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CHAPTER 168
SCHOOL ATTENDANCE AND EMPLOYMENT OF CHILDREN
Table of Contents
Sec. 10-184. Duties of parents. School attendance age requirements.
Sec. 10-184a. Refusal of certain parents to consent to use of special education programs or services.
Sec. 10-184b. Waiver provisions not applicable to equivalent instruction authority of parents.
Sec. 10-185. Penalty.
Sec. 10-186. Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board.
Sec. 10-187. Appeal from finding of hearing board.
Sec. 10-188. Private schools and instruction.
Secs. 10-189 to 10-192. Leaving certificate. Educationally retarded children, exception. Physical examination. Employer's duty upon receiving leaving certificate.
Sec. 10-193. Certificate of age for minors in certain occupations.
Sec. 10-194. Penalty.
Sec. 10-195. Evidence of age.
Sec. 10-196. Agents.
Sec. 10-197. Penalty for employment of child under fourteen.
Sec. 10-198. False statement as to age.
Sec. 10-198a. Policies and procedures concerning truants.
Sec. 10-199. Attendance officers. Duties.
Sec. 10-200. Habitual truants.
Sec. 10-201. Fees for arresting truants.
Sec. 10-202. Warrant and hearing.
Secs. 10-202a to 10-202d. Dropout prevention pilot program; establishment. Attendance plan. Testing; inventory of skills and interests. Programs and services; assistance; report.
Sec. 10-202e. Policy on dropout prevention.
Sec. 10-202f. Dropout prevention grant program.
All parents and those who have the care of children shall bring them up in some lawful and
honest employment and instruct them or cause them to be instructed in reading, writing,
spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments. Subject to the
provisions of this section and section 10-15c, each parent or other person having control
of a child five years of age and over and under eighteen years of age shall cause such
child to attend a public school regularly during the hours and terms the public school
in the district in which such child resides is in session, unless such child is a high school
graduate or the parent or person having control of such child is able to show that the
child is elsewhere receiving equivalent instruction in the studies taught in the public
schools. The parent or person having control of a child sixteen or seventeen years of
age may consent, as provided in this section, to such child's withdrawal from school.
Such parent or person shall personally appear at the school district office and sign a
withdrawal form. The school district shall provide such parent or person with information on the educational options available in the school system and in the community.
The parent or 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 and 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 or person shall exercise
such option by personally appearing at the school district office and signing an option
form. The school district shall provide the parent or person with information on the
educational opportunities available in the school system.
(1949 Rev., S. 1445; 1959, P.A. 198, S. 1; P.A. 78-218, S. 116; P.A. 86-333, S. 8, 32; P.A. 98-243, S. 16, 25; June Sp.
Sess. P.A. 98-1, S. 114, 121; P.A. 00-157, S. 1, 8.)
History: 1959 act deleted requirement that private instruction be given during hours and terms of public school sessions;
P.A. 78-218 substituted "seven years of age and over" for "over seven"; P.A. 86-333 deleted exception for employed
children over fourteen years of age; P.A. 98-243 changed age requirement for school attendance from age seven to age
five and added provisions relating to parent option to send children to school at a later age, effective July 1, 1998; June
Sp. Sess. P.A. 98-1 made a technical change, effective July 1, 1998; P.A. 00-157 changed the mandatory attendance age
from sixteen to eighteen and added provisions for parental consent for the withdrawal of children sixteen and seventeen
years of age, effective July 1, 2001.
See Sec. 10-185 re penalty for noncompliance with provisions of this section.
Words "those who have the care of children" equivalent to parents or guardians. 59 C. 489. Statute to receive a liberal
construction. 59 C. 492. State can compel school attendance but cannot compel public school attendance for those who
choose to seek, and can find, equivalent elsewhere. 147 C. 374. Cited. 148 C. 238; 149 C. 720. Education made compulsory
because it is so important. 172 C. 615, 647. Cited. 193 C. 93, 99102. Cited. 218 C. 1, 7. Cited. 228 C. 640, 641, 649.
Cited. 238 C. 1.
Cited. 34 CA 567, 572.
Statute widely applied, no denial of equal protection. 29 CS 397. Cited. 36 CS 357, 358.
Sec. 10-184a. Refusal of certain parents to consent to use of special education
programs or services. The provisions of sections 10-76a to 10-76h, inclusive, shall not
be construed to require any local, regional or state board of education to provide special
education programs or services for any child whose parent or guardian has chosen to
educate such child in a home or private school in accordance with the provisions of
section 10-184 and who refuses to consent to such programs or services.
(P.A. 94-245, S. 43, 46.)
History: P.A. 94-245 effective July 1, 1994.
Notwithstanding any provision of the general statutes or public or
special act granting the Commissioner of Education the authority to waive provisions
of the general statutes, the Commissioner of Education shall not limit the authority of
parents or guardians to provide for equivalent instruction pursuant to section 10-184.
(P.A. 94-245, S. 44, 46.)
History: P.A. 94-245 effective July 1, 1994.
Each day's failure on the part of a person to comply with
any provision of section 10-184 shall be a distinct offense, punishable by a fine not
exceeding twenty-five dollars. Said penalty shall not be incurred when it appears that
the child is destitute of clothing suitable for attending school and the parent or person
having control of such child is unable to provide such clothing. All offenses concerning
the same child shall be charged in separate counts in one complaint. When a complaint
contains more than one count, the court may give sentence on one or more counts and
suspend sentence on the remaining counts. If, at the end of twelve weeks from the date
of the sentence, it appears that the child concerned has attended school regularly during
that time, judgment on such remaining counts shall not be executed.
(1949 Rev., S. 1446; P.A. 78-218, S. 117; P.A. 90-240, S. 4, 6; 90-325, S. 19, 32.)
History: P.A. 78-218 deleted provision excluding from penalty parents or those in charge of children whose mental or
physical condition renders instruction inexpedient or impracticable; P.A. 90-240 increased the penalty for failure to comply
with Sec. 10-184 from five dollars a week to twenty-five dollars a day; P.A. 90-325 changed effective date of P.A. 90-240
from July 1, 1990, to July 1, 1991.
Cited. 193 C. 93, 101.
Cited. 36 CS 357, 358.
(a) Each
local or regional board of education shall furnish, by transportation or otherwise, school
accommodations so that each child five years of age and over and under twenty-one
years of age who is not a graduate of a high school or vocational school may attend
public school, except as provided in section 10-233c, and subsection (d) of section 10-
233d. Any board of education which denies school accommodations, including a denial
based on an issue of residency, to any such child shall inform the parent or guardian of
such child or the child, in the case of an emancipated minor or a pupil eighteen years
of age or older, of his right to request a hearing by the board of education in accordance
with the provisions of subdivision (1) of subsection (b) of this section. A board of education which has denied school accommodations shall advise the board of education under
whose jurisdiction it claims such child should be attending school of the denial. For
purposes of this section, (1) a "parent or guardian" shall include a surrogate parent
appointed pursuant to section 10-94g and (2) a child residing in a dwelling located in
more than one town in this state shall be considered a resident of each town in which
the dwelling is located and may attend school in any one of such towns. For purposes
of this subsection, "dwelling" means a single, two or three family house or a condominium unit.
(b) (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 or pupil eighteen years of age 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.
(c) In the event of an appeal pursuant to section 10-187 from a decision of a hearing
board established pursuant to subsection (b) of this section, upon request, the State Board
of Education shall supply for the fee per page specified in section 1-212, a copy of
the transcript of the formal sessions of the hearing board to the parent or guardian or
emancipated minor or a pupil eighteen years of age or older and to the local or regional
board of education.
(d) If a child sixteen 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 such child for up to
ninety school days from the date of such termination.
(1949 Rev., S. 1447; 1955, S. 941d; 1967, P.A. 463, S. 1; P.A. 75-639; P.A. 78-218, S. 118; P.A. 79-292, S. 1, 3; P.A.
80-175, S. 2, 5; P.A. 81-215, S. 2, 3; P.A. 83-119, S. 4, 8; P.A. 85-384, S. 1, 2; P.A. 86-303, S. 1, 4; P.A. 88-317, S. 55,
107; P.A. 92-170, S. 10, 26; 92-262, S. 15, 42; P.A. 93-353, S. 13, 52; P.A. 95-130, S. 1, 2; P.A. 96-26, S. 1, 4; 96-161,
S. 5, 13; 96-244, S. 43, 63; P.A. 97-31, S. 1, 2.)
History: 1967 act required school accommodations for children over five and under twenty-one who have not graduated
from high or vocational school or are not otherwise legally excluded, rather than for those over six and under sixteen; P.A.
75-639 included regional school districts, deleted reference to children "not otherwise legally excluded from school",
required stenographic or taped record of hearings, required provision of transcript to aggrieved parties upon request and
allowed overturn of local or regional board's findings only when determined by state board to be "arbitrary, capricious or
unreasonable"; P.A. 78-218 substituted "local" for "town", "board of education" for "school district" and "five years of
age and over" for "over five"; P.A. 79-292 transferred duties formerly performed by state board and its members to
established hearing board and added Subsecs. (b) and (c) re persons excluded from hearing board and members' reimbursement and re transcript copies for interested parties in event of appeal; P.A. 80-175 allowed emancipated minors or pupils
eighteen or older to take action allowed parents or guardians under section; P.A. 81-215 added exception re provisions of
Sec. 10-233d to requirement that boards of education furnish transportation under Subsec. (a); P.A. 83-119 amended
Subsec. (a) to permit board of education to suspend transportation services, see Sec. 10-233c; P.A. 85-384 amended Subsec.
(a) to require a copy of each notice of appeal to be filed simultaneously with the local or regional board of education and
the state board of education to require that within ten days after receipt of such notice, the local or regional board must
forward the hearing record to the state board, to require verbatim record of all formal hearing sessions, to require hearing
board to render decision within forty-five days of receipt of the notice of appeal unless extension requested and granted,
and to reduce deadline for providing for child deprived of schooling from thirty to fifteen days and to increase penalty
from two dollars and twenty-five cents per child per week to fifty dollars per child per day; P.A. 86-303 restructured
Subsec. (a) and transferred the provisions of Subsec. (b) to Subdiv. (2) of Subsec. (a) and substantially revised the section
to place new obligations on boards of education when school accommodations are denied, to make special provisions when
a denial is based on residency, to specify the burden of proof in a hearing under the section, to describe the powers of the
hearing board, to provide for the assessment of tuition, and to make other procedural and technical changes; P.A. 88-317
amended reference to Secs. 4-177 to 4-180 in Subsec. (b)(1) to include new sections added to Ch. 54, effective July 1,
1989, and applicable to all agency proceedings commencing on or after that date; P.A. 92-170 amended Subdiv. (1) of
Subsec. (b) to add the exception for residency disputes; P.A. 92-262 amended Subsec. (c) to allow the state board to charge
for the copy rather than to provide it at the board's expense; P.A. 93-353 amended Subsec. (a) to apply the provisions of
this section to surrogate parents, effective July 1, 1993; P.A. 95-130 amended Subsec. (a) to add provision relating to
children living in dwellings located in more than one town and to define "dwelling", effective July 1, 1995; P.A. 96-26
added Subsec. (d) allowing denial of school accommodations for up to ninety days to a child sixteen years of age or older
who voluntarily terminated enrollment and seeks readmission, effective July 1, 1996; P.A. 96-161 added provision allowing
the board of education to designate a subcommittee of the board or a local impartial hearing board, effective July 1, 1996;
P.A. 96-244 amended Subsec. (a) to add provision allowing a child determined pursuant to Subdiv. (2) to be attending
school in a town other than his own to remain in the school he is attending until the school year is completed, effective
June 6, 1996; P.A. 97-31 changed provision in Subsec. (a) re residence for dwellings located in more than one town to
provide for residency for purposes of school accommodations in each such town, effective July 1, 1997.
Cited. 99 C. 695; 115 C. 159; see note to chapter 106. This section must be read with section 10-220 and therefore
failure of town to provide transportation which is reasonable and desirable for safety of school children constitutes failure
to furnish school accommodations within this section. 148 C. 238 (one judge dissenting). State board cannot dictate, as
between reasonable alternatives, what local board shall provide, but state board can require reasonable compliance with
general mandate contained in the statutes. Id. A town or local board of education cannot question legality of this section
for as creatures of state they cannot challenge legislation enacted by their creator. Id. Held not improper for officer conducting the hearing to visit locale involved and make an investigation of his own. Id.
Cited. 19 CA 428, 429. Cited. 30 CA 720, 722, 727. Cited. 34 CA 567, 572.
Subsec. (b):
Subdiv. (1) cited. 19 CA 428, 429. Subdiv. (2) cited. Id. Subdiv. (3): Time limit provision is directory, not mandatory.
Id., 428, 430432. Subdiv. (1) cited. 30 CA 720, 722, 727. Subdiv. (2) cited. Id., 720, 722, 727. Cited. 34 CA 567, 569.
Subdiv. (1) cited. Id.
Any parent or guardian or
emancipated minor or a pupil eighteen years of age or older or local or regional board
of education aggrieved by the finding of the hearing board established by the State Board
of Education rendered under the provisions of section 10-186 may appeal therefrom in
accordance with the provisions of section 4-183, except venue for such appeal shall be
in the judicial district within which such board is situated.
(1949 Rev., S. 1448; 1971, P.A. 870, S. 19; P.A. 74-183, S. 188, 291; P.A. 76-436, S. 164, 681; P.A. 77-603, S. 9, 125;
P.A. 78-218, S. 119; 78-280, S. 1, 127; P.A. 79-292, S. 2, 3; P.A. 80-175, S. 3, 5.)
History: 1971 act substituted court of common pleas for superior court; P.A. 74-183 included reference to judicial
districts; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-603 made
appeals subject to provisions of Sec. 4-183 except that venue is in county or judicial district within which town is located;
P.A. 78-218 replaced "town" with "local or regional board of education"; P.A. 78-280 deleted reference to counties; P.A.
79-292 changed section to refer to findings of hearing board rather than state board of education; P.A. 80-175 allowed
appeal to be taken by emancipated minor or pupil eighteen or older.
Cited. 148 C. 238.
Cited. 19 CA 428, 430. Cited. 34 CA 567, 570.
Attendance of children at a school
other than a public school shall not be regarded as compliance with the laws of the state
requiring parents and other persons having control of children to cause them to attend
school, unless the teachers or persons having control of such school file with the Commissioner of Education student attendance reports at such times and in such forms as
the commissioner prescribes, and make such reports and returns concerning the school
under their charge to the Commissioner of Education as are required from boards of
education concerning the public schools, except that no report concerning finances shall
be required. The Commissioner of Education shall furnish to the teachers or persons
having charge of any school such forms as may be necessary for compliance with the
provisions of this section.
(1949 Rev., S. 1449; P.A. 77-614, S. 302, 610; P.A. 88-360, S. 22, 63.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979; P.A. 88-360 substituted the filing of student attendance reports with the commissioner of education for
the keeping of a register of attendance open to the inspection of the commissioner and agents of the state board of education
and provided that the commissioner furnish forms rather than registers and blanks for returns, upon request.
Cited. 147 C. 374; 149 C. 720.
Secs. 10-189 to 10-192. Leaving certificate. Educationally retarded children,
exception. Physical examination. Employer's duty upon receiving leaving certificate. Sections 10-189 to 10-192, inclusive, are repealed.
(1949 Rev., S. 14501453; 1955, S. 942d; P.A. 76-436, S. 472, 681; P.A. 77-614, S. 302, 610; P.A. 78-218, S. 120,
121; P.A. 83-202, S. 1, 2; P.A. 86-333, S. 31, 32.)
(a) The superintendent of schools of any local or regional board of education or an agent designated
by such superintendent shall, upon application and in accordance with procedures established by the State Board of Education, furnish, to any person desiring to employ a
minor under the age of eighteen years (1) in any manufacturing, mechanical or theatrical
industry, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, a certificate showing that such minor is sixteen years of age
or older and (2) in any mercantile establishment, a certificate showing that such minor
is fifteen years of age or older.
(b) The State Board of Education shall establish procedures governing the issuance
of such certificates.
(1949 Rev., S. 1454; 1957, P.A. 101; P.A. 78-218, S. 122; P.A. 85-308, S. 1, 3; P.A. 88-360, S. 51, 63.)
History: P.A. 78-218 substituted "local" for "town", "board of education" for "school district" and appropriate nouns
for personal pronouns; P.A. 85-308 deleted former Subsec. (b) concerning certificates showing age of persons over age
eighteen and under age twenty-one issued to certain prospective employers, relettering former Subsec. (c) accordingly;
P.A. 88-360 in Subsec. (a) added Subdiv. designations, substituted "sixteen years of age or older" for "more than sixteen
years of age" and substituted fifteen for sixteen years of age or older as the age which the certificate must show for a minor
under eighteen who is to be employed in a mercantile establishment.
See Sec. 31-23 re prohibition against employment of minors in certain occupations.
Minor employed in violation of this statute not barred from recovery under workmen's compensation act. 111 C. 229.
Any person, whether acting for himself or herself or as agent
for another, who employs any minor under the age of eighteen years at any occupation
described in subsection (a) of section 10-193 without having obtained a certificate as
provided therein shall be fined not more than one hundred dollars.
(1949 Rev., S. 1455; P.A. 77-614, S. 302, 610; P.A. 78-218, S. 123; P.A. 85-308, S. 2, 3; P.A. 86-333, S. 9, 32.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979; P.A. 78-218 included feminine personal pronoun in reference to persons acting "for himself or herself
or as agent for another"; P.A. 85-308 deleted internal reference to obsolete provision in Sec. 10-193; P.A. 86-333 deleted
fines for failing to have, keep on file, or show upon request a leaving certificate when a child under sixteen years of age
is employed and for employing such a child who does not have such a certificate.
Upon the trial of any person who has wilfully employed or has had in his or her employment or under his or her charge any child in
violation of the provisions of this chapter and of any parent or guardian who has permitted any such child to be so employed, a certificate of the age of such child, made as
provided in section 10-193, shall be conclusive evidence of his or her age.
(1949 Rev., S. 1456; P.A. 78-218, S. 124; P.A. 86-333, S. 10, 32.)
History: P.A. 78-218 amended section to include feminine personal pronouns; P.A. 86-333 deleted reference to Sec.
10-189 repealed elsewhere in that public act.
Section 10-196 is repealed.
(1949 Rev., S. 1457; February, 1965, P.A. 112, S. 1.)
Any person who
employs a child under fourteen years of age during the hours while the school which
such child should attend is in session, and any person who authorizes or permits on
premises under his or her control any such child to be so employed, shall be fined not
more than twenty dollars for each week in which such child is so employed.
(1949 Rev., S. 1458; P.A. 78-218, S. 125.)
History: P.A. 78-218 amended section to include feminine personal pronoun.
Any parent or other person having control
of a child, who makes any false statement concerning the age of such child with intent
to deceive any registrar of vital statistics or the teacher of any school, or instructs a child
to make any such false statement, shall be fined not more than twenty dollars.
(1949 Rev., S. 1459.)
(a) For purposes of
this section, "truant" means a child age five to eighteen, inclusive, who is enrolled in a
public or private school and has four unexcused absences from school in any one month
or ten unexcused absences from school in any school year.
(b) Each local and regional board of education shall adopt and implement policies
and procedures concerning truants who are enrolled in schools under the jurisdiction of
such board of education. Such policies and procedures shall include, but need not be
limited to, the following: (1) The holding of a meeting with the parent of each child
who is a truant, or other person having control of such child, and appropriate school
personnel to review and evaluate the reasons for the child being a truant, provided such
meeting shall be held not later than ten school days after the child's fourth unexcused
absence in a month or tenth unexcused absence in a school year, (2) coordinating services
with and referrals of children to community agencies providing child and family services, (3) annually at the beginning of the school year and upon any enrollment during
the school year, notifying the parent or other person having control of each child enrolled
in a grade from kindergarten to eight, inclusive, in the public schools in writing of the
obligations of the parent or such other person pursuant to section 10-184, (4) annually
at the beginning of the school year and upon any enrollment during the school year,
obtaining from the parent or other person having control of each child in a grade from
kindergarten to eight, inclusive, a telephone number or other means of contacting such
parent or such other person during the school day and (5) a system of monitoring individual unexcused absences of children in grades kindergarten to eight, inclusive, which
shall provide that whenever a child enrolled in school in any such grade fails to report
to school on a regularly scheduled school day and no indication has been received by
school personnel that the child's parent or other person having control of the child is
aware of the pupil's absence, a reasonable effort to notify, by telephone, the parent or
such other person shall be made by school personnel or volunteers under the direction
of school personnel. Any person who, in good faith, gives or fails to give notice pursuant
to subdivision (5) of this subsection shall be immune from any liability, civil or criminal,
which might otherwise be incurred or imposed and shall have the same immunity with
respect to any judicial proceeding which results from such notice or failure to give such
notice.
(c) If the parent or other person having control of a child who is a truant fails to
attend the meeting held pursuant to subdivision (1) of subsection (b) of this section or
if such parent or other person otherwise fails to cooperate with the school in attempting
to solve the truancy problem, such policies and procedures shall require the superintendent of schools to file for each such truant enrolled in the schools under his jurisdiction
a written complaint with the Superior Court pursuant to section 46b-149 alleging the
belief that the acts or omissions of the child are such that his family is a family with
service needs.
(d) Nothing in subsections (a) to (c), inclusive, of this section shall preclude a local
or regional board of education from adopting policies and procedures pursuant to this
section which exceed the requirements of said subsections.
(e) The provisions of this section shall not apply to any child receiving equivalent
instruction pursuant to section 10-184.
(P.A. 90-240, S. 1, 6; 90-325, S. 19, 32; P.A. 91-303, S. 4, 22; P.A. 95-182, S. 5, 11; 95-304, S. 2, 9; P.A. 98-243, S.
17, 25; P.A. 00-157, S. 5, 8.)
History: Effective July 1, 1991, pursuant to P.A. 90-325; P.A. 91-303 limited the provisions of the section to children
enrolled in a grade from kindergarten to grade eight, inclusive, in Subsec. (a) changed the definition of habitual truant, in
Subsec. (b) inserted new Subdiv. (2) requiring coordination of services with and referrals to community agencies providing
child and family services and renumbered the remaining Subdivs., in Subsec. (d) added requirement that the reports be on
a school by school basis and limited the reports to information on habitual truants rather than children with unexcused
absences, and added Subsec. (f) exempting children receiving equivalent instruction from provisions of section; P.A. 95-
182 deleted Subsec. (d) re report on habitual truants and relettered remaining Subsecs., effective June 28, 1995; P.A. 95-
304 deleted definition of "habitual truant" and references and procedures concerning habitual truants, amended Subsec.
(a) to redefine "truant", amended Subsec. (c) to mandate the reporting by the superintendent if the parent or other person
does not attend the meeting or otherwise fails to cooperate, and made technical changes, effective July 1, 1995; P.A. 98-
243 amended Subsec. (a) to lower the age from seven to five, effective July 1, 1998; P.A. 00-157 amended Subsec. (a) to
change "sixteen" to "eighteen", effective July 1, 2001.
Any local or regional board of education may appoint one or more persons, who shall be authorized to prosecute for violations
of the laws relating to attendance of children and their employment. All warrants issued
upon such prosecutions shall be returnable before any court having jurisdiction. Each
attendance officer shall be sworn to the faithful performance of his or her duties and
shall be under the direction of the principal or superintendent of schools of the board
of education by which he or she is employed. He shall investigate the absence of pupils
from or the irregular attendance of pupils at school, cause such pupils as are absent or
irregular in attendance to attend school regularly and present cases requiring prosecution
for violation of the school laws to prosecuting officers.
(1949 Rev., S. 1460; P.A. 78-218, S. 126.)
History: P.A. 78-218 deleted reference to supervising agents and to town boards of education, specified applicability
of section to local and regional boards and included feminine personal pronouns.
See Sec. 10-225 re salaries.
Cited. 193 C. 93, 99, 101, 102.
Cited. 36 CS 357, 358.
Each city and town may adopt ordinances concerning habitual truants from school and children between the ages of five and eighteen
years wandering about its streets or public places, having no lawful occupation and
not attending school, and may make such ordinances respecting such children as shall
conduce to their welfare and to public order, imposing penalties, not exceeding twenty
dollars, for any one breach thereof. The police in any town, city or borough, bailiffs and
constables in their respective precincts shall arrest all such children found anywhere
beyond the proper control of their parents or guardians, during the usual school hours
of the school terms, and may stop any child under eighteen years of age during such
hours and ascertain whether such child is a truant from school, and, if such child is, shall
send such child to school. For purposes of this section, "habitual truant" means a child
age five to eighteen, inclusive, who is enrolled in a public or private school and has
twenty unexcused absences within a school year.
(1949 Rev., S. 1461; 1957, P.A. 13, S. 61; P.A. 78-218, S. 127; P.A. 95-304, S. 3, 9; P.A. 98-243, S. 18, 25; P.A. 00-
99, S. 38, 154; 00-157, S. 6, 8; P.A. 01-195, S. 77, 181.)
History: P.A. 78-218 replaced masculine personal pronouns with "such child"; P.A. 95-304 added new definition of
"habitual truant", formerly defined in Sec. 10-198a, effective July 1, 1995; P.A. 98-243 lowered the age from seven to
five, effective July 1, 1998; P.A. 00-99 deleted reference to sheriffs and deputy sheriffs, effective December 1, 2000; P.A.
00-157 changed the age from "sixteen" to "eighteen" in three places, effective July 1, 2001; P.A. 01-195 made technical
changes, effective July 11, 2001.
Cited. 36 CS 357, 358.
Officers other than policemen of cities
shall receive for making the arrests required by section 10-200 such fees, not exceeding
the fees allowed by law for making other arrests, as may be allowed by the selectmen
of the town in which such arrests are made; but unless a warrant was issued by a judge
of the Superior Court the officer shall, before receiving a fee, present to the selectmen
of the town a written statement showing the name of each child arrested, the day on
which the arrest was made and, if the child was returned to school, the name or number
of the school to which such child was so returned.
(1949 Rev., S. 1462; P.A. 76-436, S. 652, 681; P.A. 78-218, S. 128.)
History: P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 78-218 substituted "a
fee" for "his fees" and replaced masculine personal pronoun with "such child".
Cited. 36 CS 357, 358.
In all cases arising under the provisions of
sections 10-200 and 10-201 a proper warrant shall be issued by a judge of the Superior
Court in the jurisdiction where such arrest is made; and the parent or guardian of such
child, shall be notified, if such parent or guardian can be found, of the day and time of
hearing.
(1949 Rev., S. 1463; P.A. 74-76; P.A. 76-436, S. 653, 681.)
History: P.A. 74-76 substituted "parent" for "father, if living, or if not, the mother"; P.A. 76-436 substituted superior
court for juvenile court, effective July 1, 1978.
Cited. 36 CS 357, 358.
Secs. 10-202a to 10-202d. Dropout prevention pilot program; establishment.
Attendance plan. Testing; inventory of skills and interests. Programs and services;
assistance; report. Sections 10-202a to 10-202d, inclusive, are repealed.
(May Sp. Sess. P.A. 86-1, S. 4952, 58; P.A. 88-136, S. 36, 37.)
The State Board of Education shall
adopt a state policy on dropout prevention. The policy shall include, but not be limited
to, the encouragement of: (1) The local identification of students in grades kindergarten
to twelve, inclusive, who are at risk of dropping out of school; (2) the development,
expansion and coordination of local services to such students; and (3) the coordination
of dropout prevention programs administered by state agencies.
(P.A. 87-423, S. 1, 3.)
(a) Consistent with the policy
adopted pursuant to section 10-202e, the state Department of Education shall establish
a student dropout prevention grant program, in each fiscal year in which funds are appropriated, to assist local and regional school districts with the greatest need in decreasing
the number of students dropping out of school and increasing the state-wide graduation
rate. Local and regional school districts shall use the grants to conduct needs assessments, implement or expand innovative programs, evaluate existing efforts or implement other activities specified in a project plan developed pursuant to subsection (d) of
this section.
(b) The Commissioner of Education shall identify the eligibility criteria for participation in the program annually, on or before January fifteenth, except that in the fiscal
year ending June 30, 1988, the identification shall be made on or before August fifteenth.
Eligibility criteria shall include, but not be limited to, graduation rates and educational need.
(c) The state Department of Education shall identify each local or regional school
district eligible to participate in the program. Such identification shall be done annually,
on or before March fifteenth, except that in the fiscal year ending June 30, 1988, the
identification shall be made on or before September fifteenth. Grant recipients shall be
selected from those school districts so identified. Such identification shall not constitute
a grant entitlement.
(d) School districts which have been identified pursuant to subsection (c) of this
section may annually submit grant proposals to the Commissioner of Education at such
time and in such manner as the commissioner prescribes. Each proposal shall be based
on a three-year project plan, shall include, but not be limited to, project goals, objectives,
evaluation strategies, staff assignments and a budget which shall identify local funding
and other available resources for the three-year period and may include programs or
services which are provided through written agreements with nonprofit organizations
or private employers or programs or services which are provided to children of school
age who are not attending school in order to promote their return to school.
(e) Within the availability of funds, the commissioner shall determine whether to
authorize a grant award to a local or regional board of education upon receipt of a grant
proposal pursuant to subsection (d) of this section and shall determine the amount of
any such grant. Such authorization shall be made on or before September fifteenth of
each fiscal year in which payment is to be made, except that in the fiscal year ending
June 30, 1988, the authorization shall be made on or before November fifteenth. The
amount of the award shall be based upon criteria including, but not limited to, district
enrollment, relative wealth and the proposal submitted pursuant to subsection (d) of this
section. Of the total amount appropriated in each fiscal year for the purposes of this
section, the state Department of Education (1) may set aside not more than five per cent
to provide administrative assistance relating to the implementation of this section and
(2) shall set aside five per cent for competitive grants for local and regional boards of
education not eligible to participate in the program pursuant to subsection (c) of this
section. The time-lines for identifying the eligibility criteria for such competitive grants,
for identifying school districts eligible for such grants, for submitting proposals and for
authorizing grant awards shall conform to the respective timelines described in this
subsection and subsections (b) to (d), inclusive, of this section.
(f) Each local or regional board of education participating in the grant program shall
prepare a financial statement of expenditures and an annual project report. The report
shall describe the project activities and the degree to which the project met its goals and
objectives. Such financial statements and reports shall be submitted to the department
on or before September first of the fiscal year immediately following each fiscal year
in which the school district participates in the grant program. On or before December
thirty-first of the fiscal year following the fiscal year in which payment is received, each
local or regional board of education which receives a grant pursuant to this section shall
file with the commissioner a financial audit in such form as the commissioner prescribes.
If the commissioner finds that any such grant is being used for purposes which are not
in conformity with the purposes of this section, the commissioner may require repayment
of the grant to the state. Not later than February 15, 1990, the State Board of Education
shall report to the committees of the General Assembly having cognizance of matters
relating to education and appropriations and the budgets of state agencies concerning
the operation and effectiveness of the program funded under this section.
(P.A. 87-423, S. 2, 3; P.A. 88-10, S. 1, 2.)
History: P.A. 88-10 provided in Subsec. (d) that proposals may include programs or services which are provided through
written agreements with nonprofit organizations or private employers or are provided to children of school age who are
not attending school to promote their return to school.
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