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CHAPTER 169
SCHOOL HEALTH AND SANITATION
Table of Contents
Sec. 10-203. Compliance with public health statutes and regulations.
Sec. 10-204. Vaccination.
Sec. 10-204a. Required immunizations.
Sec. 10-204b. Rubella immunization.
Sec. 10-204c. Immunity from liability.
Sec. 10-205. Appointment of school medical advisors.
Sec. 10-206. Health assessments.
Sec. 10-206a. Free health assessments.
Sec. 10-206b. Tests for lead levels in Head Start programs.
Sec. 10-207. Duties of medical advisors.
Sec. 10-208. Exemption from examination or treatment.
Sec. 10-208a. Physical activity of student restricted; boards to honor notice.
Sec. 10-209. Records not to be public.
Sec. 10-210. Notice of disease to be given parent or guardian.
Sec. 10-211. Notice to state board.
Sec. 10-212. School nurses and nurse practitioners. Administration of medications by parents or guardians on school grounds.
Sec. 10-212a. Administration of medications in schools and at athletic events. Regulations.
Sec. 10-212b. Policies prohibiting the recommendation of psychotropic drugs by school personnel.
Sec. 10-213. Dental hygienists.
Sec. 10-214. Vision, audiometric and postural screenings: When required; notification of parents re defects; record of results.
Sec. 10-214a. Eye-protective devices.
Sec. 10-214b. Compliance report by local or regional board of education.
Sec. 10-215. Lunches, breakfasts and other feeding programs for public school children and employees.
Sec. 10-215a. Nonpublic school and nonprofit agency participation in feeding programs.
Sec. 10-215b. Duties of State Board of Education re feeding programs.
Sec. 10-215c. Annual report.
Sec. 10-215d. Regulations re nutrition standards for school breakfasts and lunches.
Sec. 10-216. Payment of expenses.
Sec. 10-217. Penalty.
Sec. 10-217a. Health services for children in private nonprofit schools. Payments from the state, towns in which children reside and private nonprofit schools.
Sec. 10-217b. Appropriation.
Sec. 10-217c. Definitions.
Sec. 10-217d. Warning labels.
Sec. 10-217e. Purchase of art or craft materials by local or regional school districts.
Sec. 10-217f. Availability of lists of carcinogenic substances, potential human carcinogens and certain toxic substances.
Sec. 10-217g. Exemptions.
Each local and regional board of education shall maintain the facilities under its jurisdiction in
accordance with the applicable public health statutes and regulations adopted by the
Commissioner of Public Health.
(1949 Rev., S. 1464; 1955, S. 943d; P.A. 77-614, S. 323, 610; P.A. 78-218, S. 129; P.A. 88-136, S. 9, 37; P.A. 93-381,
S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-244, S. 15, 63.)
History: P.A. 77-614 substituted department of health services for state department of health, effective January 1, 1979;
P.A. 78-218 substituted "school district" for "town" in provision describing location of schoolhouses needing sanitary
improvements and specified that local and regional boards may make complaint to health services department, deleting
reference to town boards; P.A. 88-136 deleted reference to schoolhouse privies; P.A. 93-381 replaced department of health
services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 96-244 rewrote the section to remove specific requirements and replace them with the requirement to
comply with applicable public health statutes and regulations, effective July 1, 1996.
See Sec. 19a-37b for regulations establishing acceptable levels of radon in schools.
Section 10-204 is repealed, effective July 1, 1998.
(1949 Rev., S. 1465; 1967, P.A. 288, S. 2; 1972, P.A. 35; P.A. 78-218, S. 130; P.A. 98-252, S. 79, 80; June Sp. Sess.
P.A. 98-1, S. 105, 121.)
(a) Each local or regional board of education, or similar body governing a nonpublic school or schools, shall require each
child to be protected by adequate immunization against diphtheria, pertussis, tetanus,
poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other
vaccine required by the schedule for active immunization adopted pursuant to section
19a-7f before being permitted to enroll in any program operated by a public or nonpublic
school under its jurisdiction. Before being permitted to enter seventh grade, a child shall
receive a second immunization against measles. Any such child who (1) presents a
certificate from a physician 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; or (2) presents a
certificate from a physician stating that in the opinion of such physician, such immunization is medically contraindicated because of the physical condition of such child; or (3)
presents a statement from the parents or guardian of such child that such immunization
would be contrary to the religious beliefs of such child; or (4) in the case of measles,
mumps or rubella, presents a certificate from a physician 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; or (5) in the case of hemophilus influenzae type B has
passed his fifth birthday; or (6) in the case of pertussis, has passed his sixth birthday,
shall be exempt from the appropriate provisions of this section. If the parents or guardians
of any children are unable to pay for such immunizations, the expense of such immunizations shall, on the recommendations of such board of education, be paid by the town.
(b) The definitions of adequate immunization shall reflect the schedule for active
immunization adopted pursuant to section 19a-7f and be established by regulation
adopted in accordance with the provisions of chapter 54 by the Commissioner of Public
Health, who shall also be responsible for providing procedures under which said boards
and said similar governing bodies shall collect and report immunization data on each
child to the Department of Public Health for compilation and analysis by said department.
(1959, P.A. 588, S. 1; 1969, P.A. 42, S. 1; P.A. 73-510, S. 1, 2; P.A. 77-52, S. 1; P.A. 78-165, S. 1, 5; 78-218, S. 131;
P.A. 81-139; P.A. 84-46; P.A. 91-327, S. 3, 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-244, S. 16, 63;
P.A. 98-252, S. 39, 80.)
History: 1969 act allowed board of education to require measles immunization unless child entering school is certified
to have had measles; P.A. 73-510 made measles immunization requirement mandatory by substituting "shall" for "may"
but retained optional aspect re board's requiring polio vaccination and added Subsec. (b) re effective date; P.A. 77-52
included rubella in mandatory immunization provision and deleted Subsec. (b); P.A. 78-165 replaced former provisions
with new requirements for various vaccinations and conditions under which exceptions allowed, applicable to local and
regional boards of education and governing bodies of nonpublic schools; P.A. 78-218 was not enacted because P.A. 78-
165 took precedence; P.A. 81-139 amended Subsec. (a) to require immunization against mumps; P.A. 84-46 amended
Subsec. (a) to delete the exemption from rubella immunizations for any child who has passed his twelfth birthday or who
presents a doctor's certificate stating that immunization is medically contraindicated; P.A. 91-327 added hemophilus
influenzae type B and any other vaccine required by the department of health services to the mandatory immunization
provisions and required a second immunization against measles before seventh grade, effective September 1, 1992; P.A.
93-381 replaced department and commissioner of health services with department and commissioner of public health and
addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-244 made technical
changes in Subsec. (a), effective July 1, 1996; P.A. 98-252 amended Subsec. (a) to add provision for the town to pay for
the cost of immunizations if parents are unable to pay, effective July 1, 1998.
See Sec. 10-204c re immunity from liability for civil damages resulting from adverse reaction to nondefective vaccine.
Section 10-204b is repealed.
(1971, P.A. 296; P.A. 77-52, S. 2.)
No municipality, district health department or local or regional board of education which causes an immunization required
by state law to be administered shall be liable for civil damages resulting from an adverse
reaction to a nondefective vaccine.
(P.A. 79-88.)
Each local or regional
board of education of any town having a population of ten thousand or more shall, and
each local or regional board of education of any town having a population of fewer than
ten thousand may, appoint one or more legally qualified practitioners of medicine as
school medical advisors. The advisor or advisors shall be assigned to the public school
or schools within the limits of the school district. The boards shall provide such medical
advisors with adequate facilities to conduct health examinations of individual pupils
and to discharge such duties as may be prescribed by such board. In towns in which the
board of health or department of health is maintaining such service substantially as
required in connection with the school program of health supervision and other duties
performed by school medical advisors, the board of health or department of health shall
appoint and assign, with the consent of the local or regional board of education, such
advisors. The board of education, with the approval of the director of health and with
the consent of the chief executive officer of the town, may designate such town's director
of health, as provided under section 19a-200, or other town medical officers as the chief
medical advisor for its public schools. Two or more boards of education may unite in
the hiring and appointing of school medical advisors under arrangements for the payment
of the expenses thereof and the performance of duties agreed upon by their boards of
education. Each local or regional board of education shall prescribe the functions and
duties of the school medical advisor in order that the program of health protection and
health supervision, as outlined by such board and pursuant to the general statutes, shall
be carried out.
(1949 Rev., S. 1466; 1972, P.A. 239, S. 1; P.A. 80-440, S. 1, 10.)
History: 1972 act added provisions concerning town director of health serving as chief medical advisor for schools;
P.A. 80-440 substituted local or regional board of education for town and town board references, made designation of
director of health contingent upon board's decision with director's approval and chief executive officer's consent rather
than contingent upon chief executive officer's decision after consultation with board, made health programs not subject
to approval by state board of education and deleted provision concerning consultation between director and town board
re functions and duties of medical advisors.
Cited. 115 C. 160; see note to chapter 106; 152 C. 568.
(a) Each local or regional board of education
shall require each pupil enrolled in the public schools to have health assessments pursuant to the provisions of this section. Such assessments shall be conducted by a legally
qualified practitioner of medicine, an advanced practice registered nurse or registered
nurse, licensed pursuant to chapter 378, a physician assistant, licensed pursuant to chapter 370, or by the school medical advisor to ascertain whether such pupil is suffering
from any physical disability tending to prevent such pupil from receiving the full benefit
of school work and to ascertain whether such school work should be modified in order
to prevent injury to the pupil or to secure for the pupil a suitable program of education.
No health assessment shall be made of any child enrolled in the public schools unless
such examination is made in the presence of the parent or guardian or in the presence
of another school employee. The parent or guardian of such child shall receive prior
written notice and shall have a reasonable opportunity to be present at such assessment
or to provide for such assessment himself or herself. A local or regional board of education may deny continued attendance in public school to any child who fails to obtain
the health assessments required under this section.
(b) Each local or regional board of education shall require each child to have a
health assessment prior to public school enrollment. The assessment shall include: (1)
A physical examination which shall include hematocrit or hemoglobin tests, height,
weight, blood pressure, and, beginning with the 2003-2004 school year, a chronic disease
assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a. The assessment
form shall include (A) a check box for the provider conducting the assessment, as provided in subsection (a) of this section, to indicate an asthma diagnosis, (B) screening
questions relating to appropriate public health concerns to be answered by the parent
or guardian, and (C) screening questions to be answered by such provider; (2) an updating of immunizations as required under section 10-204a, provided a registered nurse may
only update said immunizations pursuant to a written order by a physician or physician
assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse,
licensed pursuant to chapter 378; (3) vision, hearing, speech and gross dental screenings;
and (4) such other information, including health and developmental history, as the physician feels is necessary and appropriate. The assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley's anemia and tests for lead levels in the blood
where the local or regional board of education determines after consultation with the
school medical advisor and the local health department, or in the case of a regional board
of education, each local health department, that such tests are necessary, provided a
registered nurse may only perform said tests pursuant to the written order of a physician
or physician assistant, licensed pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to chapter 378.
(c) Each local or regional board of education shall require each pupil enrolled in
the public schools to have health assessments in either grade six or grade seven and in
either grade ten or grade eleven. The assessment shall include: (1) A physical examination which shall include hematocrit or hemoglobin tests, height, weight, blood pressure,
and, beginning with the 2003-2004 school year, a chronic disease assessment which
shall include, but not be limited to, asthma as defined by the Commissioner of Public
Health pursuant to subsection (c) of section 19a-62a. The assessment form shall include
(A) a check box for the provider conducting the assessment, as provided in subsection
(a) of this section, to indicate an asthma diagnosis, (B) screening questions relating to
appropriate public health concerns to be answered by the parent or guardian, and (C)
screening questions to be answered by such provider; (2) an updating of immunizations
as required under section 10-204a, provided a registered nurse may only update said
immunizations pursuant to a written order of a physician or physician assistant, licensed
pursuant to chapter 370, or an advanced practice registered nurse, licensed pursuant to
chapter 378; (3) vision, hearing, postural and gross dental screenings; and (4) such other
information including a health history as the physician feels is necessary and appropriate.
The assessment shall also include tests for tuberculosis and sickle cell anemia or
Cooley's anemia where the local or regional board of education, in consultation with
the school medical advisor and the local health department, or in the case of a regional
board of education, each local health department, determines that said screening or test
is necessary, provided a registered nurse may only perform said tests pursuant to the
written order of a physician or physician assistant, licensed pursuant to chapter 370, or
an advanced practice registered nurse, licensed pursuant to chapter 378.
(d) The results of each assessment done pursuant to this section and the results of
screenings done pursuant to section 10-214 shall be recorded on forms supplied by the
State Board of Education. Such information shall be included in the cumulative health
record of each pupil and shall be kept on file in the school such pupil attends. If a
pupil permanently leaves the jurisdiction of the board of education, the pupil's original
cumulative health record shall be sent to the chief administrative officer of the school
district to which such student moves. The board of education transmitting such health
record shall retain a true copy. Each physician, advanced practice registered nurse, registered nurse, or physician assistant performing health assessments and screenings pursuant to this section and section 10-214 shall sign each form and any recommendations
concerning the pupil shall be in writing.
(e) Appropriate school health personnel shall review the results of each assessment
and screening as recorded pursuant to subsection (d) of this section. When, in the judgment of such health personnel, a pupil, as defined in section 10-206a, is in need of further
testing or treatment, the superintendent of schools shall give written notice to the parent
or guardian of such pupil and shall make reasonable efforts to assure that such further
testing or treatment is provided. Such reasonable efforts shall include a determination
of whether or not the parent or guardian has obtained the necessary testing or treatment
for the pupil, and, if not, advising the parent or guardian on how such testing or treatment
may be obtained. The results of such further testing or treatment shall be recorded pursuant to subsection (d) of this section, and shall be reviewed by school health personnel
pursuant to this subsection.
(f) On and after February 1, 2004, each local or regional board of education shall
report, on an annual basis, the total number of pupils per school and per school district
having a diagnosis of asthma recorded on such health assessment forms to the local
health department and the Department of Public Health. The report shall contain the
asthma information collected as required under subsections (b) and (c) of this section
and shall include pupil age, gender, race, ethnicity and school. Beginning on October
1, 2004, and every three years thereafter, the Department of Public Health shall review
the asthma screening information reported pursuant to this section and shall submit a
report to the joint standing committees of the General Assembly having cognizance of
matters relating to public health and education concerning asthma trends and distributions among pupils enrolled in the public schools. The report shall be submitted in
accordance with the provisions of section 11-4a and shall include, but not be limited to,
trends and findings based on pupil age, gender, race, ethnicity, school and the education
reference group, as determined by the Department of Education for the town or regional
school district in which such school is located.
(1949 Rev., S. 1467; P.A. 78-218, S. 132; P.A. 80-440, S. 4, 10; P.A. 85-80, S. 1, 2; P.A. 91-327, S. 6, 8; P.A. 94-103,
S. 1; P.A. 98-252, S. 12, 80; June Sp. Sess. P.A. 01-4, S. 41, 58; June Sp. Sess. P.A. 01-9, S. 105, 131.)
History: P.A. 78-218 replaced former provisions concerning examinations of female children with similar provisions
applicable to examination of any child and made technical changes; P.A. 80-440 substituted "health assessment" for "health
examination", deleted requirement for assessments at three-year intervals, required parent's or guardian's presence at
examination, required that prior written notice be given to parent or guardian, deleted provisions concerning health records
and added Subsecs. (b) to (e), re required assessments, recording of results and review; P.A. 85-80 amended Subsec. (a)
to allow a local or regional board to deny continued attendance in public school to any child who fails to obtain the required
health assessments; P.A. 91-327 amended Subsec. (b) to replace tests for lead paint poisoning with tests for lead levels in
the blood; P.A. 94-103 amended Subsecs. (a), (b), (c) and (d), to add provision regarding the duties of registered nurses,
advanced practice registered nurses and physician assistants; P.A. 98-252 amended Subsecs. (b) and (c) to make technical
changes, effective July 1, 1998; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding provision re licensed natureopath
and person licensed to practice chiropractic and making a technical change, amended Subsecs. (b) and (c) by adding
provisions re chronic disease assessment including asthma and re items included in assessment form and added Subsec.
(f) re reporting requirements, effective July 1, 2002; June Sp. Sess. P.A. 01-9 eliminated provision re licensed natureopaths
and persons licensed to practice chiropractic, effective July 1, 2001.
Each local or regional board of education
shall provide for health assessments pursuant to subsection (c) of section 10-206 without
charge to all pupils 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. To meet its obligations pursuant to this section, a board
of education may utilize existing community resources and services.
(P.A. 80-440, S. 6, 10.)
Each director of a
Head Start program shall require each child attending such program to be tested for lead
levels in his blood after consultation with the school medical advisor and the local health
department or in the case of a regional board of education, each local health department,
that such tests are necessary.
(P.A. 91-327, S. 7, 8.)
(a) Each school medical advisor shall
make a prompt examination of all pupils referred to such medical advisor by the school
nurse, teacher, principal or superintendent, and shall interpret to such nurse, teacher,
principal or superintendent, and to the parents of each such pupil, such medical advisor's
findings, with recommendations as to how the pupil should be cared for and what provisions, if any, should be made at the school for the care and welfare of such pupil. Each
such school medical advisor shall also make examinations of teachers, janitors and
others in the employment of the board of education when requested to do so by the
board of education or when, in such medical advisor's opinion, such examinations are
necessary for the protection of health, provided such medical advisor shall accept the
report of an equivalent physical examination by any reputable physician chosen by such
teacher, janitor or other employee in lieu thereof. Such medical advisor shall make
such sanitary inspection of school buildings as, in such medical advisor's opinion, is
necessary for the protection of the health of pupils. The school medical advisor shall take
steps to preserve and improve the health of pupils in accordance with the requirements of
the Public Health Code of this state established by the Commissioner of Public Health
under the provisions of section 19a-36 or the sanitary regulations in force in such town
or district in excluding and readmitting pupils or teachers or other school employees
suspected of being ill, or ill, with any communicable disease. In cooperation with the
director of health, the school medical advisor shall interpret to teachers and nurses factors
dealing with communicable disease control.
(b) With the approval of the local or regional board of education, the school medical
advisor may establish a diagnostic and treatment program for health and dental services
to pupils, provided no costs incurred for such health service shall be charged to the local
or regional board of education without approval of such board.
(1949 Rev., S. 1468; 1955, S. 944d; P.A. 77-296; P.A. 78-218, S. 133; 78-303, S. 56, 136; P.A. 93-381, S. 9, 39; P.A.
95-257, S. 12, 21, 58.)
History: P.A. 77-296 added Subsec. (b) re establishment of diagnostic and treatment programs; P.A. 78-218 replaced
personal pronouns with references to "such medical advisor"; P.A. 78-303 substituted commissioner of health services for
public health council; P.A. 93-381 replaced commissioner of health services with commissioner of public health and
addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
No provision of section 10-206 or 10-214 shall be construed to require any pupil to undergo a physical or
medical examination or treatment, or to be compelled to receive medical instruction, if
the parent or legal guardian of such pupil or the pupil, if such pupil is an emancipated
minor or is eighteen years of age or older, in writing, notifies the teacher or principal
or other person in charge of such pupil that such parent or guardian or pupil objects, on
religious grounds, to such physical or medical examination or treatment or medical
instruction.
(1949 Rev., S. 1469; P.A. 78-218, S. 134; P.A. 80-175, S. 4, 5; 80-440, S. 5, 10.)
History: P.A. 78-218 substituted "such parent or guardian" for "he"; P.A. 80-175 gave emancipated minors and pupils
eighteen or older same rights as parents or guardians under provisions of section; P.A. 80-440 substituted "section 10-206
or 10-214" for "sections 10-205 to 10-207, inclusive".
Each local and regional board of education shall honor written notice submitted by a
licensed practitioner of the healing arts, as defined in section 20-1, which places physical
restrictions upon any pupil enrolled in the public schools of such board of education.
For purposes of this section, licensed practitioner means any person who is licensed to
practice under chapter 370, 372, 373 or 375.
(P.A. 84-177, S. 1, 2; P.A. 99-102, S. 12.)
History: P.A. 99-102 deleted obsolete reference to chapter 371.
No record of any medical examination
made or filed under the provisions of sections 10-205, 10-206, 10-207 and 10-214, or
of any psychological examination made under the supervision or at the request of a
board of education, shall be open to public inspection.
(1949 Rev., S. 1470; 1963, P.A. 545; P.A. 80-440, S. 8, 10.)
History: 1963 act added psychological examinations; P.A. 80-440 substituted "sections 10-205, 10-206, 10-207 and
10-214" for "sections 10-205 to 10-207, inclusive".
Subject to the
provisions of section 19a-216 notice of any disease or defect from which any child is
found by such school medical advisor to be suffering shall be given to the parent or
guardian of such child, with such advice or order relating thereto as such medical advisor
deems advisable, and such parent or guardian shall cause such child to be treated by a
reputable physician for such disease or defects. When any child shows symptoms of
any communicable disease, notice shall also be given to the director of health or board
of health and such child shall be excluded from attendance at such school and not permitted to return without a permit from the town, city or borough director of health.
(1949 Rev., S. 1471; P.A. 78-218, S. 135.)
History: P.A. 78-218 made notice provision subject to Sec. 19-89a.
Cited. 41 CS 31, 39.
Section 10-211 is repealed.
(1949 Rev., S. 1472; 1963, P.A. 300.)
(a) Each local or regional board of
education shall appoint one or more school nurses or nurse practitioners. Such school
nurses and nurse practitioners appointed by such boards shall be qualified pursuant to
regulations adopted in accordance with the provisions of chapter 54 by the State Board
of Education with the technical advice and assistance of the Department of Public Health.
Such school nurses may also act as visiting nurses in the town, may visit the homes of
pupils in the public schools and shall assist in executing the orders of the school medical
advisor, if there is any in such town, and perform such other duties as are required by
such board.
(b) Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies, nothing in this section shall be construed to prohibit the administering of medications by parents or guardians to their own children on school grounds.
(1949 Rev., S. 1473; P.A. 78-218, S. 136; P.A. 80-440, S. 2, 10; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June
Sp. Sess. P.A. 01-4, S. 11, 58.)
History: P.A. 78-218 specified applicability of section to local and regional boards of education; P.A. 80-440 made
appointment of school nurses mandatory rather than optional and required them to be "qualified pursuant to regulations
adopted in accordance with chapter 54" by state board of education with advice of health services department; P.A. 93-
381 replaced department of health services with department of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 01-4 designated existing provisions as Subsec.
(a) and added Subsec. (b) re administration of medications by parents or guardians on school grounds, effective July 1, 2001.
Cited. 152 C. 568.
Sec. 10-212a. Administration of medications in schools and at athletic events.
Regulations. (a) A school nurse or, in the absence of such nurse, any other nurse licensed
pursuant to the provisions of chapter 378, including a nurse employed by, or providing
services under the direction of a local or regional board of education at, a school-based
health clinic, who shall administer medical preparations only to students enrolled in
such school-based health clinic in the absence of a school nurse, the principal, any
teacher or coach of intramural and interscholastic athletics of a school may administer
medicinal preparations, including such controlled drugs as the Commissioner of Public
Health may, by regulation, designate, to any student at such school pursuant to the
written order of a physician licensed to practice medicine or a dentist licensed to practice
dental medicine in this or another state, or an advanced practice registered nurse licensed
to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or
guardian of such child. The administration of medicinal preparations by a nurse licensed
pursuant to the provisions of chapter 378, a principal, teacher or coach shall be under
the general supervision of a school nurse. No such school nurse or other nurse, principal,
teacher or coach shall be liable to such student or a parent or guardian of such student
for civil damages for any personal injuries which result from acts or omissions of such
school nurse or other nurse, principal, teacher or coach in administering such preparations which may constitute ordinary negligence. This immunity shall not apply to acts
or omissions constituting gross, wilful or wanton negligence.
(b) Each school wherein any controlled drug is administered under the provisions
of this section shall keep such records thereof as are required of hospitals under the
provisions of subsections (f) and (h) of section 21a-254 and shall store such drug in
such manner as the Commissioner of Public Health shall, by regulation, require.
(c) The Commissioner of Public Health may adopt regulations, in accordance with
the provisions of chapter 54, that specify conditions under which a coach of intramural
and interscholastic athletics may administer medicinal preparations, including controlled drugs specified in the regulations adopted by the commissioner, to a child participating in such intramural and interscholastic athletics. The regulations shall require
authorization pursuant to: (1) The written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, an advanced
practice registered nurse licensed under chapter 378, a physician assistant licensed under
chapter 370, a podiatrist licensed under chapter 375 or an optometrist licensed under
chapter 380; and (2) the written authorization of a parent or guardian of such child.
(1969, P.A. 723, S. 1; P.A. 74-86; P.A. 77-101, S. 3; P.A. 78-99, S. 1, 3; 78-303, S. 57, 136; P.A. 79-560, S. 4, 39; 79-
631, S. 38, 111; P.A. 84-498, S. 4, 5; P.A. 88-360, S. 47, 63; P.A. 90-85, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 94-103, S. 2;
94-213, S. 1; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 99-2, S. 37.)
History: P.A. 74-86 substituted "in the absence of such nurse" for "in her absence" in Subsec. (a); P.A. 77-101 included
reference to Subsec. (h) of Sec. 19-461 in Subsec. (b); P.A. 78-99 substituted commissioner of health services for public
health council in Subsec. (a) and allowed nurses to administer drugs on prescription of physicians licensed in states other
than Connecticut; P.A. 78-303 substituted commissioner of health services for public health council in Subsec. (b); P.A.
79-560 and P.A. 79-631 included reference to Subsec. (h) of Sec. 19-461 in Subsec. (b); P.A. 84-498 permitted licensed
practical nurses to administer medicinal preparations in a school and required all such preparations to be administered
under the general supervision of a school nurse and added reference to dentist's prescriptions; P.A. 88-360 in Subsec. (a)
provided for the administration of aspirin, ibuprofen or an aspirin substitute containing acetaminophen; P.A. 90-85 amended
Subsec. (a) to delete language allowing a nurse, principal or teacher to administer aspirin, ibuprofen or an aspirin substitute
containing acetaminophen to a student pursuant to a written commissioner of health services with commissioner of public
health and addiction services, effective July 1, 1993; P.A. 94-103 amended Subsec. (a) to add provision regarding nurses
in school-based health clinics; P.A. 94-213 amended Subsec. (a) to add reference to prescriptions by advanced practice
registered nurses and physician assistants; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 99-
2 amended Subsec. (a) by adding coaches to list of who may administer drugs and added Subsec. (c) re regulation on
administration of drugs by coaches.
Sec. 10-212b. Policies prohibiting the recommendation of psychotropic drugs
by school personnel. Each local and regional board of education shall adopt and implement policies prohibiting any school personnel from recommending the use of psychotropic drugs for any child. The provisions of this section shall not prohibit school
medical staff from recommending that a child be evaluated by an appropriate medical
practitioner, or prohibit school personnel from consulting with such practitioner with
the consent of the parents or guardian of such child.
(P.A. 01-124, S. 1.)
A local or regional board of education may appoint
and prescribe the functions and duties of one or more licensed dental hygienists.
(1949 Rev., S. 1474; P.A. 78-218, S. 137; P.A. 80-440, S. 3, 10.)
History: P.A. 78-218 specified applicability to local and regional boards of education and referred to schools of local
or regional board rather than schools "in such town"; P.A. 80-440 replaced previous provisions with simple statement that
school board may appoint dental hygienists and prescribe their functions and duties.
Cited. 152 C. 568.
(a) Each local or regional board of
education shall provide annually to each pupil in kindergarten, grades one to six, inclusive, and grade nine, a vision screening, using a Snellen chart, or equivalent screening.
The superintendent of schools shall give written notice to the parent or guardian of each
pupil who is found to have any defect of vision or disease of the eyes, with a brief
statement describing such defect or disease.
(b) Each local or regional board of education shall provide annually audiometric
screening for hearing to each pupil in kindergarten to grade three, inclusive, grade five
and grade eight. The superintendent of schools shall give written notice to the parent
or guardian of each pupil found to have any impairment or defect of hearing, with a
brief statement describing such impairment or defect.
(c) Each local or regional board of education shall provide annual postural screenings for each pupil in grades five to nine. The superintendent of schools shall give written
notice to the parent or guardian of each pupil who evidences any postural problem, with
a brief statement describing such evidence.
(d) Test results or treatment provided as a result of the screenings pursuant to this
section shall be recorded on forms pursuant to subsection (a) of section 10-206.
(e) The State Board of Education, with the technical advice and assistance of the
Department of Public Health, shall adopt regulations in accordance with the provisions
of chapter 54 for screenings pursuant to this section.
(1949 Rev., S. 1475; P.A. 77-125; P.A. 78-218, S. 138; P.A. 80-440, S. 7, 10; P.A. 81-472, S. 11, 159; P.A. 93-381,
S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-229.)
History: P.A. 77-125 included testing for farsightedness in eyesight tests of students; P.A. 78-218 substituted "such
optometrist" for "he" and deleted phrase "under his charge" in provision re testing by superintendent, principal or teacher
when no examination has been made under Sec. 10-206; P.A. 80-440 replaced former provisions with requirements for
visual, audiometric and postural screenings, records of results and treatment and regulations governing screenings; P.A.
81-472 made technical changes; P.A. 93-381 replaced department of health services with department of public health and
addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-229 amended
Subsec. (c) to substitute annual screenings in grades five through nine for screening in grade five and again in grade eight.
See Sec. 20-136 re vision examinations performed by optometrists.
Cited. 152 C. 568.
The State Board of Education shall make
regulations concerning the use of appliances and devices for eye protection in the laboratories and workshops of all public and private elementary and secondary schools, including regional vocational technical schools. Such regulations shall prescribe the kind and
construction of such appliances and devices and the times during which they shall be
used. The board, or equivalent supervisory body, which is responsible for the administration of any such school shall be responsible for compliance with said regulations.
(1967, P.A. 572, S. 1.)
Section 10-214b is repealed, effective June 3, 1996.
(P.A. 80-440, S. 9, 10; P.A. 88-136, S. 10, 37; 88-364, S. 16, 123; P.A. 96-161, S. 12, 13.)
Sec. 10-215. Lunches, breakfasts and other feeding programs for public
school children and employees. Any local or regional board of education may establish
and operate a school lunch program for public school children, may operate lunch services for its employees, may establish and operate a school breakfast program, as provided under federal laws governing said programs, or may establish and operate such
other child feeding programs as it deems necessary. Charges for such lunches, breakfasts
or other such feeding may be fixed by such boards and shall not exceed the cost of
food, wages and other expenses directly incurred in providing such services. When such
services are offered, a board shall provide free lunches, breakfasts or other such feeding
to children whose economic needs require such action under the standards promulgated
by said federal laws. Such board is authorized to purchase equipment and supplies that
are necessary, to employ the necessary personnel, to utilize the services of volunteers
and to receive and expend any funds and receive and use any equipment and supplies
which may become available to carry out the provisions of this section. Any town board
of education may vote to designate any volunteer organization within the town to provide
a school lunch program, school breakfast program or other child feeding program in
accordance with the provisions of this section.
(1949 Rev., S. 1476; 1953, S. 945d; 1971, P.A. 702, S. 1; P.A. 78-218, S. 139; P.A. 81-208, S. 1; 81-472, S. 123, 159.)
History: 1971 act revised section to include references to National School Lunch Act and breakfast programs as provided
in Federal Child Nutrition Act and required that if school district elects to offer lunch and/or breakfast programs it must
provide free meals to children "whose economic needs require such action"; P.A. 78-218 substituted "Any local or regional
board of education" for "The board of education of any school district"; P.A. 81-208 replaced specific references to National
School Lunch Act and Federal Child Nutrition Act with general reference to applicable federal laws; P.A. 81-472 made
technical changes.
See Sec. 10-237 re use of school activity fund for school lunch program and re accounts of school lunch program.
Cited. 152 C. 568.
Sec. 10-215a. Nonpublic school and nonprofit agency participation in feeding
programs. Nonpublic schools and nonprofit agencies may participate in the school
breakfast, lunch and other feeding programs provided in sections 10-215 to 10-215b
under such regulations as may be promulgated by the State Board of Education in conformance with said sections and under the federal laws governing said programs.
(1971, P.A. 702, S. 2; P.A. 81-208, S. 2; P.A. 92-170, S. 14, 26.)
History: P.A. 81-208 allowed nonprofit agencies to participate in school breakfast, lunch and other feeding programs;
P.A. 92-170 made a technical change.
(a) The
State Board of Education is authorized to expend in each fiscal year an amount equal
to the money required pursuant to the matching requirements of said federal laws and
shall disburse the same in accordance with said laws.
(b) The State Board of Education shall prescribe the manner and time of application
by local and regional boards of education or controlling authority of the nonpublic
schools for such funds, provided such application shall include the certification that any
funds received pursuant to subsection (a) of this section shall be used for the program
approved. The State Board of Education shall determine the eligibility of the applicant
to receive such grants pursuant to regulations provided in subsection (c) of this section
and shall certify to the Comptroller the amount of the grant for which the board of
education or nonpublic school is eligible. Upon receipt of such certification, the Comptroller shall draw an order on the Treasurer in the amount, at the time and to the payee
so certified.
(c) The State Board of Education may adopt such regulations as may be necessary
in implementing sections 10-215 to 10-215b, inclusive.
(1971, P.A. 702, S. 3—5; P.A. 78-218, S. 140; P.A. 81-208, S. 3; P.A. 92-170, S. 15, 26.)
History: P.A. 78-218 specified applicability of Subsec. (b) to local and regional boards of education, deleting references
to school boards and school districts, and made technical correction; P.A. 81-208 deleted provisions detailing subject
matter of regulations in Subsec. (c); P.A. 92-170 made a technical change in Subsec. (c).
Section 10-215c is repealed.
(1971, P.A. 702, S. 6; P.A. 73-310; P.A. 78-218, S. 141; P.A. 82-314, S. 54, 63; P.A. 92-170, S. 25, 26.)
Sec. 10-215d. Regulations re nutrition standards for school breakfasts and
lunches. Not later than July 1, 1991, the State Board of Education, in consultation
with the Department of Public Health, the School Food Service Association and the
Connecticut Dietetic Association, shall, pursuant to the provisions of chapter 54, adopt
regulations concerning nutrition standards for breakfasts and lunches provided to students by local and regional boards of education.
(P.A. 90-27, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995.
The expenses incurred under the provisions
of this chapter, except the expenses of school lunch programs, shall be paid in the same
manner as are the ordinary expenses for the support of schools in the several towns and
school districts.
(1949 Rev., S. 1477; 1953, S. 946d.)
Any person who is responsible for the violation of any provision of this chapter shall be fined not more than five hundred dollars or imprisoned not
more than six months or both.
(1949 Rev., S. 1464; 1955, S. 943d.)
(a) Each town or regional school district which provides health services for children
attending its public schools in any grade, from kindergarten to twelve, inclusive, shall
provide the same health services for children in such grades attending private nonprofit
schools therein, when a majority of the children attending such schools are residents of
the state of Connecticut. Any such town or district may also provide such services for
children in prekindergarten programs in such private nonprofit schools when a majority
of the children attending such schools are residents of the state of Connecticut. Such
determination shall be based on the percentage of resident pupils enrolled in such school
on October first, or the full school day immediately preceding such date, during the
school year next prior to that in which the health services are to be provided. The provisions of this section shall not be construed to require a town or district to provide such
services to any child who is not a resident of this state. Such health services shall include
the services of a school physician, school nurse and dental hygienist, provided such
health services shall not include special education services which, if provided to public
school students, would be eligible for reimbursement pursuant to section 10-76g. For
purposes of this section, a resident is a person with continuous and permanent physical
presence within the state, except that temporary absences for short periods of time shall
not affect the establishment of residency.
(b) Any town or regional school district providing such services for children attending such private schools shall be reimbursed by the state for a percentage of the
amount paid from local tax revenues for such services as follows:
(1) The percentage of the amount paid from local tax revenues for such services
reimbursed to a local board of education shall be determined by (A) ranking each town
in the state in descending order from one to one hundred sixty-nine according to such
town's adjusted equalized net grand list per capita, as defined in section 10-261; (B)
based upon such ranking, (i) for reimbursement paid in the fiscal year ending June 30,
1990, a percentage of not less than forty-five nor more than ninety shall be determined
for each town on a continuous scale, except that for any town in which the number of
children under the temporary family assistance program, as defined in subdivision (17)
of section 10-262f, is greater than one per cent of the total population of the town, as
defined in subdivision (7) of subsection (a) of section 10-261, the percentage shall be
not less than eighty, (ii) for reimbursement paid in the fiscal years ending June 30, 1991,
to June 30, 2001, inclusive, a percentage of not less than ten nor more than ninety shall
be determined for each town on a continuous scale, except that for any town in which
the number of children under the temporary family assistance program, as defined in said
subdivision (17) of section 10-262f, is greater than one per cent of the total population of
the town, as defined in subdivision (7) of subsection (a) of section 10-261, and for any
town which has a wealth rank greater than thirty when towns are ranked pursuant to
subparagraph (A) of this subdivision and which provides such services to greater than
one thousand five hundred children who are not residents of the town, the percentage
shall be not less than eighty, and (iii) for reimbursement paid in the fiscal years ending
June 30, 2002, and June 30, 2003, a percentage of not less than ten nor more than ninety
shall be determined for each town on a continuous scale, except that for any town in
which the number of children under the temporary family assistance program, as defined
in said subdivision (17) of section 10-262f, for the fiscal year ending June 30, 1997,
was greater than one per cent of the total population of the town, as defined in subdivision
(7) of subsection (a) of section 10-261 for the fiscal year ending June 30, 1997, and for
any town which has a wealth rank greater than thirty when towns are ranked pursuant
to subparagraph (A) of this subdivision and which provides such services to greater than
one thousand five hundred children who are not residents of the town, the percentage
shall be not less than eighty.
(2) The percentage of the amount paid from local tax revenues for such services
reimbursed to a regional board of education shall be determined by its ranking. Such
ranking shall be determined by (A) multiplying the total population, as defined in section
10-261, of each town in the district by such town's ranking, as determined in subdivision
(1) of this subsection, (B) adding together the figures determined under subparagraph
(A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of
this subdivision by the total population of all towns in the district. The ranking of each
regional board of education shall be rounded to the next higher whole number and each
such board shall receive the same reimbursement percentage as would a town with the
same rank.
(c) Any town or regional school district which provides such services shall file an
application for such reimbursement not later than the September fifteenth following the
fiscal year in which the services were provided on a form to be provided by the State
Board of Education. Payment shall be made not later than the following January fifteenth.
(d) (1) Upon written notification from the town or regional school district providing
such services, the town of which children attending such private schools are residents
shall pay to the town or regional school district which provided such services during
the fiscal year ending June 30, 1989, a proportionate share of the average unreimbursed
cost per child for providing such services. Such proportionate share shall be equal to
(A) the difference between the amount paid by a town or regional school district for
providing such services for children attending such private schools and the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, divided by (B) the total number
of children attending such private schools in the town or regional school district and
multiplied by (C) the number of children who are residents of the town and who attend
such private schools in the town or regional school district providing such services.
(2) Payment to a town or regional school district pursuant to the provisions of this
subsection shall not make a town making such a payment eligible for reimbursement
under the provisions of subsection (b) of this section.
(3) Upon written notification from the town or regional school district providing
such services, any such private school shall pay to the town or regional school district
which provided such services during the fiscal year ending June 30, 1989, the difference
between the amount paid by the town or regional school district for providing such
services for children attending such private school and the sum of (A) the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, (B) payments received by or due to
such town or regional school district pursuant to subdivision (1) of this subsection for
providing such services and (C) the proportionate share of the average unreimbursed
cost per child for providing such services to children who are residents of the town
providing such services and who attend such private school, such share which shall be
equal to (i) the difference between the amount paid by the town or regional school district
for providing such services for children attending such private school and the state grant
received by or due to such town or regional school district pursuant to subsections (b)
and (c) of this section for providing such services, divided by (ii) the total number of
children attending such private school and multiplied by (iii) the number of children
who are residents of the town providing such services and who attend such private
school.
(e) Notwithstanding the provisions of subsection (a) of this section to the contrary,
any town (1) in which more than four hundred children who are not residents of the
state attend private nonprofit schools which are in the town and in which a majority
of the children attending such schools are residents of the state and (2) for which the
percentage of the amount paid from local tax revenues reimbursed to the local board of
education pursuant to subsection (b) of this section is less than fifteen per cent may, at
its discretion, provide such services to children in such private nonprofit schools who
are not residents of the state.
(f) The pay of certificated personnel shall be subject to the rules and regulations
providing for deduction for the state Teacher's Retirement Fund by the board of education of such town applicable to certificated teaching personnel in the public schools of
such town. This subsection shall be retroactive to July 1, 1968.
(g) A town or regional school district may provide, at its own expense, the services
of a school psychologist, speech remedial services, school social worker's services and
special language teachers for non-English-speaking students to children attending private nonprofit schools in such town or district.
(1967, P.A. 481, S. 1, 2; 1969, P.A. 568, S. 1; 1972, P.A. 296, S. 1; P.A. 83-422, S. 1, 2; P.A. 84-255, S. 10, 21; P.A.
85-249, S. 1, 3; P.A. 88-360, S. 23, 63; P.A. 89-355, S. 6, 20; P.A. 90-225, S. 3, 10; 90-325, S. 28, 32; 91-303, S. 15, 22;
June Sp. Sess. P.A. 91-7, S. 8, 22; June 18 Sp. Sess. P.A. 97-2, S. 12, 165; June Sp. Sess. P.A. 01-1, S. 9, 54.)
History: 1969 act added Subsec. (c) re deductions from pay of certificated personnel; 1972 act amended Subsec. (a) to
require health and welfare services in private schools when majority of students from Connecticut rather than from the
municipality in which private school located; P.A. 83-422 amended Subsec. (a) to provide for method of determining when
a majority of children attending private schools are from the state, and to add language concerning provision of clerical,
supervisory and administrative services necessary to offer health and welfare services; P.A. 84-255 amended Subsecs. (a)
and (b) adding reference to regional school districts; P.A. 85-249 amended section to permit towns to provide health and
welfare services to children in prekindergarten programs in private nonprofit schools, to clarify that such services do not
include special education services and to add a definition of residency; P.A. 88-360 added Subsec. (d) re reimbursement
for health and welfare services for children attending incorporated or endowed high schools or academies; P.A. 89-355 in
Subsec. (a) made the determination of the number of resident children based on the number enrolled on October first rather
than the average of those enrolled on October first and May first and made a technical change, in Subsec. (b) provided that
reimbursement from the state be a percentage of the amount paid from local tax revenues rather than the full amount paid
from such revenues, added new Subsec. (c) designation, added new Subsec. (d) re reimbursement from sending school
districts and private schools, relettered Subsec. (c) as Subsec. (e) and deleted obsolete former Subsec. (d) re reimbursement
for providing health and welfare services to children attending incorporated or endowed high schools or academies; P.A.
90-225 in Subdiv. (1) of Subsec. (b) limited the forty-five to ninety per cent reimbursement scale to reimbursement paid
in the fiscal year ending June 30, 1990, provided that for fiscal years thereafter the scale be ten to ninety per cent with a
minimum of eighty per cent for certain towns and made a technical change, in Subsec. (c) specified that applications be
filed not later than September fifteenth and that payment be made not later than the following January fifteenth, in Subsec.
(d) limited the payments to towns by other towns and private schools to payments for services during the fiscal year ending
June 30, 1989, and inserted a new Subdiv. (2) designation making previous Subdiv. (2) Subdiv. (3) and in Subsec. (e)
made a technical change; P.A. 90-325 added new Subsec. (e) re certain towns' discretionary powers to provide health and
welfare services to nonresident children enrolled in private schools and relettered Subsec. (e) as (f); P.A. 91-303 in Subsec.
(a) added language specifying that towns need not provide services to children who are not residents of this state; June Sp.
Sess. 91-7 removed the requirement to provide welfare services, including the services of a school psychologist, speech
remedial services, school social worker's services, special language teachers for non-English-speaking students, and such
clerical supervisory and administrative services necessary to the provision of health and welfare services, and added Subsec.
(g) re towns' discretionary power to provide certain services at their own expense; June 18 Sp. Sess. P.A. 97-2 amended
Subsec. (b) to replace references to aid to families with dependent children with temporary family assistance and made
technical changes, effective July 1, 1997; June Sp. Sess. P.A. 01-1 amended Subsec. (b)(1) to limit Subpara. (B)(ii) to the
fiscal years ending June 30, 1991, to June 30, 2001, inclusive, and to add Subpara. (B)(iii) re the fiscal years ending June
30, 2002, and June 30, 2003, effective July 1, 2001.
Section 10-217b is repealed.
(1972, P.A. 296, S. 2; P.A. 78-218, S. 211.)
As used in sections 10-217d to 10-217g, inclusive:
(1) "Art or craft material" means any raw or processed material or manufactured
product marketed or represented by the manufacturer as suitable for use in any phase
of the creation of any work of visual or graphic art of any medium which (A) contains
a carcinogenic substance, as defined in section 19a-329, or is a potential human carcinogen, as defined in this section, or contains a toxic substance which has been identified
as an air contaminant under the Occupational Safety and Health Standards, Code of
Federal Regulations, Title 29, Chapter XVII, Subpart Z, Section 1910.1000, (B) is in a
form that would expose users to the carcinogen, potential human carcinogen or toxic
substance through ingestion, inhalation or absorption and (C) is used in a public primary
or secondary school;
(2) "Medium" includes, but is not limited to, paintings, drawings, prints, sculpture,
ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather
and textile goods;
(3) "Package insert" means a display or written, printed or graphic matter upon a
leaflet or suitable material accompanying the art or craft material; and
(4) "Potential human carcinogen" means any substance which does not meet the
definition of human carcinogen, but for which there exists sufficient evidence of carcinogenity in animals, as determined by the International Agency for Research on Cancer
or the National Toxicology Program of the United States Department of Health and
Human Services.
(P.A. 88-308, S. 1.)
(a) On and after June 1, 1989, no person shall
distribute, sell, offer for sale, or expose for sale for use in a public primary or secondary
school any art or craft material unless such material bears a conspicuous label that says
"WARNING" and includes, but is not limited to, the following information: (1) The
name of each toxic substance, carcinogen or potential carcinogen contained in the material, including generic or chemical name, (2) the chronic and acute effects of exposure
to such toxic substance, carcinogen or potential carcinogen and the symptoms of effect
of such exposure, to the extent such information is available from the Consumer Product
Safety Commission, the United States Occupational Health and Safety Administration,
the International Agency for Research on Cancer or the National Toxicology Program
of the United States Department of Health and Human Services and (3) a statement of
safe use and storage for such art or craft material.
(b) The label shall be placed on the outside container or on a package insert which
is easily legible.
(c) An art or craft material shall be deemed to comply with the requirements of this
section if the art or craft material complies with labeling standard D4236 of the American
Society for Testing and Materials, as revised, unless the Commissioner of Consumer
Protection determines that the label on the art or craft material does not properly warn
of the dangers inherent in the use of the art or craft material.
(P.A. 88-308, S. 2.)
Sec. 10-217e. Purchase of art or craft materials by local or regional school
districts. On and after June 1, 1989, no art or craft material may be ordered or purchased
by any local or regional school district for use by students in kindergarten through
grade twelve, inclusive, unless such art or craft material bears a label that meets the
requirements of section 10-217d. Any art or craft material ordered or purchased before
said date, which does not bear the label required under section 10-217d, may be used
by students in kindergarten through grade twelve, inclusive.
(P.A. 88-308, S. 3.)
Sec. 10-217f. Availability of lists of carcinogenic substances, potential human
carcinogens and certain toxic substances. The Commissioner of Education shall make
available to each local or regional school district a list of carcinogenic substances as
defined in section 19a-329, potential human carcinogens as determined by the International Agency for Research on Cancer of the National Toxicology Program of the United
States Department of Health and Human Services and toxic substances which have been
identified as an air contaminant under the Occupational Safety and Health Standards,
Code of Federal Regulations, Title 29, Chapter XVII, Subpart 2, Section 1910.1000.
(P.A. 88-308, S. 4.)
Notwithstanding the provisions of sections 10-217d
and 10-217e, if the Commissioner of Consumer Protection determines that a carcinogen,
potential human carcinogen or toxic substance contained in any art or craft material
cannot be ingested, inhaled or otherwise absorbed into the body during any reasonably
foreseeable use of the material so as to pose adverse health effects, said commissioner
may exempt such art or craft material from the provisions of said sections 10-217d and
10-217e.
(P.A. 88-308, S. 5.)
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