. whether the seclusion of a student was conducted pursuant
to an IEP.
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B. A school employee must notify the parent or guardian of a student of
each incident that the student is physically restrained or secluded.
1. A school employee must make a reasonable attempt to
immediately notify a parent or guardian after a student is initially
placed in physical restraint or seclusion; in all circumstances, a
school employee shall notify the parent or guardian within
twenty-four (24) hours after a student is initially placed in physical
restraint or seclusion.
2. Notification must be made by telephone, e-mail, or other method
which may include, but is not limited to, sending a note home
with the student.
3. The parent or guardian of a student who has been physically
restrained or placed in seclusion shall be sent a copy of the
completed incident report of such action no later than two (2)
business days after the use of physical restraint or seclusion,
regardless of whether the parent received the notification
described in subsections 1 and 2 above.
4. The Director of Special Education shall determine what school
employees shall be permitted to ensure that required
parent/guardian notifications are made.
C. The Director of Special Education, or his or her designee, must, at each
initial PPT meeting for a student, inform the child’s parent, guardian, or
surrogate parent, or the student if such student is an emancipated minor
or eighteen years of age or older, of the laws relating to physical restraint
and seclusion as expressed through this regulation, and of the laws and
regulations adopted by the Connecticut State Department of Education
relating to physical restraint and seclusion.
1. The Director of Special Education, or his or her designee, shall
provide to the child’s parent, guardian, or surrogate parent, or the
student if such student is an emancipated minor or eighteen years
of age or older, at the first PPT meeting following the student’s
referral to special education the plain language notice of rights
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 10 of 14
regarding physical restraint and seclusion developed by the
Connecticut State Department of Education.
2. The plain language notice developed by the Connecticut State
Department of Education shall also be provided to the student’s
parent, guardian, or surrogate parent, or the student if such
student is an emancipated minor or eighteen years of age or older
at the first PPT meeting at which the use of seclusion as a
behavior intervention is included in the student’s IEP.
D. The Director of Special Education, or his or her designee, must be notified
of the following:
1. each use of physical restraint or seclusion on a student;
2. the nature of the emergency that necessitated its use;
3. whether the seclusion of a student was conducted pursuant to an
IEP; AND
4. if the physical restraint or seclusion resulted in physical injury to
the student.
X. Responsibilities of the Director of Special Education
A. The Director of Special Education, or his or her designee, must compile
annually the instances of physical restraint and seclusion within the
District, the nature of each instance of physical restraint and seclusion,
and whether instances of seclusion were conduct pursuant to IEPs.
B. The Director of Special Education, or his or her designee, must report to
the Connecticut State Department of Education within two (2) business
days any instance of physical restraint or seclusion that resulted in
physical injury (serious and non-serious) to the student.
XI. Professional Development Plan and Training
A. The District shall provide training regarding the physical restraint and
seclusion of students to the members of the crisis intervention team for
each school in the District identified in Section VIII, above. The District
may provide such training to any teacher, administrator, school
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 11 of 14
paraprofessional or other school employee, designated by the school
principal and who has direct contact with students. The District shall
provide such training annually and the training shall include, but not be
limited to:
1. Beginning with the school year commencing July 1, 2017, an
annual overview of the relevant laws and regulations regarding
the use of physical restraint and seclusion on students and the
proper uses of physical restraint and seclusion. Such overview
shall be provided by the Department of Education in a manner
and form as prescribed by the Commissioner of Education.
2. The creation of a plan to provide training regarding the
prevention of incidents requiring physical restraint or seclusion of
students. This plan shall be implemented not later than July 1,
2018.
3. The creation of a plan to provide training regarding the proper
means of physical restraint or seclusion of a student, including,
but not limited to:
a. verbal defusing or de-escalation;
b. prevention strategies;
c. various types of physical restraint;
d. the differences between life-threatening physical
restraint and other varying levels of physical
restraint;
e. the differences between permissible physical
restraint and pain compliance techniques;
f. monitoring methods to prevent harm to a student
who is physically restrained or in seclusion; and
g. recording and reporting procedures on the use of
physical restraint and seclusion.
This plan shall be implemented not later than July 1, 2018.
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 12 of 14
B. Each member of a crisis intervention team must be recertified in
the use of physical restraint and seclusion pursuant to Section
XI.A.3, above, on an annual basis.
XII. Review and Revision of Policies, Regulations and Procedures
A. The District shall make available policies and procedures regarding the
physical restraint and seclusion of students and the use of exclusionary
time out on the District’s Internet web site and procedures manual.
B. The District shall update any policies, regulations and/or procedures
regarding the physical restraint and seclusion of students and the use of
exclusionary time out within sixty (60) days after the State Department of
Education’s adoption or revision of regulations regarding the same. Any
and all such updates shall be made available in accordance with
subsection A of this section.
Legal References:
Public Act 18, 51, An Act Implementing the Recommendations of the
Department of Education
Conn. Gen. Stat. § 10-76b
Conn. Gen. Stat. § 10-76d
Conn. Gen. Stat. § 10-236b
Conn. Gen. Stat. §§ 53a-18 to 53a-22
Conn. Agencies Reg. §§ 10-76b-5 to 10-76b-11
Other References:
Restraint and Seclusion: Resource Document, United States Department of
Education, available at http://www2.ed.gov/policy/seclusion/restraints-and-
seclusion-resources.pdf.
Understanding the Laws and Regulations Governing the Use of Restraint and
Seclusion, Connecticut State Department of Education (July 2018).
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 13 of 14
Guidance Related to Recent Legislation Regarding Restraint and Seclusion,
Connecticut State Department of Education (Revised, July 2018).
ADOPTED: January 12, 2012
REVISED: February 17, 2016 (Replaces Regulation #5144.1)
REVISED: February 13, 2019
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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STUDENTS AND USE OF EXCLUSIONARY TIME OUT Page 14 of 14
Colchester Public Schools
5144.4P
STUDENTS
PHYSICAL EXERCISE AND DISCIPLINE OF STUDENTS
The Board of Education (Board) recognizes that a positive approach toward exercise and physical
activity is important to the health and well-being of students. The Board requires that each
student in elementary school shall have not less than twenty minutes daily in total devoted to
physical exercise, except that a Planning and Placement Team may alter such schedule for a child
requiring special education and related services. Further, the Board permits, in its elementary
schools, including an additional amount of time, beyond the required twenty minutes for physical
exercise, devoted to undirected play during the regular school day, subject to the approval of the
building administration.
All aspects of the school experience should encourage students to have a healthy attitude toward
exercise and promote the life-long enjoyment of physical activity. Therefore, when school
employees impose disciplinary consequences for student misconduct during the regular day, the
following restrictions shall apply:
1. Loss of Recess as Disciplinary Consequence
Except as provided below, school employees may NOT prevent a student in elementary school
from participating in the entire time devoted to physical exercise or undirected play in the regular
school day as a form of discipline. Recess and other physically active learning opportunities may
include movement-oriented learning activities in the academic environment, physical activity
breaks, and regularly scheduled school wide routines and events that engage students in physical
activity that is the time devoted each day (at least 20 minutes) to physical exercise in the
District's elementary schools.
Loss of recess or other physically active learning opportunities as a form of discipline may be
permitted on a case-by-case basis if approved in writing by the building administration prior to
the imposition of the discipline. Such approval may be granted for safety reasons, as a last resort
before in-school suspension, or in extraordinary situations when alternative strategies to address
student misconduct have been ineffective.
PHYSICAL EXERCISE AND DISCIPLINE OF STUDENTS Page 1 of 3
This restriction shall not apply to students who are receiving in-school suspension.
2. Physical Activity as Punishment
School employees may NOT require students enrolled in grades K-12, inclusive, to engage in
physical activity as a form of discipline during the school day.
3. Wellness Instruction
School employees shall not prevent students from participating in physical exercise or undirected
play during wellness instruction as a form of discipline.
This restriction does not apply to brief periods of respite/time-outs, referrals to the building
administrator, or for safety reasons.
At no time shall an entire class be prevented from participating in wellness instruction or physical
exercise activity as a disciplinary consequence.
The Superintendent of Schools is authorized to develop guidelines to implement this policy.
Nothing in this policy shall prevent a school employee from acting in accordance with an
Individualized Education Plan (IEP) developed by the student's Planning and Placement Team
(PPT).
For the purpose of this policy, “school employee” means a teacher, substitute teacher, school
administrator, school superintendent, guidance counselor, school counselor, psychologist, social
worker, nurse, physician, school paraprofessional or coach employed by the Board or working in
a public elementary, middle or high school; or 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 a public elementary, middle or high school, pursuant to a contract with the
Board.
Any employee who fails to comply with this policy will be subject to discipline, up to and including
termination of employment. Any contracted individual who provides services to or on behalf of
District students and who fails to comply with the requirements of this policy may be subject to
having his/her contract for services suspended by the District.
(cf. 6142.101 – Wellness)
PHYSICAL EXERCISE AND DISCIPLINE OF STUDENTS Page 2 of 3
Legal Reference: Connecticut General Statutes
10-221o Lunch periods. Recess (as amended by P.A. 12-116, An Act Concerning Educational
Reform, P.A. 13-173, An Act Concerning Childhood Obesity and Physical Exercise in Schools and
P.A. 19-173 An Act Concerning the Improvement of Child Development Through Play)
10-221u Boards to adopt policies addressing the use of physical activity as discipline. (as
amended by PA 18-15)
POLICY ADOPTED: January 14, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
PHYSICAL EXERCISE AND DISCIPLINE OF STUDENTS Page 3 of 3
Colchester Public Schools
5145P
STUDENTS
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE
AMERICANS WITH DISABILITIES ACT OF 1990 - POLICY
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against
individuals with a disability in any program receiving Federal financial assistance. Similarly, Title
II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination
against individuals with a disability by state and local governments. To be protected under
Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a
physical or mental impairment that substantially limits one or more major life activities; (2)
have a record of such an impairment; or (3) be regarded as having such an impairment.
In order to fulfill its obligation under Section 504/ADA, the Colchester Public Schools recognize
a responsibility to avoid discrimination in policies and practices regarding its personnel,
students, parents/guardians and members of the public who participate in school sponsored
programs. In this regard, the Colchester Public Schools prohibit discrimination against any
person with a disability in any of the services, programs or activities of the school system.
The school district has specific responsibilities under Section 504 to identify, evaluate and
provide an educational placement for students who have a physical or mental impairment that
substantially limits a major life activity. The school district’s obligation includes providing
access to a free appropriate public education (“FAPE”) for students determined to be eligible
under Section 504/ADA. Under Section 504, FAPE is defined as the provision of regular or
special education and related services that are designed to meet the individual educational
needs of a student with a disability as adequately as the needs of students without disabilities
are met, and that are provided without cost (except for fees imposed on nondisabled
students/parents).
If the parent/guardian of a student disagrees with the decisions made by the professional staff
of the school district with respect to the identification, evaluation or educational placement of
his/her child, the parent/guardian has a right to request an impartial due process hearing.
In addition, a student or parent/guardian of a student may also file an internal
grievance/complaint on these issues or any other type of discrimination on the basis of
disability by or within the district by utilizing the grievance/complaint procedures outlined in
the Board’s Administrative Regulations Regarding Students and Section 504 of Rehabilitation
STUDENTS AND SECTION 504 and TITLE ll POLICY Page 1 of 2
Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the
Office for Civil Rights, U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109- 3921
(617) 289-0111
Anyone who wishes to file a grievance/complaint with the district, or who has questions or
concerns about this policy, should contact the Director of Pupil Services and Special Education,
the Section 504/ADA Coordinator for the Colchester Public Schools, at phone number 860-537-
3103.
Legal References:
29 U.S.C. §§ 705, 794
34 C.F.R. Part 104
42 U.S.C. § 12101 et seq.
28 C.F.R. Part 35
Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the
Education of Children with Disabilities, Office for Civil Rights (March 17, 2011), available at
http://www.ed.gov/about/offices/list/ocr/504faq.html
Dear Colleague Letter, United States Department of Education, Office for Civil Rights (January
19, 2012)
ADOPTED: April 8, 2008
REVISION: May 14, 2013
REVISION: June 9, 2015
REVISION: October 13, 2016
REVISION/ADOPTED: October 9, 2018
271544v32
STUDENTS AND SECTION 504 and TITLE ll POLICY Page 2 of 2
Colchester Public Schools
5145R
STUDENTS
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE
AMERICANS WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS
Colchester Board of Education Section 504/ADA Grievance/Complaint
Procedures Regarding Discrimination Against Students on the Basis of Disability
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with
Disabilities Act of 1990 (“Title II” or “ADA”) (collectively, “Section 504/ADA”) prohibit
discrimination on the basis of disability. For the purposes of Section 504/ADA, the term
“disability” with respect to an individual means: (a) a physical or mental impairment that
substantially limits one or more major life activities of such individual; (b) a record of such an
impairment; or (c) being regarded as having such an impairment.
I. Definitions
Free appropriate public education (FAPE): for purposes of Section 504, refers to the provision
of regular or special education and related aids and services that are designed to meet
individual educational needs of students with disabilities as adequately as the needs of students
without disabilities are met, that are provided without cost (except for fees imposed on
nondisabled students/parents), and is based upon adherence to procedures that satisfy the
Section 504 requirements pertaining to educational setting, evaluation and placement, and
procedural safeguards.
Major life activities: include, but are not limited to, caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with
others, and working. A major life activity also includes the operation of a major bodily function,
such as the functions of the immune system, special sense organs and skin, normal cell growth,
and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory,
cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The
operation of a major bodily function includes the operation of an individual organ within a body
system.
Mitigating Measures: include, but are not limited to, (a) medication, medical supplies,
equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or
otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses),
prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other
implantable hearing devices, mobility devices, oxygen therapy equipment and supplies; (b) use
of assistive technology; (c) reasonable modifications or auxiliary aids or services; (d) learned
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 1 of 11
behavioral or adaptive neurological modifications; or (e) psychotherapy, behavioral therapy, or
physical therapy.
Physical or Mental Impairment: (a) any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the following body systems, such as:
neurological, musculoskeletal, special sense organs, respiratory (including speech organs),
cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic,
skin, and endocrine or (b) any mental or psychological disorder, such as intellectual disability,
organic brain syndrome, emotional or mental illness, and specific learning disability. Physical or
mental impairment includes, but is not limited to, contagious and noncontagious diseases and
conditions such as the following: orthopedic, visual, speech, and hearing impairments, and
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,
intellectual disability, emotional illness, dyslexia and other specific learning disabilities,
Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether
symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
II. Procedures for Grievances/Complaints Alleging Discrimination on the Basis of
Disability
A. Any eligible person, including any student, parent/guardian, staff member or
other employee who feels that he/she has been discriminated against on the
basis of disability may submit a written complaint to the district’s designated
Section 504/ADA Coordinator within thirty (30) school days of the alleged
occurrence. Timely reporting of complaints facilitates the prompt investigation
and resolution of such complaints. If the complaint is made verbally, the
individual taking the complaint will reduce it to writing.
B. At any time, when a complaint involves discrimination that is directly related to a
claim regarding the identification, evaluation or educational placement of a
student under Section 504, the complainant may request that the Section
504/ADA Coordinator submit the complaint directly to an impartial hearing
officer and request a hearing in accordance with Section III.D. Complaints
regarding a student’s rights with respect to his/her identification, evaluation or
educational placement shall be addressed in accordance with the procedures set
forth below in Section III.
C. Retaliation against any individual who complains pursuant to the Board’s policy
and regulations listed herein is strictly prohibited. The district will not tolerate
any reprisals or retaliation that occur as a result of the good faith reporting or
complaint of disability-based discrimination or as a result of an individual’s
participation or cooperating in the investigation of a complaint. The district will
take necessary actions to prevent retaliation as a result of filing a complaint or
the participation in an investigation of a complaint.
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WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 2 of 11
D. If the Section 504/ADA Coordinator is the subject of the complaint, the
complaint should be submitted directly to the Superintendent who may conduct
the investigation or appoint a designee to conduct the investigation in
accordance with these procedures.
E. Complaints will be investigated promptly within timeframes identified below.
Timeframes may be extended as needed given the complexity of the
investigation, availability of individuals with relevant information and other
extenuating circumstances. Confidentiality will be maintained by all persons
involved in the investigation to the extent possible.
F. The complaint should contain the following information:
1. The name of the complainant;
2. The date of the complaint;
3. The date(s) of the alleged discrimination;
4. The names of any witnesses or individuals relevant the complaint;
5. A detailed statement describing the circumstances in which the alleged
discrimination occurred; and
6. The remedy requested.
However, all complaints will be investigated to the extent possible, even if such
information is not included in the complaint. In such circumstances, additional
information may be requested by the investigator as part of the investigation
process.
G. Upon receipt of the complaint, the individual investigating the complaint shall:
1. Provide a copy of the written complaint to the Superintendent of Schools;
2. Meet with the complainant within ten (10) school days to discuss the
nature of the complaint, identify individuals the complainant believes
have relevant information, and obtain any relevant documents the
complainant may have;
3. Provide the complainant with a copy of the applicable Board Section
504/ADA Policy and these administrative regulations;
4. Conduct an investigation that is adequate, reliable, and impartial.
Investigate the factual basis for the complaint, including conducting
interviews with individuals with information and review of documents
relevant to the complaint;
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WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 3 of 11
5. Maintain confidentiality to the extent practicable throughout the
investigative process in accordance with state and federal law;
6. Communicate the outcome of the investigation in writing to the
complainant, and to any individual properly identified as a party to the
complaint (to the extent permitted by state and federal confidentiality
requirements), within fifteen (15) school days from the date the
complaint was received by the Section 504/ADA Coordinator or
Superintendent. The investigator may extend this deadline for no more
than fifteen (15) additional school days if needed to complete the
investigation. The complainant shall be notified of such extension. The
written notice shall include a finding whether the complaint was
substantiated and if so, shall identify how the district will remedy any
identified violations of Section 504/ADA;
7. If a complaint is made during summer recess, the complaint will be
reviewed and addressed as quickly as possible given the availability of
staff and/or other individuals who may have information relevant to the
complaint. If fixed timeframes cannot be met, complainant will receive
notice and interim measures may be implemented as necessary (see sub-
paragraph 6);
8. Ensure that appropriate corrective action is taken whenever allegations
are verified. When allegations are verified, ensure that measures to
remedy the effects of the discrimination are appropriately considered,
and offered, when appropriate. Corrective action should include steps to
avoid continuing discrimination.
9. In the event the investigator concludes that there is no violation of
Section 504/ADA, the district may attempt to resolve the complainant’s
ongoing concerns, if possible.
H. If the complainant is not satisfied with the findings and conclusions of the
investigation, the complainant may present the complaint and written outcome
to the Superintendent for review and reconsideration within thirty (30) calendar
days of receiving the findings. This process provides an opportunity for the
complainant to bring information to the Superintendent’s attention that would
change the outcome of the investigation. In submitting the complaint and
written outcome for review, the complainant must explain why he/she believes
the factual information was incomplete, the analysis of the facts was incorrect,
and/or the appropriate legal standard was not applied, and how this information
would change the investigator’s determination in the case. Failure to provide all
such information may result in the denial of the review.
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 4 of 11
Upon review of a written request from the complainant, the Superintendent
shall review the investigative results of the investigator and determine if further
action and/or investigation is warranted. Such action may include consultation
with the investigator and complainant, a meeting with appropriate individuals to
attempt to resolve the complaint or a decision affirming or overruling the
investigator’s conclusions or findings. The Superintendent shall provide written
notice to the complainant of his/her decision within ten (10) school days
following the receipt of the written request for review.
III. Grievance/Complaint Resolution Procedures for Complaints Involving a Student’s
Identification, Evaluation or Educational Placement
Complaints regarding a student’s identification, evaluation or educational placement
shall generally be handled using the procedures described below. However, at any
time, the complainant may request that the Section 504/ADA Coordinator submit the
complaint directly to an impartial hearing officer, and request a hearing in accordance
with the provisions of subsection D (below).
Drug/Alcohol Violations
If a student with a disability violates the Board’s policies relative to the use or
possession of illegal drugs or alcohol, the Board may take disciplinary action against
such student for his/her illegal use or possession of drugs or alcohol to the same extent
that the Board would take disciplinary action against nondisabled students. Such
disciplinary action is not subject to the complaint or due process procedures outlined
below.
A. Submission of Complaint to Section 504/ADA Coordinator
1. In order to facilitate the prompt investigation of complaints, any
complaint regarding a student’s identification, evaluation or educational
placement under Section 504 should be forwarded to the district’s
Section 504/ADA Coordinator within thirty (30) school days of the alleged
date that the dispute regarding the student’s identification, evaluation
and/or education placement arose. Timely reporting of complaints
facilitates the resolution of potential educational disputes.
2. The complaint concerning a student’s identification, evaluation or
educational placement should contain the following information:
a. Full name of the student, age, and grade level;
b. Name of parent(s);
c. Address and relevant contact information for
parent/complainant;
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 5 of 11
d. Date of complaint;
e. Specific areas of disagreement relating to the student’s
identification, evaluation and/or placement; and
f. Remedy requested.
However, all complaints will be investigated to the extent possible even if
such information is not included in the complaint. In such circumstances,
additional information may be requested by the investigator as part of
the investigation process.
3. Complaints will be investigated promptly within timeframes identified
below. Timeframes may be extended as needed given the complexity of
the investigation, availability of individuals with relevant information and
other extenuating circumstances.
4. Upon receipt of the complaint, the Section 504/ADA Coordinator shall:
a. Forward a copy of the complaint to the Superintendent of
Schools;
b. Meet with the complainant within ten (10) school days to
discuss the nature of his/her concerns and determine if an
appropriate resolution can be reached. If a complaint is made
during summer recess, the complaint will be reviewed and
addressed as quickly as possible given the availability of staff
and other individuals who may have information relevant to the
complaint;
c. If, following such a meeting, further investigation is deemed
necessary, the Section 504/ADA Coordinator shall promptly
investigate the factual basis for the complaint, consulting with
any individuals reasonably believed to have relevant
information, including the student and/or complainant; and
d. Communicate the results of his/her investigation in writing to
the complainant and any persons named as parties to the
complaint (to the extent permitted by state and federal
confidentiality requirements) within fifteen (15) school days
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 6 of 11
from the date the complaint was received by the Section
504/ADA Coordinator.
e. In the event that that the Section 504/ADA Coordinator has a
conflict of interest that prevents him/her from serving in this
role, the complaint shall be forwarded to the Superintendent
who shall appoint an investigator who does not have a conflict
of interest.
B. Review by Superintendent of Schools
1. If the complainant is not satisfied with the findings and/or resolution
offered as a result of the Section 504/ADA Coordinator’s review, the
complainant may present the complaint and the written statement of
findings to the Superintendent for review and reconsideration within
thirty (30) calendar days of receiving the findings. This process provides
an opportunity for complainants to bring information to the
Superintendent’s attention that would change the outcome of the
investigation. In submitting the complaint and written outcome for
review, the complainant must explain why he/she believes the factual
information was incomplete, the analysis of the facts was incorrect,
and/or the appropriate legal standard was not applied, and how this
information would change the investigator’s determination in the case.
Failure to provide all such information may result in the denial of the
review.
2. The Superintendent shall review the complaint and any relevant
documents maintained by the Section 504/ADA Coordinator or other
investigator and shall consult with the Section 504/ADA Coordinator or
other investigator regarding attempts to resolve the complaint. The
Superintendent also shall consult with the complainant. The
Superintendent may attempt to resolve the complainant’s concerns
alone, or with another appropriate administrator.
3. Following the Superintendent’s review, he or she shall communicate
his/her findings to the complainant within ten (10) school days following
his/her receipt of the written request for review.
4. If the complainant is not satisfied with the Superintendent’s
decision or proposed resolution, he/she may request that the
Superintendent submit the matter to a neutral mediator or to an
impartial hearing officer. This request for mediation or a hearing should
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 7 of 11
be made within fifteen (15) school days of the Superintendent’s decision.
Mediation shall only occur by mutual agreement of the parties.
C. Mediation Procedures:
A parent/guardian or student aged 18 or older may request mediation with a
neutral mediator to attempt to resolve a disagreement with the decisions made
by the professional staff of the school district with respect to the identification,
evaluation or educational placement of the student.
1. A request for mediation regarding a student’s identification, evaluation
or educational placement under Section 504 should be forwarded to the
district’s Section 504/ADA Coordinator within thirty (30) school days of
the alleged date that the dispute regarding the student’s identification,
evaluation, and/or education placement arose or within fifteen (15)
school days of the Superintendent’s decision in reviewing a complaint
handled through the grievance/complaint procedure described in Section
III.B, above.
2. The request for mediation concerning a disagreement relating to a
student’s identification, evaluation or educational placement should
contain the following information:
a. Full name of the student, age, and grade level;
b. Name of parent(s);
c. Address and relevant contact information for
parent/complainant;
d. Date of complaint;
e. Specific areas of disagreement relating to the student’s
identification, evaluation and/or placement; and
f. Remedy requested.
3. Upon receipt of a request for mediation, the Section 504/ADA
Coordinator shall:
i. Forward a copy of the request for mediation to the
Superintendent of Schools;
ii. Retain a neutral mediator who is knowledgeable about the
requirements of Section 504/ADA and has an understanding of a
free appropriate public education (“FAPE”) under Section 504 and
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 8 of 11
the distinctions between and among Section 504, the ADA and the
Individuals with Disabilities Education Act (“IDEA”).
4. The mediator shall inform all parties involved of the date, time and place
of the mediation and of the right to have legal counsel or other
representation at the complainant’s own expense, if desired.
5. The mediator shall meet with the parties jointly, or separately, as
determined by the mediator, and shall facilitate a voluntary settlement of
the dispute between the parties, if possible.
6. All statements, offers, or discussions and/or information shared during
the mediation process, but not available from other means, shall be
confidential, and may not be used in a subsequent hearing or other
administrative or judicial proceeding related to the disagreement that is
the subject of the mediation.
7. If the parties are not able to reach a voluntary settlement of the dispute,
the complainant may request an impartial hearing, as described below.
D. Impartial Hearing Procedures:
An impartial due process hearing is available to a parent/guardian of a student,
or a student aged 18 years of age or older who disagrees with the decisions
made by the professional staff of the school district with respect to the
identification, evaluation or educational placement of the student, or otherwise
makes a claim of discrimination relating to the identification, evaluation or
educational placement of the student.
1. The request for mediation concerning a disagreement relating to a
student’s identification, evaluation or educational placement should
contain the following information:
a. Full name of the student, age, and grade level;
b. Name of parent(s);
c. Address and relevant contact information for
parent/complainant;
d. Date of complaint;
e. Specific areas of disagreement relating to the student’s
identification, evaluation and/or placement; and
f. Remedy requested.
2. Upon receipt of a request for an impartial due process hearing, the Board
shall retain an impartial hearing officer. The impartial hearing officer
must be someone who is knowledgeable about the requirements of
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 9 of 11
Section 504/ADA and has an understanding of a free appropriate public
education (“FAPE”) under Section 504 and the distinctions between and
among Section 504, the ADA and the Individuals with Disabilities
Education Act (“IDEA”).
3. The impartial hearing office shall schedule a pre-hearing conference with
the District and the parent(s) or student aged 18 years of age or older (or
legal counsel for the student) to identify the issue(s) for hearing, set the
hearing schedule and address other administrative matters related to the
hearing, including the option for mediation.
4. The impartial hearing officer shall inform all parties involved of the date,
time and place of the hearing and of the right to present witnesses, other
evidence and to be represented by legal counsel at each party’s own
expense, if desired.
5. The impartial hearing officer shall hear all aspects of the complainant’s
complaint concerning the identification, evaluation or educational
placement of the student and shall reach a decision within forty-five (45)
school days of receipt of the request for hearing. The decision shall be
presented in writing to the complainant and to the Section 504/ADA
Coordinator.
6. An impartial hearing officer under Section 504 does not have jurisdiction
to hear claims alleging discrimination, harassment or retaliation based on
an individual’s disability unless such a claim is directly related to a claim
regarding the identification, evaluation, or educational placement of a
student under Section 504.
7. The time limits noted herein may be extended for good cause shown for
reasons including, but not limited to, permitting more time for thorough
review of the record, presentation of evidence or opportunity for
resolution.
IV. The Section 504/ADA Coordinator for this district is:
Director of Pupil Services and Special Education
215 Halls Hill Road
Colchester, CT 06415
860-537-3103
V. Complaints to Federal Agencies
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 10 of 11
At any time, the complainant has the right to file a formal complaint with the U.S.
Department of Education, Office for Civil Rights, 8th Floor, 5 Post Office Square, Suite
900, Boston, MA 02109-0111 (TELEPHONE NUMBER (617) 289-0111);
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html.
ADOPTED: March 13, 2007
REVISION: May 14, 2013
REVISION: June 9, 2015
REVISION: October 1, 2016/October 13, 2016
REVISION: September 4, 2018
271544v32
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENTS AND SECTION 504 OF THE REHABILITATION ACT OF 1973 AND TITLE II OF THE AMERICANS
WITH DISABILITIES ACT OF 1990 - ADMINISTRATIVE REGULATIONS Page 11 of 11
5145.11P
STUDENTS
QUESTIONING AND APPREHENSION
Student Interviews
Individual students suspected of a serious offense may not be interviewed as part of an
investigation by any person except an employee of the Board of Education without the
approval of the Principal and notification of the Superintendent of Schools. The Principal shall
be present at any interview approved by him/her, and shall notify the parents/guardians if the
child is to be interviewed to ask if they wish to be present at the interview.
Legal Reference: Connecticut General Statutes
46b-133 (P.A. 83-504 An Act Concerning the Processing of
Children Arrested for Serious Juvenile Offenses)
Policy adopted: July 9, 2002
Revised: December 8, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
QUESTIONING AND APPREHENSION Page 1 of 1
5145.12P
STUDENTS
SEARCH AND SEIZURE
School administrators have the authority to conduct reasonable searches and seize materials in
accordance with this policy for the purpose of maintaining a safe, orderly environment and for
upholding standards of conduct established by the Board of Education or school. This policy
does not apply to investigations conducted by law enforcement officials or to investigations
conducted exclusively for the purpose of criminal prosecution.
Reasonable suspicion that a student has unauthorized or illegal materials is generally required
before an individual may be singled out for a search. Reasonable suspicion is not required if a
student freely, voluntarily and knowingly consents and agrees to the search of his/her person
or personal effects.
1. Search of a Student and His/Her Effects
Fourth Amendment rights to be free from unreasonable searches and seizures apply to
searches conducted by public school officials. A student and his/her effects may be
searched if there are “reasonable grounds for suspecting that the search will turn up
evidence that the student has violated or is violating either the law or the rules of the
school or the Board of Education.” The way the search is conducted should be
“reasonably related to the objectives of the search and not excessively intrusive in light
of the age and sex of the student and the nature of the infraction.”
(a) A “pat down” search of a student’s clothing must be conducted in private by a
school official of the same sex and with an adult witness present.
2. Search of a Locker, Desk and Other Storage Area
A. Lockers, desks and other storage areas provided by the school system for use by
students are the property of the school system. Such storage areas are provided
for the temporary convenience of students only. The Board of Education
authorizes the administration and/or law enforcement officials to search lockers
and other school property available for use by students for the presence of
weapons, contraband or the fruits of a crime if there are reasonable grounds at
the inception of the search for suspecting that the search will reveal evidence
that the student has violated or is violating either the law or the rules of the
school. Moreover, the scope of the search shall be reasonably related to the
objectives of the search and shall not be excessively intrusive in light of the age
SEARCH AND SEIZURE Page 1 of 3
and sex of the student and the nature of the infraction.
B. If the school administration reasonably suspects that a student is not
maintaining a locker or other storage area assigned to him/her in a sanitary
condition, or that the storage area contains items the possession of which is
illegal or in violation of school regulations or that endangers the health, safety or
welfare of the student or others, it has the right to open and examine the
storage area and to seize any such items that are found.
C. When required by law and otherwise at the option of the building Principal,
items that have been seized shall be submitted to the police department for
proper disposition. Items not submitted to the police department shall be
disposed of as directed by the building Principal.
D. The decision to search shall be made by the Principal or the Principal’s designee.
The search shall be made in the presence of at least one witness. Discovery of
illegal or dangerous materials shall be reported to the Superintendent.
3. Searches of Student Motor Vehicles
Students are permitted to park on school premises as a matter of privilege, not of right.
The school retains authority to patrol student parking lots at any time, without notice or
consent. The interiors of vehicles on school property may be searched if a school official
has reasonable suspicion to believe that illegal, unauthorized or contraband items as
defined in Student Discipline Policy #5144, other evidence of a crime or violation of
district policy, or items which may be a threat to safety or security are contained inside.
4. Use of Trained Dogs
The District may elect to ask law enforcement officers to use specially trained drug dogs
to alert the dog’s handler to the presence of controlled substances in school facilities,
grounds and parking lots, at the discretion of the Superintendent or designee. The
trained drug dogs may sniff lockers, student motor vehicles, and other inanimate
objects. Such inspections are not considered searches and do not require notice or
consent. Only the trained dog’s handler will determine what constitutes an alert by the
dog. A drug dog’s alert constitutes reasonable suspicion for district officials to search
the lockers, personal items or vehicles. Such a search by District officials may be
conducted without notice or consent, and without a search warrant.
Dogs may not be used for random searches of students or other persons.
Legal References: Connecticut General Statutes
Section 10221 Boards of Education to prescribe rules
SEARCH AND SEIZURE Page 2 of 3
Section 5433n Searches
New Jersey v. T.L.O. ; 469 U.S. 325 (1985)
This replaces Policy #5145.121
Policy adopted: March 8, 2011
Policy revised: December 8, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
SEARCH AND SEIZURE Page 3 of 3
5145.12(a)
Students
Search and Seizure
Justification for Student Searches
Students possess the right to be free of unreasonable searches and seizures under the fourth
amendment of the Constitution of the United States. Balanced against this right is the school
officials' responsibility to create and maintain an environment consistent with school's educational
mission. School officials have a duty to protect the health, safety and welfare of all students under
their authority.
Prohibited Items
Students shall not bring to school items or substances which would disrupt the educational function
of the school or which are prohibited by school board regulations or by law. Examples of items or
substances in this category are weapons, clubs, explosives, firecrackers, alcoholic beverages and
drugs or drug paraphernalia.
Lockers and Other School Property
Lockers and other storage spaces are provided to students for their convenience. These storage
areas remain school property, and as such, are subject to periodic inspections by school authorities.
The purpose of such inspections is not to collect evidence of wrongdoing on the part of a single
student, but rather to allow school authorities responsible for the appropriate use of school property
the opportunity to confirm that lockers are being used in a manner consistent with the health and
safety of all students. Students are therefore warned not to store items which are not consistent with
school discipline policy in lockers.
Emergencies
Circumstances which put the safety of students or school staff at risk or could result in substantial
property damage also will constitute sufficient reasons for school or police officials to conduct a
thorough search of all school property. A bomb scare is an example of such an emergency.
Student Searches
School authorities are authorized to conduct searches of students or their property when reasonable
suspicion indicates that a particular student is in possession of an item or a substance that represents
a material threat to school routine or is prohibited by school board regulations or by law. Student
property shall include, but not be limited to, purses, bookbags and cars. School authorities in
cooperation with the local police department reserve the right to conduct sniff searches with dogs of
school property and student-driven cars.
Police Notification
With regard to possession of items that constitute a violation of law, school authorities will
cooperate with the appropriate law enforcement agencies in the interest of preserving the integrity of
the school's educational mission.
5145.12(b)
Students
Search and Seizure
Lockers and Other School Property (Desks)
1. The school principal or his/her designee shall maintain an accurate list of all locker
assignments and either a master key or combinations to all lockers.
2. At the time a student is assigned a locker or other storage space, he or she shall be informed
that school authorities are empowered to conduct random periodic inspections of school
lockers. Notices of this inspection policy also shall be posted in student handbooks.
3. Students also will be informed of the following locker regulations:
A. Students are responsible for the contents of the locker assigned to them.
B. Students are to keep their lockers locked.
C. Students are not to give other students access to their locker.
4. The exercise of that right to inspect also requires protection of each student's personal
privacy and protection from coercion. An authorized school administrator may search a
student's desk or locker under the following conditions:
A. There is reason to believe that the students' desk or locker contains contraband
material and the presence of said material poses a serious threat to the maintenance
of discipline, order, safety or health in the school.
B. The search of a group of students' desks or a group of students' lockers where no
particular student within the group is suspected may be conducted only if there is a
reasonable suspicion of conduct immediately harmful to students, staff or school
property.
Prescription Drugs
Students who have a legitimate need for prescription drugs in school should register this
information in the nurse's office in accordance with the Administration of Medication to Students
Policy.
Lost or Abandoned Items
Lost or abandoned items will be inspected by school authorities.
Student Searches
1. All searches of students shall be conducted or authorized by the principal or designee, in the
presence of a witness.
5145.12(c)
Students
Search and Seizure
Student Searches continued
2. When the need to search a student arises, the student may be asked to give his or her consent
to the search, but in no event shall the student be threatened with harsher punishment or
treatment for refusing to consent, nor shall he or she be coerced or induced to give consent
in any other manner. The consent, if given, shall be put in writing. If the student is unwilling
to give free and voluntary consent, the school administrator may order the student to submit
to a search. If the student refuses to obey the order, the school administrator may bring
insubordination charges against the student as stipulated in applicable school regulations.
3. Searches should be no more intrusive than necessary to discover that for which the search
was instigated.
4. A search of a student's handbag, gym bag or similar personal property carried by a student
may be conducted if there is "reasonable grounds" for suspecting that the search will turn up
evidence that the student has violated or is violating either the law or the rules of the school.
5. Locker searches shall be conducted in the presence of another staff member.
6. Searches may include, if school authorities think necessary, a patdown of student clothing.
Patdown searches shall be conducted by a member of the same sex as the student and in the
presence of another staff member. A pat-down search of a student's clothing, or a search of
a group of students where a particular student within the group is suspected, may be
conducted only if there is a reasonable suspicion of conduct immediately harmful to
students, staff or school property.
7. At no time should school officials conduct a search which requires a student to remove more
clothing than his/her shoes or jacket. If school authorities are convinced that a more
intrusive search is required to expose contraband they should advise the proper law
enforcement agency. "Strip searches" of students are prohibited by employees of this school
district.
8. Student searches which disclose evidence of school misconduct, but not criminal
misconduct, should be treated according to applicable policies and/or regulations.
9. In the event that a student search discloses evidence of criminal wrongdoing, the school
principal or his/her designee shall determine whether or not police officials should be
notified of the fruits of the search. If police officials are notified the student's parents must
be advised of this fact.
Student Notification
Students shall be informed annually that Board policy allows student search and school desk/locker
search.
5145.12(d)
Students
Search and Seizure
Legal Reference: Connecticut General Statutes
10-221 Boards of education to prescribe rules.
New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985)
PA 94-115 An Act Concerning School Searches.
Colchester Public Schools
Regulation adopted: April 13, 2011 Colchester, CT
Revised: Reference to Policy 5141.21 is now Administration of Medication to Students Policy
5145.124P
STUDENTS
USE OF ALCOHOL DETECTION DEVICES
A. Introduction
The Colchester Board of Education is committed to promoting safe and
substance-free school sponsored activities and events both on and off school
grounds, The Colchester Board of Education adopts this policy for all students
enrolled in our schools and their guests who attend school-sponsored events.
This policy will cover all school sponsored activities and events where prior
notice has been given whether conducted on or off school grounds.
1. No alcoholic or intoxicating beverages of any kind are permitted in any
building or at any event or activity authorized by the Board of Education
at any time.
2. The consumption of alcoholic or intoxicating beverages immediately prior
to or during any school sponsored event or activity on or off school
grounds is strictly prohibited by the Board of Education.
Therefore, in order to promote a safe environment for our students and their
guests at school sponsored and/or Board authorized activities and events, the
school administration and/or designee is authorized to employ the use of both
“passive” and/or active alcohol detection devices.
The Superintendent shall work with school administrators to develop a process
and timeline to reasonably ensure reliability of the screening instrument used
according to manufacturer’s guidelines, appropriate training of administrators
and designated personnel, student privacy during the taking of the sample and
security of the sample once obtained. Results of any breathalyzer testing will be
maintained in a confidential manner.
B. Prior Notification
It is the responsibility of the school administration to provide prior notice of the
use of alcohol detection devices to the attendees of Board of Education
authorized events. Prior notice will include, but is not limited to, notification in
the student/parent-guardian handbook, notification at school-wide assemblies,
USE OF ALCOHOL DETECTION DEVICES Page 1 of 2
notification on event specific advertisements and/or tickets, and notification on
guest permission forms.
C. Refusal to Screen
Students and/or their guest who refuse to submit to alcohol detection screening
at events where prior notice has been given will not be permitted to attend the
Board of Education authorized activity. No refunds will be provided to these
students or their guests. Parents/Guardians of these students will be contacted
and informed of their refusal to screen.
D. Students Testing Positive
Students who test positive for consumption of alcoholic and/or intoxicating
beverages will be subject to disciplinary action consistent with the Board’s
Discipline Policy #5144 and Drugs and Alcohol/Tobacco Policy #5131.6. Their
parents/guardians will be immediately called to pick the student up from the
school-sponsored event.
E. Breathalyzers During the School Day
Trained school personnel may ask that a student submit to a breathalyzer test
during the school day if, after careful evaluation, there is reasonable suspicion
that a student may be under the influence of alcohol while in attendance at
school. The breathalyzer test will be administered as noted above, with an
opportunity for a second test after 10 minutes. If the student tests positive for a
second time, their parents will be called and the student will face disciplinary
consequences consistent with the Board’s Discipline Policy #5144 and Drugs and
Alcohol/Tobacco Policy #5131.6.
POLICY ADOPTED: November 9, 2010
REVISED: December 12, 2013
REVISED: February 9, 2021
NSC
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
USE OF ALCOHOL DETECTION DEVICES Page 2 of 2
5145.14
STUDENTS
ON-CAMPUS RECRUITMENT
Directory information or class lists of student names and/or addresses shall not be
distributed without the consent of the parent or legal guardian of the student or by the
student who has attained majority status.
Bacon Academy shall provide the same directory information and on-campus recruiting
opportunities to representatives of the armed forces of the United States of America
and State Armed Services as are offered to nonmilitary recruiters, recruiters for
commercial concerns and recruiters representing institutions of higher education.
Military recruiters or institutions of higher education shall have access to secondary
school students’ names, addresses, and telephone listings unless a secondary student,
or the parent or legal guardian of the student, requests that such information not be
released without prior written parental consent. The Colchester Public Schools shall
notify parents of the option to make such request and shall comply with any request
received. A student eighteen years of age or older, rather than his/her parent/guardian,
may request in writing that such information not be released without his/her prior
written permission.
The Board shall also provide full access for the recruitment of students by regional
vocational technical schools, regional vocational agricultural centers, inter-district
magnet schools, charter schools and inter-district student attendance programs,
provided such recruitment is not for the purpose of interscholastic athletic competition.
The Board shall also post information about these school options on its website.
The school administrator shall make the determination of the location, date, and time of
the recruitment meetings. Administration reserves the right to deny such meeting if it is
determined that the meeting will interfere with the proper and orderly operation of the
school.
Any person or organization denied the rights accorded under this policy shall have the
right to request a review of the decision by the Board of Education at a regularly
scheduled meeting by filing a written request with the Superintendent of Schools.
ON-CAMPUS RECRUITMENT Page 1 of 2
(cf. 5125 – Student Records; Confidentiality)
(cf. 5145.15 Student Directory Information)
Legal Reference: Connecticut General Statutes
1-210 (11) Access to public records. Exempt records.
10-221b Boards of education to establish written uniform policy re
treatment of recruiters. (as amended by PA 98-252)
P.L. 106-398, 2000 H.R. 4205: The National Defense
Authorization Act for Fiscal Year 2001
Section 8025 of Public Law 114-95, “The Every Student Succeeds
Act of 2015”
Policy adopted: September 10, 2002
Policy revised: March 11, 2008
Policy revised: March 30, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
ON-CAMPUS RECRUITMENT Page 2 of 2
5145.15P
STUDENTS
STUDENT DIRECTORY INFORMATION
The Colchester Board of Education has designated the following information as directory
information:
● Student's name
● Address
● Telephone listing
● Electronic mail address
● Grade level
● Major Field(s) of study
● Photographic, computer and/or video images
● Participation in officially recognized activities and sports
● Weight and height of members of athletic teams
● Degrees, honors, and awards received
● Date and place of birth
● Dates of attendance
● The most recent educational agency or institution attended
A student’s social security number, in whole or in part, cannot be used for this purpose and is
prohibited from designation as directory information. A student ID number or other unique
personal identifier that is displayed on a student ID badge may be considered as directory
information only if the identifier cannot be used to gain access to education records except
when used in conjunction with one or more factors that authenticates the user’s identity, such
as a PIN, password, or other factor known or possessed only by the authorized user.
In accordance with The Family Educational Rights and Privacy Act (FERPA), a federal law, The
Colchester Public Schools may disclose the above-designated ‘directory information’ without
written consent. The primary purpose of directory information is to allow the Colchester Public
School District to include this type of information from students’ education records in certain
school and community publications. Examples include yearbooks, honor rolls or other
recognition lists, graduation programs, event programs/playbills, sports activity lists, press
release about a school-sponsored student award, accomplishment or activity participation, and
the publication of a public drama, band, choral and/or athletic performance on local or cable
television or the district website.
STUDENT DIRECTORY INFORMATION Page 1 of 2
Parents/guardians who do not want the Colchester Public Schools to disclose directory
information from their child(ren)’s educational records without prior written consent must
notify the school principal in writing on an annual basis.
Military recruiters, technical, magnet and charter school officials, and/or institutions of higher
learning shall have access to secondary school student names, addresses and telephone listings
unless a secondary student or the parent of the students annually requests that such
information not be released without written parental/guardian consent. The Superintendent of
Schools or his/her designee will notify parents of the option to make such a request and the
district shall comply with any request received.
Any person or organization denied the rights accorded under this policy shall have the right to
request a review of the decision by the Board of Education by filing a written request with the
Superintendent of Schools.
Legal Reference: Connecticut General Statutes:
1-210 (11) Access to public records. Exempt records
10-221b Boards of education to establish written uniform
policy re treatment of recruiters
P.L. 106-398, 2000 H.R. 4205: The National Defense
Authorization Act for Fiscal Year 2001
P.L. 107-110, “No Child Left Behind Act,” Title IX, Sec. 9528
FERPA 34 CFR Sec. 99.31(a)(10) and Sec. 99.36
Policy adopted: January 13, 2009
Policy revised: January 12, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT DIRECTORY INFORMATION Page 2 of 2
5145.4P
STUDENTS
NON-DISCRIMINATION POLICY (STUDENTS)
The Board of Education complies with all applicable federal, state and local laws prohibiting the
exclusion of any person from any of its educational programs or activities, or the denial to any
person of the benefits of any of its educational programs or activities because of race, religion,
color, national origin, sex, sexual orientation, marital status, age, disability (including
pregnancy), veteran status or gender identity or expression, subject to the conditions and
limitations established by law.
It is the policy of the Board that any form of discrimination or harassment on the basis of race,
religion, color, national origin, sex, sexual orientation, marital status, age, disability (including
pregnancy), veteran status, gender identity or expression, or any other basis prohibited by state
or federal law is prohibited, whether by students, Board employees or third parties subject to
the control of the Board. The Board’s prohibition of discrimination or harassment in its
educational programs or activities expressly extends to academic, nonacademic and
extracurricular activities, including athletics. It is also the policy of the Board to provide for the
prompt and equitable resolution of complaints alleging any discrimination on the basis of
protected characteristics such as race, color, religion, age, sex, sexual orientation, marital status,
national origin, disability (including pregnancy), veteran status or gender identity or expression.
For the purposes of this policy, “veteran” means any person honorably discharged from, or
released under honorable conditions from active service in, the United States Army, Navy,
Marine Corps, Coast Guard and Air Force and any reserve component thereof, including the
Connecticut National Guard.
For the purposes of this policy, “race” is inclusive of ethnic traits historically associated with
race, including but not limited to, hair texture and protective hairstyles. “Protective hairstyles”
includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids,
cornrows, locs, twists, Bantu knots, afros and afro puffs.
For the purposes of this policy, “gender identity or expression” means a person’s gender-related
identity, appearance or behavior, whether or not that gender-related identity, appearance or
behavior is different from that traditionally associated with the person’s physiology or assigned
sex at birth, which gender-related identity can be shown by providing evidence including, but
not limited to, medical history, care or treatment of the gender-related identity, consistent and
uniform assertion of the gender-related identity or any other evidence that the gender-related
identity is sincerely held, part of a person's core identity or not being asserted for an improper
purpose.
NON-DISCRIMINATION POLICY (STUDENTS) Page 1 of 3
Any student and/or parent/guardian wishing to file a complaint regarding discrimination may
obtain a copy of the Board’s complaint procedures and complaint form which are included in
the Board’s Administrative Regulations Regarding Non-Discrimination/Students. These
regulations accompany Board Policy Series 5000 #5145.42 and are available online at
www.colchesterct.org or upon request from the main office of any district school.
If a complaint involves allegations of discrimination or harassment based on reasons such as
gender/sex or disability, such complaints will be handled under other appropriate policies Series
5000 #5145.5 Sex Discrimination & Sexual Harassment (Students); Series 5000 #5145 Students
& Section 504 of the Rehabilitation Act of 1973 & Title ll of the Americans with Disabilities Act
of 1990.
Any student and/or parent/guardian also may file a complaint with the Office for Civil Rights,
U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109- 3921
(617) 289-0111
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html
Any student and/or parent/guardian may also file a complaint with the Connecticut Commission
on Human Rights and Opportunities:
Connecticut Commission on Human Rights and Opportunities
450 Columbus Blvd., Hartford, CT 06103-1835
(800-477-5737)
Anyone who has questions or concerns about this policy, or would like a copy of the Board’s
complaint procedures or complaint forms related to claims of discrimination, may contact:
Director of Pupil Services and Special Education
380 Norwich Avenue, Colchester, CT 06415, 860.537.3103
Anyone who has questions or concerns about the Board’s policies regarding discrimination on
the basis of gender/sex may contact the Board’s Title IX Coordinator:
Director of Pupil Services and Special Education
380 Norwich Avenue, Colchester, CT 06415, 860.537.3103
Anyone who has questions or concerns about the Board’s policies regarding discrimination on
the basis of disability may contact the Board’s Section 504/ADA Coordinator:
NON-DISCRIMINATION POLICY (STUDENTS) Page 2 of 3
Director of Pupil Services and Special Education
380 Norwich Avenue, Colchester, CT 06415, 860.537.3103
Legal References:
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.
Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.
Connecticut General Statutes § 10-15c, § 46a-58, and § 46a-81a, et seq.
Connecticut General Statutes § 1-1n, “Gender Identity or Expression” defined
Public Act 17-127, An Act Concerning Discriminatory Practices Against Veterans, Leaves
of Absence for National Guard Members, Application for Certain Medicaid Programs,
and Disclosure of Certain Records to Federal Military Law Enforcement.
ADOPTED: May 8, 2001
REVISION: January 9, 2007
REVISION: April 10, 2007
REVISION: June 8, 2010
REVISION: November 15, 2011
REVISION: June 13, 2017 (Replaces Policies 5145.42)
REVISION: August 14, 2018
REVISION: June 21, 2021
238849v20
NON-DISCRIMINATION POLICY (STUDENTS) Page 3 of 3
Colchester Public Schools
Series 5000
5145.4
Students
DISCRIMINATION COMPLAINTS - ADMINISTRATIVE REGULATIONS (STUDENTS)
It is the policy of the Board of Education that any form of discrimination or harassment on the
basis of protected characteristics such as race, color, religion, age, sex, sexual orientation,
marital status, national origin, disability (including pregnancy), veteran status or gender identity
or expression is forbidden, whether by students, Board employees or third parties subject to
the control of the Board. Students, Board employees and third parties are expected to adhere
to a standard of conduct that is respectful of the rights of all members of the school
community.
It is also the policy of the Board to provide for the prompt and equitable resolution of
complaints alleging any discrimination on the basis of protected characteristics such as race,
color, religion, age, sex, sexual orientation, marital status, national origin, disability (including
pregnancy), veteran status or gender identity or expression.
Any student and/or parent/guardian wishing to file a complaint regarding discrimination may
obtain a copy of the Board’s complaint procedures and complaint form which are included in
the Board’s Administrative Regulations Regarding Non-Discrimination/Students. These
regulations accompany Board Policy Series 5000 #5145.4 and are available online at
www.colchesterct.org or upon request from the main office of any district school.
If a complaint involves allegations of discrimination or harassment based on reasons such as
gender/sex or disability, such complaints will be handled under other appropriate policies:
Series 5000 #5145.4 Non-discrimination Policy
Series 5000 #5145.5 Sex Discrimination & Sexual Harassment (Students)
Series 5000 #5145 Students & Section 504 of the Rehabilitation Act of 1973 & Title ll of
the Americans with Disabilities Act of 1990
All other complaints by a student or parents/guardians alleging discrimination against a student
on the basis of the protected characteristics listed herein should file a written complaint with:
Director of Pupil Services and Special Education, 215 Halls Hill Road, Colchester, CT 06415, or to
the building principal or his/her designee.
Colchester Elementary School, 315 Halls Hill Road, Colchester, CT 06415
Jack Jackter Intermediate School, 215 Halls Hill Road, Colchester, CT 06415
William J. Johnston Middle School, 360 Norwich Avenue, Colchester, CT 06415
Bacon Academy, 611 Norwich Avenue, Colchester, CT 06415
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 1 of 6
Preferably, complaints should be filed within thirty (30) days of the alleged occurrence. Timely
reporting of complaints facilitates the investigation and resolution of such complaints. The
district will investigate such complaints promptly and equitably, and will take corrective action
when allegations are verified.
The district will not tolerate any reprisals or retaliation that occur as a result of the good faith
reporting of charges of harassment or discrimination on the basis of race, color, religion, age,
sex, sexual orientation, marital status, national origin, disability (including pregnancy), veteran
status or gender identity or expression. Any such reprisals or retaliation will result in
disciplinary action against the retaliator, and other corrective actions as appropriate.
The school district will periodically provide staff development for district administrators and
periodically distribute this Policy and the implementing Administrative Regulations to staff and
students in an effort to maintain an environment free of harassment and discrimination.
Complaint Procedure
As soon as a student feels that he or she has been subjected to discrimination or
harassment on the basis of race, color, religion, age, sex, sexual orientation, marital status,
national origin, disability (including pregnancy), veteran status or gender identity or expression,
he/she should make a written complaint to the Director of Pupil Services and Special Education,
215 Halls Hill Road, Colchester, CT 06415, 860.537.3103, or to the building principal, or his/her
designee. The student will be provided a copy of the Board’s policy and regulation and made
aware of his or her rights.
The complaint should state the:
A. Name of the complainant,
B. Date of the complaint,
C. Date(s) of the alleged harassment/discrimination,
D. Name(s) of the harasser(s) or discriminator(s),
E. Location where such harassment/discrimination occurred,
F. Names of any witness(es) to the harassment/discrimination,
G. Detailed statement of the circumstances constituting the alleged
harassment/discrimination; and
H. Proposed remedy.
Any student who makes an oral complaint of harassment or discrimination to any of the above-
mentioned personnel will be provided a copy of this regulation and will be requested to make a
written complaint pursuant to the above procedure. If a student (or individual acting on behalf
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 2 of 6
of the student) is unable to make a written complaint, the administrator receiving the oral
complaint will either reduce the complaint to writing or assist the student (individual acting on
behalf of the student) in completing the written complaint form.
All complaints are to be forwarded immediately to the Superintendent or his/her designee.
Upon receipt of a complaint alleging harassment or discrimination under this complaint
procedure, the Superintendent shall designate a district or school administrator to promptly
investigate the complaint. During the course of the investigation, the investigator shall
interview or consult with all individuals reasonably believed to have relevant information,
including the complainant, the alleged harasser/discriminator and any witnesses to the
conduct. Complaints will be investigated promptly within the timeframes identified below.
Timeframes may be extended as needed given the complexity of the investigation, availability
of individuals with relevant information and other extenuating circumstances. Confidentiality
will be maintained by all persons involved in the investigation to the extent possible, as
determined by the investigator.
Upon receipt of a written complaint of discrimination, the investigator should:
1. offer to meet with the complainant (and respondent, if applicable) within ten (10)
business days (provided that such timeframe may be reasonably extended based on
the availability of necessary witnesses and/or participants during periods of time
when school is not in session) to discuss the nature of the complaint, identify
individuals the complainant believes has relevant information, and obtain any
relevant documents the complainant may have;
2. provide the complainant (and respondent, if applicable) with a copy of the Board’s
non-discrimination policy and accompanying regulations;
3. investigate the factual basis of the complaint, including, as applicable, conducting
interviews with individuals deemed relevant to the complaint;
4. conduct an investigation that is adequate, reliable, and impartial. Investigate the
factual basis for the complaint, including conducting interviews with individuals with
information and review of documents relevant to the complaint;
5. maintain confidentiality to the extent practicable throughout the investigative
process, in accordance with state and federal law;
6. communicate the outcome of the investigation in writing to the complainant (and
respondent, if applicable) (to the extent permitted by state and federal confidentiality
requirements), within thirty (30) business days (provided that such timeframe may be
extended by fifteen (15) business days during periods of time when school is in
session or reasonably extended based on the availability of necessary witnesses
and/or participants during periods of time when school is not in session) from the
date the complaint was received by the Superintendent’s office. The complainant (and
respondent, if applicable) shall be notified of any extension of the investigation
timeline. The written notice shall include a finding whether the complaint was
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 3 of 6
substantiated and if so, shall identify, to the extent possible, how the district will
remedy the discrimination or harassment, adhering to the requirements of state and
federal law;
7. if a complaint is made during summer recess, the complaint will be reviewed and
addressed as quickly as possible given the availability of staff and/or other individuals
who may have information relevant to the complaint. If fixed timeframes cannot be
met, the complainant (and respondent, if applicable) will receive notice and interim
measures may be implemented as necessary (see sub-paragraph 6);
8. whenever allegations are verified, ensure that appropriate corrective action is taken
(including, but not limited to, disciplinary action) aimed at preventing the recurrence
of the harassment or discrimination. Corrective action should include steps to avoid
continuing discrimination;
9. if the complainant (and/or respondent, if applicable) is not satisfied with the findings
and conclusions of the investigation, the complainant (and/or respondent, if
applicable) may present the complaint and written outcome to the Superintendent
within thirty (30) calendar days of receiving the findings. Upon review of a written
request from the complainant (and/or respondent, if applicable), the Superintendent
shall review the investigative results of the investigator and determine if further
action and/or investigation is warranted. Such action may include consultation with
the investigator and complainant (and/or respondent, if applicable), a meeting with
appropriate individuals to attempt to resolve the complaint, or a decision affirming or
overruling the investigator’s conclusions or findings. The Superintendent shall provide
written notice to the complainant (and respondent, if applicable) of the proposed
actions within fifteen (15) business days (provided that such timeframe may be
reasonably extended based on the availability of necessary witnesses and/or
participants during periods of time when school is not in session) following the receipt
of the written request for review.
Any student and/or parent/guardian also may file a complaint with the Office for Civil Rights,
U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109- 3921
(617) 289-0111
http://www2.ed.gov/about/offices/list/ocr/docs/howto.html
Any student and/or parent/guardian may also file a complaint with the Connecticut
Commission on Human Rights and Opportunities:
Connecticut Commission on Human Rights and Opportunities
450 Columbus Blvd., Hartford, CT 06103-1835
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 4 of 6
(800-477-5737)
Anyone who has questions or concerns about this policy, or would like a copy of the Board’s
complaint procedures or complaint forms related to claims of discrimination, may contact:
Director of Pupil Services and Special Education
215 Halls Hill Road, Colchester, CT 06415, 860.537.3103
Anyone who has questions or concerns about the Board’s policies regarding discrimination on
the basis of gender/sex may contact the Board’s Title IX Coordinator:
Director of Pupil Services and Special Education
215 Halls Hill Road, Colchester, CT 06415, 860.537.3103
Anyone who has questions or concerns about the Board’s policies regarding discrimination on
the basis of gender/sex may contact the Board’s Section 504/ADA Coordinator:
Director of Pupil Services and Special Education
215 Halls Hill Road, Colchester, CT 06415, 860.537.3103
ADOPTED: May 8, 2001
REVISION: January 9, 2007
REVISION: April 10, 2007
REVISION: June 8, 2010
REVISION: November 15, 2011
REVISION: June 13, 2017 (Replaces Policies 5145.42)
REVISION: August 14, 2018
238849v19
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 5 of 6
DISCRIMINATION COMPLAINT FORM
(For complaints based on race, color, religion, age, sex, marital status, sexual orientation,
national origin, ancestry, disability (including pregnancy), gender identity or expression, or
veteran status)
Name of the complainant ________________________________________________
Date of the complaint ______________________________________________________
Date of the alleged discrimination/harassment ______________________________
Name or names of the discriminator(s) or harasser(s) ________________________
________________________________________________________________________
Location where such discrimination/harassment occurred ________________________
________________________________________________________________________
Name(s) of any witness(es) to the discrimination/harassment
Detailed statement of the circumstances constituting the alleged discrimination or
harassment____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Proposed remedy:_______________________________________________________________
______________________________________________________________________________
DISCRIMINATION COMPLAINTS - REGULATIONS (STUDENTS) Page 6 of 6
5145.5P
STUDENTS
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS)
It is the policy of the Colchester Board of Education (the “Board”) for the Colchester Public
Schools that any form of sex discrimination or sexual harassment is prohibited in the Board’s
education programs and activities, whether by students, Board employees or third parties
subject to substantial control by the Board. The Board does not discriminate on the basis of sex
in the education programs or activities that it operates and the Board is required by Title IX of
the Education Amendments of 1972 and its implementing regulations (“Title IX”) and
Connecticut law not to discriminate in such a manner. Students, Board employees and third
parties are required to adhere to a standard of conduct that is respectful of the rights of
students, employees and third parties. Any student or employee who engages in conduct
prohibited by this Policy shall be subject to disciplinary action, up to and including expulsion or
termination, respectively.
For conduct to violate Title IX, the conduct must have occurred in an education program or
activity of the Board; the conduct must have occurred within the United States of America; and
the complainant must be participating in or attempting to participate in the education program
or activity of the Board. Conduct that does not meet these requirements still may constitute a
violation of Connecticut law or another Board policy.
The Superintendent of Schools shall develop Administrative Regulations implementing this
Policy and in accordance with Title IX and Connecticut law (the “Administrative Regulations”).
Sex discrimination occurs when a person, because of the person’s sex, is denied participation in
or the benefits of any education program or activity receiving federal financial assistance.
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more
of the following:
(1) An employee of the Board conditioning the provision of an aid, benefit, or service of
the Board on an individual’s participation in unwelcome sexual conduct (i.e., quid pro
quo);
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive,
and objectively offensive that it effectively denies a person equal access to the Board’s
education programs or activities; or
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) Page 1 of 3
(3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined
in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or
“stalking” as defined in 34 U.S.C. 12291(a)(30).
Sexual harassment under Connecticut law means conduct in a school setting that 1) is sexual in
nature; 2) is unwelcome; and 3) denies or limits a student’s ability to participate in or benefit
from a school’s educational program. Sexual harassment can be verbal, nonverbal or physical.
Sexual violence is a form of sexual harassment.
Reporting Sex Discrimination or Sexual Harassment
It is the express policy of the Board to encourage victims of sex discrimination and/or sexual
harassment to report such claims. Students are encouraged to report complaints of sex
discrimination and/or sexual harassment promptly in accordance with the appropriate process
set forth in the Administrative Regulations. The Board directs its employees to respond to such
complaints in a prompt and equitable manner. The Board further directs its employees to
maintain confidentiality to the extent appropriate and not tolerate any reprisals or retaliation
that occur as a result of the good faith reporting of charges of sex discrimination and/or sexual
harassment. Any such reprisals or retaliation will result in disciplinary action against the
retaliator, up to and including expulsion or termination as appropriate.
Any Board employee with notice of sex discrimination and/or sexual harassment allegations
shall immediately report such information to the building principal and/or the Title IX
Coordinator, or if the employee does not work in a school building, to the Title IX Coordinator.
The Colchester Public Schools administration (the “Administration”) shall provide training to
Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an
informal resolution process (as set forth in the Administrative Regulations), which training shall
include but need not be limited to, the definitions of sex discrimination and sexual harassment,
the scope of the Board’s education program and activity, how to conduct an investigation and
grievance process, and how to serve impartially, including by avoiding prejudgment of the facts
at issue, conflicts of interest, and bias. The Administration shall make the training materials
used to provide these trainings publicly available on the Board’s website. The Administration
shall also periodically provide training to all Board employees on the topic of sex discrimination
and sexual harassment under Title IX and Connecticut law, which shall include but not be
limited to when reports of sex discrimination and/or sexual harassment must be made. The
Administration shall distribute this Policy and the Administrative Regulations to staff, students
and parents and legal guardians and make the Policy and the Administrative Regulations
available on the Board’s website to promote an environment free of sex discrimination and
sexual harassment.
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) Page 2 of 3
The Board’s Title IX Coordinator is the Director of Pupil Services and Special Education. Any
individual may make a report of sex discrimination and/or sexual harassment directly to the
Title IX Coordinator using any one, or multiple, of the following points of contact:
Director of Pupil Services and Special Education
380 Norwich Avenue
Colchester, CT 06415
(860) 537-3103
Any individual may also make a report of sexual harassment and/or sex discrimination to the
U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of
Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone (617) 289-0111).
Legal References: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 C.F.R § 106.1, et seq.
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Conn. Gen. Stat. § 10-15c - Discrimination in public schools prohibited.
Policy adopted: March 9, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
POLICY REGARDING TITLE IX OF THE EDUCATION AMENDMENTS OF 1972-
PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) Page 3 of 3
Colchester Public Schools
Series 5000
Students
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE
REGULATIONS
It is the policy of the Board of Education that any form of sex discrimination or sexual
harassment is forbidden, whether by students, Board employees or third parties subject to the
control of the Board. Students, Board employees and third parties are expected to adhere to a
standard of conduct that is respectful of the rights of students. Any student or employee who
engages in conduct prohibited by the Board’s sex discrimination and sexual harassment policy
shall be subject to disciplinary action.
Definitions
Sex discrimination occurs when a person, because of his or her sex, is denied participation in or
the benefits of any education program receiving federal financial assistance.
Sexual harassment: In a school setting, sexual harassment is conduct that 1) is sexual in
nature; 2) is unwelcome; and 3) denies or limits a student’s ability to participate in or benefit
from a school’s educational program. Sexual harassment can be verbal, nonverbal or physical.
Sexual violence is a form of sexual harassment. Sexual harassment creates a hostile
environment if the conduct is sufficiently severe or pervasive that it interferes with or limits a
student’s ability to participate in or benefit from the school’s program. Although not an
exhaustive list, the following are examples of sexual conduct prohibited by this policy:
1. Statements or other conduct indicating that a student’s submission to, or rejection
of, sexual overtures or advances will affect the student’s grades and/or other
academic progress.
2. Unwelcome attention and/or advances of a sexual nature, including verbal
comments, sexual invitations, leering and physical touching.
3. Display of sexually suggestive objects, or use of sexually suggestive or obscene
remarks, invitations, letters, emails, text messages, notes, slurs, jokes, pictures,
cartoons, epithets or gestures.
4. Touching of a sexual nature or telling sexual or dirty jokes.
5. Transmitting or displaying emails or websites of a sexual nature.
6. Using computer systems, including email, instant messaging, text messaging,
blogging or the use of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by this policy.
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE REGULATIONS Page 1 of 5
Sexual Violence: Sexual violence is a form of sexual harassment. For the purposes of this
policy, sexual violence refers to physical acts that are sexual in nature, perpetrated against a
person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or
alcohol.
Complaint Procedure
1. It is the express policy of the Board of Education to encourage victims of sex
discrimination or sexual harassment to promptly report such claims. Preferably,
complaints should be filed within thirty (30) days of the alleged occurrence. Timely
reporting of complaints facilitates the investigation and resolution of such complaints.
2. As soon as a student feels that he or she has been subjected to sex discrimination or
sexual harassment, he/she or his/her parent/legal guardian should make a written
complaint to the building principal, or his/her designee. The student will be provided a
copy of the Board’s policy and regulation and made aware of his or her rights.
3. The complaint should state the:
A. Name of the complainant,
B. Date of the complaint,
C. Date(s) of the alleged harassment/discrimination,
D. Name(s) of the harasser(s) or discriminator(s),
E. Location where such harassment/discrimination occurred,
F. Names of any witness(es) to the harassment/discrimination,
G. Detailed statement of the circumstances constituting the alleged
harassment/discrimination; and
H. Remedy requested.
4. Any student who makes an oral complaint of harassment or sex discrimination to any of
the above-mentioned personnel will be provided a copy of this regulation and will be requested
to make a written complaint pursuant to the above procedure. In appropriate circumstances,
such as due to the age of the student making the complaint, a parent or school administrator
may be permitted to fill out the form on the student’s behalf.
5. If the complainant is a minor student, the person to whom the complaint is given should
consider whether a child abuse report should be completed in accordance with the Board's
policy on the Reports of Suspected Child Abuse or Neglect of Children.
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE REGULATIONS Page 2 of 5
6. All complaints are to be forwarded immediately to the building principal or designee
unless that individual is the subject of the complaint, in which case the complaint should be
forwarded directly to the Superintendent of Schools or his/her designee. In addition, a copy of
any complaint filed under this policy shall be forwarded to the Title IX Coordinator.
7. The Title IX Coordinator or designee shall promptly investigate all complaints of sexual
discrimination or sexual harassment against a student, regardless of whether the conduct
occurred on or off-school grounds. The investigation shall be conducted discreetly, maintaining
confidentiality insofar as possible while still conducting an effective and thorough investigation.
8. Any student who makes a complaint shall be notified of the District’s intent to investigate
the complaint. In the event the student requests confidentiality or that an investigation not be
conducted, the District will take reasonable steps to investigate and respond to the complaint
to the extent possible, given the request for confidentiality or that the District not investigate
the complaint. If the student insists that his/her personally identifiable information not be
shared with the alleged perpetrator, the student will be informed that the District’s ability to
investigate and/or take corrective action may be limited.
9. Upon receipt of a sexual harassment or sex discrimination complaint, the Title IX
Coordinator shall either promptly commence an investigation of the complaint, or shall
designate a school administrator to promptly investigate the complaint. The Title IX
Coordinator or designee shall:
a) offer to meet with the complainant within ten (10) school days to discuss the nature
of the complaint, identify individuals the complainant believes has relevant
information, and obtain any relevant documents the complainant may have;
b) provide the complainant with a copy of the Board’s sexual harassment policy and
accompanying regulations;
c) consider whether any interim measures may be appropriate to protect the alleged
victim, pending the outcome of the investigation;
d) investigate the factual basis of the complaint, including, as applicable, conducting
interviews with individuals deemed relevant to the complaint;
e) consider whether alleged sex discrimination or sexual harassment has created a
hostile school environment, including consideration of the effects of off-campus
conduct on the school;
f) communicate the outcome of the investigation in writing to the complainant, and to
any individual properly identified as a party to the complaint (to the extent permitted
by state and federal confidentiality requirements), within sixty (60) school days from
the date the complaint was received by the Superintendent’s office. The investigator
may extend this deadline for no more than fifteen (15) additional school days if
needed to complete the investigation. The complainant shall be notified of such
extension. The written notice shall include a finding whether the complaint was
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE REGULATIONS Page 3 of 5
substantiated and if so, shall identify, to the extent possible, how the district will
remedy the discrimination or harassment, adhering to the requirements of state and
federal law;
g) when sex discrimination or sexual harassment has been found, take steps that are
reasonably calculated to end the discrimination, take corrective and/or disciplinary
action aimed at preventing the recurrence of the harassment or discrimination, as
deemed appropriate by the Superintendent or his/her designee, and take steps to
remedy the effects of the sex discrimination or sexual harassment;
10. If the student complainant or alleged perpetrator is dissatisfied with the findings of the
investigation, he or she may file a written appeal within thirty (30) calendar days to the Title IX
Coordinator, or, if he/she conducted the investigation, to the Superintendent of Schools, who
shall review the Title IX Coordinator or designee's written report, the information collected by
the Title IX Coordinator or designee together with the recommended disposition of the
complaint to determine whether the alleged conduct constitutes sexual harassment or sex
discrimination. The Title IX Coordinator or Superintendent of Schools may determine if further
action and/or investigation is warranted. After completing this review, the Title IX Coordinator
or Superintendent of Schools shall respond to the complainant, in writing, within fifteen (15)
school days following the receipt of the written request for review.
If a sex discrimination complaint raises a concern about bullying behavior, the Title IX
Coordinator shall notify the Safe School Climate Specialist or designee who shall coordinate any
bullying investigation with the Title IX Coordinator, so as to ensure that any such bullying
investigation complies with the requirements of applicable Board policies.
Retaliation against any individual who complains pursuant to the Board’s policy and regulations
is strictly prohibited. The district will take actions necessary to prevent retaliation as a result of
filing a complaint.
At any time, a complainant alleging sex discrimination or sexual harassment may file a formal
complaint with the Office for Civil Rights, Boston Office, U.S. Department of Education, 8th
Floor, 5 Post Office Square, Boston, MA 02109-3921 (TELEPHONE NUMBER (617) 289-0111).
Copies of this regulation will be distributed to all students.
Title IX Coordinator
The Title IX Coordinator for the Colchester Board of Education is: Director of Pupil Services and
Special Education located at 215 Halls Hill Road, Colchester, CT, 06415 telephone number
860-537-3103.
ADOPTED/ACCEPTED: October 1, 2016/October 13, 2016
238922v17
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE REGULATIONS Page 4 of 5
COMPLAINT FORM REGARDING SEX DISCRIMINATION
AND SEXUAL HARASSMENT (STUDENTS)
Name of the complainant ________________________________________________
Date of the complaint ____________________________________________________
Date of the alleged discrimination/harassment ________________________________
Name or names of the discriminator(s) or harasser(s) __________________________
______________________________________________________________________
Location where such discrimination/harassment occurred________________________
______________________________________________________________________
Name(s) of any witness(es) to the discrimination/harassment
______
Detailed statement of the circumstances constituting the alleged discrimination or
harassment ___________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Remedy requested ______________________________________________________
SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS) ADMINISTRATIVE REGULATIONS Page 5 of 5
5145.6P
STUDENTS
STUDENT GRIEVANCE PROCEDURES
The Superintendent of Schools shall develop regulations for hearing student grievances.
Legal Reference: U.S.O.E. Title IX (Final Title IX Regulation Implementing
EducationAmendments of 1972 Prohibiting Sex Discrimination in
Education, eff. Date 7/21/75 20 U.S.C. @ 1681 et seq.)
Policy adopted: September 10, 2002
Revised: December 8, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
STUDENT GRIEVANCE PROCEDURES Page 1 of 1
5156P
STUDENTS
CONDUCTING RESEARCH IN THE SCHOOLS
The Board recognizes the importance of research and surveys as means of improving the
instructional program for the district's students and also recognizes the need to monitor and
control the amount of time and energy expended by both staff and students on research
projects sponsored by agencies and individuals from outside the district. Therefore, external
agencies or individuals desiring to conduct research studies or surveys involving either students
or staff members during the school day must submit a written prospectus to the
Superintendent or his/her designee, for approval prior to initiation of the study. To be
approved, all such research proposals or surveys must demonstrate that the projected findings
will have value to either the district as a whole or to a unit within the district, and not be unduly
disruptive or time consuming of the normal educational process.
Policy adopted: September 10, 2002
Revised: November 10, 2020
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
CONDUCTING RESEARCH IN SCHOOLS Page 1 of 1