Running head: Compendium Notebook

Compendium Notebook Patricia M. Devino University of New England School Law: EDU 702 August 19, 2012

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Module 1: Legal Framework of Public Education

A. Connecticut State Board of Education: http://www.sde.ct.gov/sde/cwp/view.asp?

a=2683&q=322228 The Connecticut State Board Of Education includes thirteen members. All members of the board are appointed. Two of these members are students in CT, serve one year terms, and do not have voting rights on the Board. There are eleven board members that serve four year terms and have voting rights. The head of the State Board is chairperson, Allan B. Taylor. In addition to the chairperson, two of these eleven members are the Governor of CT (Governor Dannel Malloy) who appointed Commissioner of Education, Stefan Pryor, whom serves as secretary of the Board. Section 10-4 of the General Statutes outlines the Boards responsibilities to include establishing educational policies, setting academic standards, preparing legislative proposals, and managing the general educational fund budget, as well as, serves as the Board of Education for the seventeen regional technical high schools.
B. Connecticut State Statutes On Education: http://www.jud.ct.gov/lawlib/law/school.htm

The Connecticut General Statutes can be researched using http://www.cga.ct.gov/asp/menu/Statutes.asp. Selected General Statutes include Chapter 166, Teachers and Superintendents, http://www.cga.ct.gov/current/pub/Chap166.htm, which provides law about teacher employment, performance, and evaluation. Chapter 168, School Attendance and Employment of Children, outlines attendance/truancy policies, duties of parent and noncompliance regarding attendance. Chapter 170, Board of Education, http://www.cga.ct.gov/current/pub/Chap170.htm, provides information about the duties of the board, including the removal, suspension and/or expulsion of students.

C. Connecticut State Court System:

http://www.jud.ct.gov/ystday/orgcourt.html

According to the Constitution of the State of Connecticut, which can be read in full at http://www.cslib.org/constitutionalamends/constitution.htm, Article 5, Section 1 declares judicial power is given to a Supreme Court, Appellate Court, Superior Court and lower courts as the general assembly may rule. The Supreme Court is CTs highest court and Compendium Notebook 3

includes a Chief Justice and six associate justices. This court reviews Superior Court and

Appellate Court decisions to ensure no errors of the law are made. The webpage to find out more about the functions and operations of the CT Courts can be accessed by this web address http://www.jud.ct.gov/courts.htm.

D. U.S. Circuit Court of Appeal in Connecticut: http://www.ca2.uscourts.gov The Second Circuit Court of Appeals covers Connecticut. This court has eight active judges, six senior judges and five magistrate judges. Court proceedings take place in New Haven, Bridgeport, and Hartford. Rule 4, establishes the procedures for initiating a civil case in the District of Connecticut. http://www.ctd.uscourts.gov/courthouses.html

E. Connecticut state court cases or cases settled within CT Second Circuit Court that contested federal, state, or local control of education:
A.) State of Connecticut v. Duncan (No. 10-489).

http://www.justice.gov/osg/briefs/2010/0responses/2010-0489.resp.pdf CTs Attorney General Richard Blumenthal attempted to prove that No Child Left Behind legislation was an unfunded mandate which required standardized tests for grades three through eight. A federal judge and the Second Circuit Court of Appeals ruled that this lawsuit was premature.
B.) Sheff v. O'Neill, 238 Conn. 1, 678 A.2d 1267:

http://www.jud.ct.gov/external/news/sheff.htm This 1989 lawsuit and then the Connecticut Supreme Court 1996 case about adequate and equitable funding for students resulted in a decision in civil rights and the right to an education. It was ruled that Connecticut had an obligation to provide children with a substantially equal educational opportunity because it was a constitutionally guaranteed right because the access to a public education should not be diminished by racial and ethnic isolation. The court also ruled that town and city boundaries for school districting were unconstitutional. The court cited a statute that limits school districts by town lines as a key factor in the high concentrations of racial and ethnic minorities in Hartford. This case also allowed the state to move into a local school district and assume control. Compendium Notebook 4

Module 2: Church/State Relations:

A. Connecticut Law Relating to Moment of Prayer/Meditation, Issues of Church/State:

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-16a.htm Local and regional school boards should allow silent meditation at the beginning of the school day for those who wish to take the opportunity. B. Blaine Amendment in Connecticut: There is no Blaine Amendment in the Connecticut Constitution. Voucher programs (Article VIII, Section 4- http://www.cslib.org/constitutionalamends/constitution.htm)and tax credits are provided for school choice options and are consistent with the court rulings and Constitution of the State of Connecticut. Twice, the Connecticut Supreme Court ruled that transportation programs that include private school students benefit children, not schools. Retrieved from: http://www.edchoice.org/School-Choice/State/CT.aspx C. Court Cases Settled in Second Circuit Court System that contested Church/State Issues: Leebaert v. Harrington (2002): Parent request for son to be exempt from mandatory school district health curriculum for religious reasons was rejected by the Second Circuit Court. http://www.ctd.uscourts.gov/Opinions/033002.RNC.leebaert.pdf. There is a state law that entitles students to be exempt from family life programs (http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-16e.htm) but the Court didnt agree that the statute could be used to excuse a student from an entire health curriculum. Hsu v. Roslyn School District (1996): School officials would only approve an after school Bible Club requested by students if the students removed the requirement that it only be for those of Christian faith. The Second Circuit Court ruled saying that the Equal Access Act protected leadership of the club to particular categories of people but the school could strike the religion requirement for other leadership positions that are not central to the identity of the club. http://caselaw.findlaw.com/us-2nd-circuit/1265184.html

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Module 3: Tort Liability:

A. State/ Local Law with respect to use/nonuse of corporal punishment, seclusion,

restraint by school personnel: http://www.cga.ct.gov/2011/pub/chap951.htm#Sec53a18.htm The Connecticut Penal Code Section 53a-18 shows that Connecticut banned corporal punishment in 1989. Teachers are allowed to use reasonable physical force to protect themselves or others, and to protect property from damages, to maintain order, or to retrieve dangerous substances or weapons. http://www.cga.ct.gov/2012/rpt/2012-R-0084.htm links to OLR Research Report regarding a summary of the usage of restraint and seclusion of Connecticut public school students.
B. Comparative or contributory negligence as defense:

http://www.cga.ct.gov/2011/pub/chap925.htm#Sec52-572l.htm CT General Statute Section 52-7721 shall not be a bar to recovery.

C. Immunity Safeguards for school personnel: Teachers are immune from liability for

emergency medical assistance, first aid, or medication by injection called the Good Samaritan Law. School personnel are also not held liable when rendering first aid which may constitute ordinary negligence. http://www.cga.ct.gov/2011/pub/chap925.htm#Sec52-557b.htm. Teachers may use reasonable force in order to protect themselves or others from immediate injury, or to protect property damage, and also to take away a dangerous weapon or controlled substance. .http://www.cga.ct.gov/2011/pub/chap951.htm#Sec53a-18.htm
D. Child Abuse and neglect statutes:

http://www.cga.ct.gov/2011/pub/chap319rr.htm#Sec17b-751d.htm. The Connecticut General Statutes (Section 17b-751d) designates the Department of Social Services for the prevention of child abuse and neglect. Teachers are required to report child abuse when they have reasonable cause to suspect abuse, neglect or if they suspect child is at risk of serious harm for those children under eighteen (Section 17a-101a). http://www.cga.ct.gov/2011/pub/chap319a.htm#Sec17a-101a.htm

Compendium Notebook Module 4: Student Classification:

A. State statutes or constitution on equity of opportunity in education including school

finance: http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-76a.htm Chapter 164 Section 10-76 a.-10-76 h. includes provisions for exceptional child, special education, a child requiring special education. The CT State Board of Education must provide supervision of educational programs that are providing services to special education children and must cooperate and consult with the federal agencies. This outlines the duties and powers of boards of education to provide special education programs, Medicaid eligibility, and PPT meetings (Section 10-76d.). The CT special education system is based on Individuals with Disabilities Education Improvement Act (IDEA), the federal special education law http://www.law.cornell.edu/uscode/text/20/chapter-33 . Special education program must be provided from age three until they graduate from high school or are twenty one years old if they require it. http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-76g.htm CT General Statute Section 10-76g outlines state aid information for special education. CT school districts receive both federal and state funding.

B. State/ Circuit Court cases involving desegregation issues or other student classification issues: Horton v. Meskill, 376 A.2d 359 (1977) Connecticut Supreme Court invalidated the states education finance system finding that the CT Constitution requires that the state provide a substantially equal opportunity. Horton v. Meskill (1) utilized the constitutional provision of equal protection clause of the CT State Constitution. The decision regarding the constitutionality resulted in overturning the CT school finance system through applying the strict scrutiny test. Legislature created an educational cost sharing formula- ECS. Sheff v. ONeill, 678 A.2d 1267 (1996) http://www.jud.ct.gov/external/news/sheff.htm Plaintiffs argued that Hartford students were not receiving an adequate education and the CT Supreme Court ended de facto racial segregation. Connecticut Coalition for Justice in Education Funding, Inc., et. al. vs. Governor M. Jodi Rell et. al. 295 Conn. 240 (2010) http://www.kidscounsel.org/caselibrary_education_ccjef.htm Plaintiffs filed equity and adequacy claims saying that the states education finance system was not providing suitable and substantially educational opportunities which was a violation of the state constitution.

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C. State Statutes providing guidelines for working with ESL, illegal immigrants, gifted children, disabled children, homeless children, gender, or other groups:

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-15c.htm Connecticut General Statutes Chapter 164 Section 10-15c addresses discrimination in schools. Public schools shall be open to anyone five years and older and should have equal opportunities to participate in studies offered without discrimination of race, religion, color sex, nationality or sexual orientation.

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-17e.htm Ct General Statute Chapter 164, Section 10-17e-10-17j states that students are eligible for bilingual education if they are enrolled in a public school grade k-12, if English is not their dominant language, and if they are not proficient in English to assure equal educational opportunities.

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-76a.htm Chapter 164, Section 1076a of the CT General Statutes addresses children who require special education services including talented and Gifted children (those who have extraordinary learning abilities, those identified by PT based on standardized test scores).

http://www.cga.ct.gov/2002/olrdata/ed/rpt/2002-r-0561.htm CT law requires districts to provide schooling for all students living in that district while federal law requires these that are receiving federal funds must remove all legal barriers to provide equal access to education.
D. Does Connecticut protect for sexual orientation?

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-15c.htm According to CT General Statutes Chapter 164 Section 10-15c discrimination in public schools is prohibited and outlines the state laws about sexual orientation of state employees.
E. HOUSSE standards for special education teachers:

http://www.sde.ct.gov/sde/lib/sde/PDF/Cert/newsltrs/certalert_fall_05.pdf All teachers in CT must meet Highly Qualified Status under No Child Left Behind legislation http://www2.ed.gov/policy/elsec/leg/edpicks.jhtml?src=fp. Under their districts High Objective State Standard of Evaluation (HOUSSE) those teachers who cannot show highly qualified status must show they are highly qualified in their subject area.
F. Anti-bullying laws:

http://www.cga.ct.gov/coc/PDFs/bullying/2011_bullying_law.pdf Public Act 11-232 was passed in 2011. Section 10-222d. of the CT General Statutes requires local and regional boards of education to have a policy on bullying behavior which includes intervention and prevention, requirements for parent notification and for keeping data

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based on bullying incidents. http://www.cga.ct.gov/2011/pub/chap170.htm#Sec10222d.htm G. Other items found: http://www.kidscounsel.org/caselibrary_education.htm The Center for Childrens Advocacy website includes CT Education Cases and summarizes these cases.

Module 5: Students Rights:

A. Rights involving attendance, home schooling, user fees, HIV, health concerns with

attendance, student records, school curriculum requirements, etc.: http://www.cga.ct.gov/current/pub/Chap168.htm will link you to Chapter 168 of the CT General Statutes which covers school attendance and employment of children. http://www.cga.ct.gov/current/pub/Chap168.htm#Sec10-184.htm According to Section 10184 duties of parents include having children 5 years old to eighteen years of age should be instructed in reading, writing, math, and United States history to name a few. Section 10185 describes the penalty for parents not following General Statutes 10-184 duties of parents and parents can be fined up to twenty five dollars for noncompliance. CT state law says children can be educated at home as long as the parents can prove they are receiving an equivalent education to the Chapter 168 of the General Statute. http://www.cga.ct.gov/2008/rpt/2008-R-0292.htm (Scroll down on OLR report to CT Regulation of Home Schooling) B. Connecticut State Statutes related to student free speech, confidentiality of records, dress code: http://www.cslib.org/constitutionalamends/constitution.htm CT State Constitution Article I, Section 4 states that everyone as freedom to speak, write, and publish on all subjects and Article I Section 5 states that no law shall ever be passed to prohibit free speech. http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-15b.htm Confidentiality of students records are addressed in CT General Statutes Chapter 164, Section 10-15b. Upon written request and within reasonable time parents or guardians are entitled to educational, medical, or other records (except privileged information outlined in Section 10-154a: http://www.cga.ct.gov/2011/pub/chap166.htm#Sec10-154a.htm. School employees are not required to disclose information about alcohol or drug abuse when it is acquired through professional communications with students. Any professional employee who discloses or does not disclose communication when acting in good faith will have immunity. Compendium Notebook 9

No dress code statutes in CT school boards can adopt dress code/ uniform policies. http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Rightsofminors.pdf (This PDF serves a guide to Law Library and includes the State of Connecticut Rights of Minors in CT.)

C. Discipline, suspension, expulsion, other disciplinary measures (truancy etc.): http://www.cga.ct.gov/current/pub/Chap170.htm#Sec10-233a.htm CT General Statutes Chapter 170 Section 10-233a-j provides information addressing various disciplinary concerns. http://www.cga.ct.gov/2011/pub/chap170.htm#Sec10-233b.htm Section 10-233b provides state policy on removing students from class for disciplinary reasons. Students may be removed if they are deliberately causing serious disruption to the educational process. Teachers cannot remove student more than twice in one week or more than six times in a school year without having been referred to the principal. http://www.cga.ct.gov/2011/pub/chap170.htm#Sec10-233c.htm CT General Statute Section 10-233c provides the state school suspension law and allows any board of education to suspend a student whose conduct violates the school board policy on school grounds or at a school sponsored event or if they are disruptive to the educational process. http://www.cga.ct.gov/2011/pub/chap170.htm#Sec10-233d.htm CT General Statutes chapter 170 Section 10-233d provides expulsion procedures and allows for majority vote of boards of education (with three or more members present) to expel students who have violated board policies on school grounds or at school events or if they have seriously disrupted the educational process. http://www.cga.ct.gov/2002/olrdata/ed/rpt/2002-R0849.htm provides a summary on school expulsion procedures that districts must follow.

CT General Statute Chapter 168 Section 10-200: http://www.cga.ct.gov/2011/pub/chap168.htm describes the policies and procedures concerning truants. http://www.cga.ct.gov/2011/pub/chap168.htm#Sec10-184.htm Section 10-184 states those children between five and eighteen years old who have unexcused absences more than four times in a month or ten unexcused absences in a school year.

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http://www.cga.ct.gov/current/pub/Chap168.htm#Sec10-199.htm CT General Statue 10199 states local and regional boards of education can appoint attendance officers to investigate those with irregular attendance. http://www.cga.ct.gov/current/pub/Chap168.htm#Sec10-200.htm Towns can adopt ordinances for habitual truants. Police can arrest students if found on the streets during school hours if not in control of parents or guardian. http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/RightsofMinors/rtsminor.htm#sec_5T his site will bring you to all the resources related to school discipline in Connecticut. It provides definitions, statutes, legislation, and Court Cases involving discipline.

D. Connecticut Court Cases and Circuit Court cases involving student rights such as freedom of speech, dress, discipline, search and seizure: Doninger v. Niehoff (2008 ) http://caselaw.findlaw.com/us-2nd-circuit/1325010.html The Second Circuit Court found that Doninger was properly disciplined after calling school officials douchebags on her blog. She sued because the district did not allow her to run for class president because they said her words were unbecoming of a class officer. Bethel School District No. 403 v. Fraser (1986) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=478&invol=675 The Second Circuit Court found that the First Amendment did not prohibit schools from prohibiting lewd or vulgar speech and that it was appropriate action by the school to prevent suspend Fraser for two days from school due to his lewd speech of sexual innuendo.

Byars v. City of Waterbury (2001) http://caselaw.findlaw.com/ct-superiorcourt/1011628.html The Second Circuit Court found in favor of the school saying that the baggy pants worn by middle school students violated the dress code and were able to conceal a weapon.

E. Other Items: http://ctlawhelp.org/your-childs-rights-in-school This is a comprehensive

site for a childs rights in school.

Compendium Notebook Module 6: Teachers Substantive Rights:

A. Tenure: defined, and non-tenure and due process:

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http://www.cga.ct.gov/2002/olrdata/ed/rpt/2002-r-0469.htm OLR report summary on teacher tenure law. http://www.cga.ct.gov/current/pub/Chap166.htm#Sec10-151.htm Chapter 166 Section 10151 outlines teacher tenure law. Tenure can be obtained after completion of thirty school months if hired before 1996 and for those employed after 1996 tenure will take forty months of successful teaching. A comprehensive summary of CT teacher tenure law could be found http://www.cga.ct.gov/2002/olrdata/ed/rpt/2002-r-0469.htm

B. Sexual Orientation protection: http://www.cga.ct.gov/2011/pub/chap814c.htm#Sec46a-

81a.htm CT prohibits discrimination based on sexual orientation.

C. Connecticut whistle blowing law: http://www.cga.ct.gov/2011/pub/chap048.htm#Sec4-

61dd.htm CT General Statute Chapter 48 Section 4-61dd states that anyone who knows of corruption, mismanagement, abuse of authority etc. occurring in a state agency can report their findings to the attorney general. The law protects whistleblowers by ensuring that no one will be able to take personal action against the whistleblower for their disclosure of information.
D. Connecticut textbook selection guidelines:

http://www.cga.ct.gov/2011/pub/chap164.htm#Sec10-18a.htm CT General Statute Chapter 164, Section 10-18a outlines textbook selection guidelines where each local/regional board can select texts and instructional materials. E. Connecticut Court cases settled in Circuit Court involving teacher rights: Spanierman v. Hughes (2008) http://scholar.google.com/scholar_case? case=14390320923363156431&hl=en&as_sdt=2&as_vis=1&oi=scholarr Sapnierman (who did not have tenure) was dismissed after communicating with students on MySpace.com. He argued that the Connecticut Teacher Tenure Act had provided him with protected property interest. The court found that the district had afforded procedural due

process rights to Spanierman and also found that Spaniermans speech was disruptive and so not protected by the First Amendment. Compendium Notebook 12

East Hartford Education Association v. Board of Education (1977) http://ct.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19770222_0040452.C02.htm /qx The Federal Court of Appeals for the Second Circuit Court used the balancing test to determine that teacher dress code did not violate free speech clause of the First Amendment or the due process clause of the Fourteenth Amendment. The boards interest outweighed the teachers interest. Module 7: Terms and Conditions of Employment:
A. Licensure requirements for teachers and administrators:

http://www.cga.ct.gov/2011/pub/chap166.htm CT General Statutes Chapter 166 Section 10-145p includes licensure requirements for teachers and administrators. There are three levels of certification in CT and teachers need to have a bachelors degree and pass Praxis Tests to obtain Initial educator certification. In order to obtain provisional educator certification, a teacher must complete no fewer than thirty six hours of special education course work. In order to be eligible for Professional Educator Certification, a teacher must have thirty credits of course work beyond a bachelor degree (Graduate level). http://www.cga.ct.gov/2007/rpt/2007-R-0687.htm This is a comprehensive OLR Report on Teacher Certification and Teacher Retirement.
B. Grounds for dismissing a teacher and due process procedures:

http://www.cga.ct.gov/2011/pub/chap166.htm#Sec10-151.htm CT General Statute Chapter 166 Section 10-151 outlines tenure and dismissal/termination of tenure and non-tenure teachers. Tenure teachers contracts are renewed year to year and may be terminated for inefficiency/incompetence, insubordination, moral misconduct, disability (by competent medical evidence), elimination of the position, or other due cause. Non-tenured teachers must be notified in writing prior to April 1 that they will not be renewed for the coming year. It would be considered a privileged case if a teacher appeals a dismissal to Superior Court and the court may affirm or reverse the decision.

C. Personnel Evaluation requirements and procedures: .

http://www.cga.ct.gov/2011/pub/chap166.htm#Sec10-151b.htm CT Geeral Statutes

Chapter 166 Section 10-151 specifies that on or before July 1, 2013 the State Board of Education must adopt guidelines for a model teacher evaluation program. Each local and regional board of education must develop and implement a teacher evaluation program Compendium Notebook 13

that is consistent with the state. Evaluations by district must include strengths, areas in need of improvement, indicators of academic growth, and strategies for improvement.
D. Statutes specifically related to protections against discrimination:

http://www.cga.ct.gov/2011/pub/chap814c.htm#Sec46a-60.htm Sexual orientation is protected outlined in Sections 46a-a81r as mentioned in Module 6. http://www.cga.ct.gov/2011/pub/chap814c.htm#Sec46a-60.htm CT General Statute Chapter 814 Section 46a-60 protects against discrimination based on individuals race, religion, color, sex, age, marital status, national origin, or disability (mental, learning, or physical).

E. Child abuse and neglect law with respect to teachers and administrators

involvement: http://www.cga.ct.gov/2011/pub/chap319a.htm#Sec17a-101a.htm CT General Statute Chapter 319a Section 17a- 101a requires that teachers report cases of child abuse or neglect when they have reasonable cause to suspect such abuse for children under the age of eighteen.

F. Collective bargaining rights established relating to delineation of the powers of

teachers unions: http://www.cga.ct.gov/2011/pub/chap166.htm#Sec10-153a.htm CT General Statute Chapter 166 Section 10-153a deals with teacher collective bargaining rights and states employees have the right to self-organization, form, or assist labor organizations to bargain collectively free from coercion. Teachers also have the right to negotiate salaries, hours, and conditions of employment.
G. Timeframe for process of collective bargaining:

http://www.cga.ct.gov/2005/pridata/Studies/pdf/Binding_Arbitration_Final_Report.pdf The process of collective bargaining is within five days of written notice of a request for meeting negotiations.
H. What can be negotiated? Are there areas off-limits?

http://www.cga.ct.gov/2011/pub/chap166.htm#Sec10-153a.htm Teachers may negotiate salary, hours, and other conditions of employment under CT General Statute Chapter 166,

Section 10-153a. http://www.cga.ct.gov/2010/rpt/2010-R-0127.htm They may not negotiate merit testing, civil service, scoring, and hiring from scoring lists.

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I.

Other Items: http://www.cga.ct.gov/2009/pub/chap068.htm Additional collective bargaining rights for state employees.