reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Personal Data › Section 10-4-10 - Maintenance of personal data

Current through July 10, 2024
(a)
All
				Personal Data Systems.
(1) Personal
				data will not be maintained unless relevant and necessary to accomplish the
				lawful purposes of the agency. Where an agency finds irrelevant or unnecessary
				public records in its possession, the agency shall dispose of the records in
				accordance with its records retention schedule and with the approval of the
				Public Records Administrator as per Connecticut General Statutes Section
				11-8a,
				or, if the records are not disposable under the records retention schedule,
				request permission from the Public Records Administrator to dispose of the
				records under Connecticut General Statutes Section
				11-8a.
(2) The agency will collect and maintain all
				records with accurateness and completeness.
(3) Insofar as it is consistent with the
				needs and mission of the agency, the agency, wherever practical, shall collect
				personal data directly from the persons to whom a record pertains.
(4) Agency employees involved in the
				operations of the agency's personal data systems will be informed of the
				provisions of the (i) personal data act, (ii) the agency's regulations adopted
				pursuant to Section
				4-196,
				(iii) the Freedom of Information Act and (iv) any other state or federal
				statute or regulations concerning maintenance or disclosure of personal data
				kept by the agency.
(5) All agency
				employees shall take reasonable precautions to protect personal data under
				their custody from the danger of fire, theft, flood, natural disaster and other
				physical threats.
(6) The agency
				shall incorporate by reference the provisions of the Personal Data Act and
				regulations promulgated thereunder in all contracts, agreements or licenses for
				the operation of a personal data system or for research, evaluation and
				reporting of personal data for the agency or on its behalf.
(7) The agency requesting personal data from
				any other state or federal agency shall have an independent obligation to
				insure that the personal data is properly maintained.
(8) Only agency employees who have a specific
				need to review personal data records for lawful purposes of the agency will be
				entitled to access to such records under the Personal Data Act.
(9) The agency will keep a written up-to-date
				list of individuals entitled to access to each of the agency's personal data
				systems.
(10) The agency will
				insure against unnecessary duplication of personal data records. In the event
				it is necessary to send personal data records through interdepartmental mail,
				such records will be sent in envelopes or boxes sealed and marked
				"confidential."
(11) The agency
				will insure that all records in manual personal data systems are kept under
				lock and key and, to the greatest extent practical, are kept in controlled
				access areas.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Rules of Practice › Section 10-4-11 - Introduction

Current through July 10, 2024
The rules which follow govern practice and procedure before
				  the Board, the Commissioner, the Department or any hearing panel authorized to
				  make or propose decisions on behalf of the Board, the Commissioner or
				  Department. These rules are intended to be read in a manner which is consistent
				  with the requirements of due process and any other statute, regulation or court
				  order providing more specific procedure for particular proceedings. To the
				  extent that any provision in these rules is inconsistent with more specific
				  procedures required by law in particular proceedings, the more specific
				  requirement shall take precedence.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Rules of Practice › Section 10-4-12 - Definitions

Current through July 10, 2024
As used in Sections
				  10-4-11
				  through
				  10-4-26,
				  inclusive:
(a) "Agency" means the
				Board, Commissioner, Department, or designated hearing panel, as
				applicable;
(b) "Board" means the
				State Board of Education.
(c)
				"Commissioner" means the Commissioner of Education.
(d) "Department" means the Department of
				Education.
(e) "Filing" means
				receipt.
(f) "Hearing Panel" means
				one or more designated members of the Board, the Commissioner, the Department
				or one or more duly designated individuals appointed by the Board, the
				Commissioner or other legally constituted hearing body.
(g) "Intervenor" means each person, other
				than a party, allowed to participate in a contested case.
(h) "Person" means any individual,
				partnership, corporation, association, governmental subdivision or public or
				private organization of any character.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Rules of Practice › Section 10-4-13 - General rules of practice before the agency

Current through July 10, 2024
(a)
Service.
Service of all documents and other papers filed in all
				proceedings, including, but not limited to, complaints, motions, petitions,
				applications, notices, briefs, and exhibits shall be by personal delivery or by
				first class mail, except as otherwise provided.
(b)
Extensions of Time.
Except
				as otherwise provided, the agency may, for good cause shown, extend any time
				limits prescribed or allowed by these rules. Each request for extension shall
				be requested prior to the expiration of the prescribed period.
(c)
Consolidation of
				Proceedings.
Proceedings involving related questions of law or fact may
				be consolidated at the discretion of the agency.
(d)
Transcripts.
(1) Transcript and Record. A verbatim record
				of all hearings in a contested case shall be taken. Any party or other person
				requesting transcription of the verbatim record shall pay the reasonable cost
				of preparing such copy, except as otherwise provided by law.
(2) Transcript Corrections. Transcript
				corrections may be incorporated into the record, upon approval by the agency,
				at any time during the hearing or after the close of evidence, but not more
				than ten (10) days from the date of receipt of the transcript by the requesting
				party. The agency may call for the submission of proposed corrections and may
				make disposition thereof at appropriate times during the course of the
				proceeding.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-14 - Contested cases generally

Current through July 10, 2024
The rules in Sections
				  10-4-11
				  through
				  10-4-19 set forth
				  procedures to be followed by the agency in contested cases as defined in
				  Chapter 54 of the General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-15 - Parties and intervenor

Current through July 10, 2024
(a)
Designation of Parties.
In issuing the notice of hearing, the
				presiding officer will designate as parties those persons whose participation
				is necessary to the proper disposition of a contested case. All other persons
				proposing to be named or admitted as parties shall apply for such designation
				in the manner hereinafter described.
(b)
Application to be Designated a
				Party.
(1) Filing of Petition. Any
				person not designated as a party may file, with the presiding officer, a
				written petition to be so designated, such petition to be filed not later than
				five (5) days before the date of the initial hearing. Copies of such petition
				shall be mailed to all parties. The time period may be waived for good cause
				shown.
(2) Contents of Petition.
				The petition shall state the name and address of the petitioner; describe the
				manner in which the petitioner claims to be specifically affected by the
				proceeding; state the issues to be decided, the relief sought and the statutory
				or other authority therefor, and the nature of the evidence, if any, that the
				petitioner intends to present in event that the petitioner is designated as a
				party.
(3) Designation as Party.
				The agency shall consider in a timely manner, all such petitions and shall
				designate as a party any person whose legal rights, duties or privileges will
				be affected by the decision of the agency or any person who is determined to be
				necessary to the proper disposition of the contested case, unless such person's
				interests are deemed to be satisfactorily represented by the existing
				parties.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-16 - Hearings

Current through July 10, 2024
(a)
Place of Hearings.
Unless by
				statute or by direction of the agency a different place is designated, all
				hearings shall be held at the Department.
(b)
Notice of Hearings.
(1) Persons Notified. Notice of a hearing in
				any contested case shall be given to all parties, to all persons who have
				become intervenors, to all persons otherwise required by statute to be
				notified, and to such additional persons as the agency shall direct. Notice may
				be given by newspaper publication and by such other means that the agency may
				deem appropriate.
(2) Contents of
				Notice. The notice shall contain
(A) A
				statement of the time, place, and nature of the hearing;
(B) A statement of the legal authority and
				jurisdiction under which the hearing is to be held;
(C) A reference to the particular sections of
				the statutes and regulations involved; and
(D) A short and plain statement of the
				matters asserted. If the agency or party is unable to state the matters in
				detail at the time the notice is served, the initial notice may be limited to a
				statement of the issues involved. Thereafter, upon application, a more definite
				and detailed statement shall be furnished.
(3) Length of Notice. Unless otherwise
				provided by law, or unless the agency finds that a shorter period of notice is
				reasonable and consistent with the public interest, notice of a hearing shall
				be given at least fourteen (14) days prior thereto.
(4) Continuances. For good cause shown, the
				agency may grant a continuance.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-17 - Proposed final decision

Current through July 10, 2024
This Section does not apply to a hearing panel action
				  pursuant to Sections
				  10-76h
				  or
				  10-186
				  of the General Statutes.
(a) The
				decision by a hearing panel shall be treated as a proposed final decision
				within the meaning of that term as it is used in Chapter 54 of the General
				Statutes, and as it is specifically used in Section
				4-179.
(b) The hearing panel's proposed final
				decision shall not be adopted by the agency until it has been served upon all
				parties, and until an opportunity has been afforded to each party adversely
				affected by the proposed decision to file exceptions, to present briefs, and to
				make oral argument before the agency. The agency may limit the period of time
				for argument by serving notice of such limitation upon all of the parties
				simultaneously with the proposed final decision. For good cause shown, the
				agency may extend the period of time for argument if the request is made in
				writing, stating the reasons therefor, and filed with the agency seven (7) days
				prior to the proceeding at which such proposed final decision is scheduled to
				be discussed or acted upon by the Board.
(c) In the proposed final decision to be
				served upon the parties, the hearing panel will set forth its summary of each
				issue of fact or law that it finds necessary to reach the conclusion contained
				in the proposed final decision.
(d)
				Compliance with the provisions of this section may be waived by a written
				stipulation of the parties.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-18 - Decision and record in a contested case

Current through July 10, 2024
(a)
Final
				Decisions in a Contested Case.
All decisions and orders of the agency
				concluding a contested case shall be rendered within ninety days following the
				close of evidence or the due date for the filing of briefs, whichever is later,
				and shall be in writing or orally stated on the record and shall be made part
				of the record of such case. The agency shall state in the final decision the
				name of each party and the most recent mailing address, provided to the agency,
				of the party or his authorized representative. The final decision shall be
				delivered promptly to each party or his authorized representative, personally
				or by United States mail, certified or registered, postage prepaid, return
				receipt requested. The final decision shall be effective when personally
				delivered or mailed or on a later date specified by the agency.
(b)
Maintenance of Record.
The
				Department shall be responsible for keeping the record in all contested cases.
				The record shall consist of the notice of the hearing, the return receipt for
				any decisions or orders sent to the parties by registered mail and those items
				designated as part of the record. The Department shall also include all written
				orders and final decisions.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-19 - Reconsideration

Current through July 10, 2024
(a) Within fifteen (15) days after personal
				delivery or mailing of a final decision, a party may file a written petition
				for reconsideration of the decision on the grounds that (1) an error of fact or
				law should be corrected; (2) new evidence has been discovered which materially
				affects the merits of the case and which for good reasons was not presented in
				the agency proceedings; or (3) other good cause.
Copies of said petition shall be mailed to all parties and
				  intervenors.
(b) Within
				twenty-five (25) days of the filing of the petition, the agency shall determine
				whether reconsideration is appropriate, provided that if no decision is made
				within the twenty-five days, it shall be considered a denial.
(c) Within ninety (90) days of the filing,
				the agency, if it determines that reconsideration is appropriate, shall
				commence additional proceedings consistent with the provisions of Sections
				10-4-15
				through
				10-4-18,
				inclusive, of the regulations.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-20 - Declaratory rulings generally

Current through July 10, 2024
The rules in Section
				  10-4-21
				  through
				  10-4-22
				  set forth the process whereby the agency shall consider petitions for
				  declaratory rulings.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-21 - Procedure for filing a request for declaratory ruling

Current through July 10, 2024
(a)
Who May File.
Any interested person(s) (hereinafter petitioner)
				may petition the agency, as appropriate, to issue a declaratory ruling
				regarding the validity of any regulation or the applicability to specified
				circumstances of any statute, regulation or order enforced, administered or
				promulgated by the agency.
(b)
Petition Requirements.
(1) A
				petition for declaratory ruling shall meet the following requirements:
(A) The petition shall be in
				writing;
(B) The petition shall
				identify the particular statute, regulation or order and the particular aspect
				of it to which the petition is addressed;
(C) The petition shall clearly state the
				issue or issues upon which a declaratory ruling is requested as well as
				appropriate factual background;
(D)
				The petition shall be signed by the petitioner and state the petitioner's name
				and address. If the petitioner represents an organization, the name and address
				of the organization shall be included. Where applicable, the petition shall
				contain the name and address of the petitioner's counsel, agent or
				representative; and
(E) The
				petition shall be filed, either by mail or hand delivery, during normal
				business hours, with the Office of the Commissioner, at 165 Capitol Avenue,
				Hartford, Connecticut 06106.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-22 - Procedure following filing of request for declaratory ruling

Current through July 10, 2024
Within thirty days following receipt of the petition, the
				  agency shall give notice to all persons who are required to be so notified and
				  to all persons who have requested notice of declaratory ruling petitions on the
				  subject matter of the petition.
(a)
				The agency may give notice that a declaratory ruling has been requested to any
				person or organization and may receive and consider data, facts, arguments or
				opinions from persons other than the petitioner.
(b) The agency may demand such additional
				data, facts, arguments or opinions as may be relevant to the requested
				declaratory ruling.
(c) Within
				sixty days following receipt of a petition for declaratory ruling, the agency
				shall determine whether to rule on the petition.
(1) If a ruling on the petition is denied,
				the agency shall send a written notice of the denial stating the reasons
				therefore to the petitioner and other interested persons or
				organizations.
(2) If a ruling on
				the petition is granted, the agency shall:
(A) Issue a declaratory ruling:
(B) Order the matter set for specified
				proceeding; or
(C) Agree to issue a
				declaratory ruling by a specified date.
(3) If the agency deems a hearing necessary
				or helpful in determining any issue concerning the petition for declaratory
				ruling, the agency shall schedule such hearing and give such notice thereof as
				shall be appropriate. The agency may appoint a hearing agent to conduct and
				report on the hearing.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-23 - Requests for promulgation, amendment or repeal of a regulation, generally

Current through July 10, 2024
The rules in Section
				  10-4-20
				  through 10-4-23, inclusive, set forth the process whereby the Board shall
				  consider petitions requesting the promulgation, amendment or repeal of a
				  regulation.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-24 - Procedures for filing request for promulgation, amendment or repeal of regulation

Current through July 10, 2024
(a)
Who May
				File.
Any interested person(s) (hereinafter petitioner) may at any time
				petition the Board to promulgate, amend or repeal any regulation.
(b)
Petition Requirement.
(1) A petition requesting promulgation,
				amendment or repeal of any regulation shall meet the following requirements:
(A) The petition shall be in
				writing;
(B) The petition shall
				clearly state the regulation(s) which petitioner would like promulgated,
				amended or repealed;
(C) The
				petition shall state the statutory authority for the proposed changes, if
				applicable;
(D) The petition shall
				set forth clearly and concisely the text of the proposed change;
(E) The petition shall state the facts and
				arguments that favor the action it proposes by including such data, facts and
				arguments in the petition or in a brief annexed thereto;
(F) The petition shall be signed by the
				petitioner and state petitioner's name and address. If the petitioner
				represents an organization, the name and address of the organization shall be
				included. Where applicable, the petition shall contain the name and address of
				the petitioner's counsel, agent or representative; and,
(G) The petition shall be filed with the
				State Board of Education, either by mail or hand delivery, during normal
				business hours at 165 Capitol Avenue, Hartford, Connecticut 06106.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-25 - Procedure following filing of request for promulgation, amendment or repeal of regulation

Current through July 10, 2024
(1) Within thirty
				(30) days following receipt of the petition, the Board shall determine whether
				to deny the petition or to initiate regulation making proceedings in accordance
				with the law.
(2) If the Board
				denies the petition, it shall give the petitioner notice in writing, stating
				the reasons for the denial.
Connecticut Administrative Code › Title 10 - Education and Culture › 4 - Organization Description, Rules of Practice, Public Inspection › Contested Cases Generally › Section 10-4-26 - Request for notice regarding proposed regulations

Current through July 10, 2024
(a)
Who May File.
Any interested person(s) (hereinafter petitioner)
				may file at any time a request to receive notice of proposed
				regulations.
(b)
Form of
				Request.
(1) A request to receive
				notice of proposed regulations shall meet the following requirements:
(A) The request shall be made in
				writing;
(B) The request shall
				clearly state the subject matter of any proposed regulation of
				interest;
(C) The petition shall be
				signed by the petitioner and state petitioner's name and address. If the
				petition represents an organization, the name and address of the organization
				shall be included.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-1 - Definitions

Current through July 10, 2024
For the purposes of these regulations:
(a) "Commissioner" means the Commissioner of
			 Education;
(b) "Complaint" means a
			 written document which complies with the requirements of Section
			 10-4b-3 of
			 these regulations;
(c) "Substantial
			 complaint" means a complaint that sets forth basic facts which state a cause of
			 action concerning an alleged violation of the educational interests of the
			 state;
(d) "Educational interests
			 of the state" means those defined in Section
			 10-4a
			 of the General Statutes as amended by Section 10 of Public Act
			 79-128;
(e) "Board" means the State
			 Board of Education;
(f) "Board of
			 education" means a local or regional board of education;
(g) "Complainant" means the individual(s) or
			 the Board alleging in a complaint that a board of education has failed or is
			 unable to implement the educational interests of the state;
(h) "Respondent" means
(1) the board of education against which a
			 complaint has been filed; and
(2) a
			 local governmental body upon the finding by the Board pursuant to Section
			 10-4b-8 of these
			 regulations that there is reasonable cause to believe that a local governmental
			 body or its agent may be responsible for the failure or inability of a board of
			 education;
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-2 - Designee and agent of the board

Current through July 10, 2024
The Commissioner shall be the designee and agent of the Board
				for the purposes specified in section
				10-4b
				of the General Statutes as amended by section 14 of P.A. 79-128 and these
				regulations.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-3 - Complaint

Current through July 10, 2024
(a)
When complaints may be
			 brought.
(1) A resident of a local or
			 regional school district, or parent or guardian of a student enrolled in the
			 public schools of such school district who has been unable to resolve a
			 complaint with the board of education may file a written complaint with the
			 Commissioner alleging the failure or inability of such board of education to
			 implement the educational interests of the state.
(2) The Board may initiate a substantial
			 complaint. Such complaint shall be subject to all the provisions of these
			 regulations except Section
			 10-4b-5
			 concerning preliminary action by the Commissioner.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-4 - Conference of the parties

Current through July 10, 2024
In the interest of furthering the purpose of the process
				outlined in Section
				10-4b
				of the General Statutes as amended by Section 14 of P.A. 79-128 and in these
				regulations, the Commissioner may, at any stage of the proceedings, call the
				parties together for a conference.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-5 - Preliminary action

Current through July 10, 2024
(a)
Acknowledge receipt; inform respondent.
The Commissioner shall,
			 within five (5) days following receipt of a complaint, acknowledge receipt of
			 the complaint in writing to the complainant and, for informational purposes
			 only, send a copy of the complaint to the respondent.
(b)
Further information.
The
			 Commissioner may submit to the complainant a request for further factual
			 information concerning the complaint. Such a request for further information
			 shall be made within five (5) days following receipt of the complaint by the
			 Commissioner. Upon receipt of the additional information requested, the
			 Commissioner shall, for informational purposes only, send a copy of such new
			 information to the respondent.
(c)
Action by commissioner.
Within ten (10) days following
			 acknowledgement of receipt of a complaint, or if further information is
			 requested, within ten (10) days following receipt of the additional
			 information, the Commissioner shall:
(1)
			 Dismiss the complaint if it is found not to be substantial; or
(2) Order an investigation if the complaint
			 is found to be substantial.
If the Commissioner dismisses the complaint, he shall state in
				writing to the parties, with a copy to each Board member, the reasons
				therefore.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-6 - Investigation

Current through July 10, 2024
(a)
Opportunity to respond.
Within five (5) days following an order for an investigation, the Commissioner
			 shall notify the parties of such order and shall request the respondent to file
			 a written response with the Commissioner or his representative within ten (10)
			 days following the receipt of such request. The response shall contain
(1) answers to each allegation of the
			 complaint and
(2) factual
			 information supporting the answers.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-7 - Report of investigation

Current through July 10, 2024
(a)
Preliminary report to commissioner.
Within ten (10) days following
			 the conclusion of the investigation, the individual or individuals conducting
			 the investigation on behalf of the Commissioner shall submit in writing to the
			 Commissioner the facts found as a result of the investigation, including facts
			 relating to the responsibility of the local governmental body or its agent for
			 the factual findings.
(b)
Commissioner's report.
No later than ten (10) days following
			 receipt of the findings of fact, the Commissioner shall, as agent of the Board
			 for purposes of the investigation in accordance with Section
			 10-4b
			 of the General Statutes as amended by Section 14 of P.A. 79-128, submit to the
			 Board his report of the results of such investigation. Such report shall
			 include:
(1) The findings of fact;
(2) Whether, in the Commissioner's judgment,
			 the facts indicate that reasonable cause exists to believe that the board of
			 education has failed or is unable to make reasonable provision to implement the
			 educational interests of the state and whether a local governmental body or its
			 agent may be responsible for such failure or inability; and
(3) Recommendations for action.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-8 - Reasonable cause

Current through July 10, 2024
Board action.
Following receipt of a report from
				the Commissioner, the Board shall act at the first regularly scheduled Board
				meeting following submission of said report to the Board, provided that the
				Board may postpone said action until no later than the second regularly
				scheduled meeting following submission of said report to the Board if the
				report was not submitted to the Board on or before the eighth (8th) day prior
				to the first such regularly scheduled Board meeting. The Board shall:
(1) Dismiss the complaint if the Board
			 determines that the findings indicate that there is no reasonable cause to
			 believe that a board of education has failed or is unable to make reasonable
			 provisions to implement the educational interests of the state and indicate the
			 reasons therefore; or
(2) Order an
			 inquiry if the findings indicate that there is reasonable cause to believe that
			 a board of education has failed or is unable to make reasonable provisions to
			 implement the educational interests of the state or that a local governmental
			 body or its agent may be responsible for such failure or inability.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-9 - Board Inquiry

Current through July 10, 2024
(a)
Commissioner as party.
Upon ordering an inquiry pursuant to
			 Section
			 10-4b-8 of these
			 regulations, the Commissioner, if the Board is not already a party, shall be
			 admitted to the proceedings as a party for the purpose of representing the
			 educational interests of the state at the Board inquiry, provided that the
			 Commissioner shall be limited for this purpose to presenting evidence or
			 arguments relating to the allegations of the complaint or amended
			 complaint.
(b)
Local
			 governmental body as party.
Upon ordering an inquiry pursuant to Section
			 10-4b-8 of these
			 regulations, if the findings indicate that a local governmental body or its
			 agent may be responsible for the failure or inability of a board of education,
			 the local governmental body shall be named as a respondent for purposes of the
			 Board inquiry.
(c)
Time and
			 place for inquiry; notice.
The Board shall set a time and place for the
			 inquiry and give reasonable notice to the parties.
(d)
Hearing panel.
The
			 chairperson of the Board may designate a subcommittee of three members of the
			 Board to serve as a hearing panel.
(e)
Amended complaint; response.
Any complaint may be amended to include additional information relating to the
			 allegations therein with the permission of the Board or hearing panel. The
			 respondent shall have the right to file a response to the amended complaint
			 within ten (10) days or within such other time as the Board or said hearing
			 panel may prescribe.
(f)
Report of hearing panel.
If a hearing panel conducts the inquiry
			 pursuant to Subsection (d) of this section of the regulations, such hearing
			 panel shall complete and submit a report to the Board within ten (10) days
			 following the close of evidence and filing of briefs, if any, in such
			 proceeding. The report of the hearing panel shall include:
(1) its conclusions of law and fact upon
			 which its proposed decision is based; and
(2) its proposed decision.
Connecticut Administrative Code › Title 10 - Education and Culture › 4b - Procedures to Implement Section 10-4b of the Connecticut General Statutes as Amended by P.A. 79-128 Section 14 › Section 10-4b-10 - Action by board

Current through July 10, 2024
(a)
No
			 failure or inability.
If the Board determines that the board of
			 education has not failed or is not unable to make reasonable provision to
			 implement the educational interests of the state, the Board shall so state its
			 findings in writing to the parties.
(b)
Failure or inability.
If the
			 Board finds that the board of education has failed or is unable to make
			 reasonable provision to implement the educational interests of the state, the
			 Board shall:
(1) Require that the board of
			 education engage in a remedial process to develop and implement a plan of
			 action through which compliance may be attained. Upon request of the board of
			 education, the Board shall advise and assist the board of education in such
			 remedial process. The plan shall include, but not be limited, to, the
			 following:
(A) A statement of the specific
			 steps that will be undertaken to remedy the failure or inability;
(B) A detailed time-table of the expected
			 dates for compliance with each step described in the plan of action;
			 and
(C) An evaluation process to
			 determine achievement of each step described in the plan of action which shall
			 include, but not be limited to, a schedule of periodic reports to the Board as
			 to the progress of the board of education in meeting the requirements of the
			 plan; or
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-1 - Authority

Current through July 10, 2024
(a) These regulations are authorized by
			 Section
			 10-8a
			 of the Connecticut General Statutes.
(b) Any residential facility which has
			 current State Board of Education approval shall be deemed to be an educational
			 institution exempt from the requirements of Sections 17-48 and 17-51 of the
			 General Statutes, provided that these regulations shall not exempt from the
			 requirements of Sections 17-48 and 17-51 of the General Statutes any facility
			 which maintains a special education program and has or is seeking State Board
			 of Education approval for such program pursuant to Section
			 10-76d.
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-2 - Definitions

Current through July 10, 2024
(a) "Applicant" means a person, board,
			 association, partnership, corporation or other entity seeking to operate a
			 facility exempt from the requirements of Sections 17-48 and 17-51 of the
			 General Statutes.
(b) "Board" means
			 the State Board of Education;
(c)
			 "Commissioner" means the Commissioner of Education;
(d) "Conditional Exemption" means the formal
			 action of the State Board of Education relieving a facility from meeting the
			 requirements of Sections 17-48 and 17-51 of the General Statutes for a period
			 of time not to exceed six months;
(e) "Days" means calendar days;
(f) "Denial" means the formal action of the
			 State Board of Education denying to a facility an exemption from the
			 requirements of Sections 17-48 and 17-51 of the General Statutes pursuant to
			 Section
			 10-8a
			 of the General Statutes;
(g)
			 "Exemption" means the formal action of the State Board of Education relieving a
			 facility from meeting the requirements of Sections 17-48 and 17-51 of the
			 General Statutes pursuant to Section
			 10-8a
			 of the General Statutes for a stated period of time;
(h) "Institution Exempt From Sections 17-48
			 and 17-51 " means a residential educational facility which provides
			 instructional services to primary and/or secondary school-aged children and
			 which
(1) has current State Board of
			 Education approval, or
(2) has
			 obtained a Certificate of Exemption or a Certificate of Conditional Exemption
			 having met the qualifications contained in the regulations which follow,
			 or
(3) is accredited or approved by
			 an association designated by the State Board of Education as a recognized
			 approval agency, provided that no facility which maintains a special education
			 program and has or is seeking State Board of Education approval for such
			 program shall be exempt from the requirements of Sections 17-48 and 17-51 of
			 the General Statutes. A residential facility which provides residential
			 services to primary and/or secondary school-aged children which does not seek
			 and receive State Board of Education approval or has not obtained a Certificate
			 of Exemption or a Certificate of Conditional Exemption shall not be exempt from
			 the requirements of Sections 17-48 and 17-51 of the General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-4 - Exemption procedures

Current through July 10, 2024
(a) Upon receipt of
			 a completed application, the Commissioner shall cause to be conducted an
			 evaluation of the applicant. Within fifteen days following receipt of a
			 completed application, the Commissioner shall appoint an on-site evaluation
			 team and shall notify the applicant in writing of the initiation of the
			 evaluation.
(b) The on-site
			 evaluation shall be conducted by at least one employee of the State Board of
			 Education and at least one other member who is knowledgeable and experienced in
			 the operation of an independent educational institution. The Commissioner may
			 appoint additional on-site evaluators as deemed necessary but in no case shall
			 the on-site evaluation team exceed four persons. The employee of the State
			 Board of Education shall serve as chairperson of the on-site evaluation team.
			 The Commissioner shall provide each evaluator with a copy of the submitted
			 application.
(c) The applicant may
			 challenge any member of the on-site evaluation team for good cause shown. The
			 challenge shall be in writing setting forth the reasons therefor and shall be
			 filed with the Commissioner within seven days following receipt of notice of
			 the appointment of the on-site evaluation team. The Commissioner shall render a
			 decision within seven days of receipt of the challenge.
(d) A statement of evaluation procedures
			 shall be sent to the applicant accompanying the notification of appointment of
			 the on-site evaluation team.
(e)
			 The report of the on-site evaluation team shall be prepared by the chairperson
			 in consultation with each member of the on-site evaluation team. The report
			 shall include the findings of the on-site evaluation team, including
			 commendations and recommendation(s) for improvement, if any, and a
			 recommendation for exemption, conditional exemption or denial. The report shall
			 be submitted to the Commissioner within one hundred and twenty days of the
			 receipt of the completed application.
(f) The Commissioner shall review the report
			 of the on-site evaluation team and may consult any state agency for assistance.
			 The Commissioner shall submit, in writing, to the State Board of Education,
			 his/her recommendation concerning exemption, conditional exemption, or denial.
			 Following action by the State Board of Education, the applicant shall be
			 informed in writing of the exemption, conditional exemption, or denial of
			 exemption within ten days of the action.
(g) The Commissioner shall be permitted to
			 observe an exempted educational institution at any time upon reasonable
			 notice.
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-6 - State board of education action

Current through July 10, 2024
(a) When a facility
			 meets the exemption criteria, the State Board of Education shall issue a
			 Certificate of Exemption stating the duration of that exemption. Such status
			 shall permit a facility to be exempt from the requirements of Sections 17-48
			 and 17-51 of the General Statutes for the stated period of time. Upon receipt
			 of a Certificate of Exemption, the facility shall display clearly the
			 certificate in location visible to students and the public. The certificate
			 shall be non-transferable.
(b) When
			 a facility has failed to meet the exemption criteria but such failure is not
			 due to a serious deficiency, the State Board of Education may issue a
			 Certificate of Conditional Exemption. Such status permits a facility to be
			 exempt from the requirements of Sections 17-48 and 17-51 of the General
			 Statutes for a specified period of time within which the noted deficiency or
			 deficiencies shall be corrected. Within thirty days of the issuance of a
			 Certificate of Conditional Exemption, a corrective plan shall be developed by
			 the facility and submitted to the Commissioner. If approved by the Commissioner
			 a timetable shall be established for implementing the corrective plan, a date
			 set on which an on-site evaluation shall occur, and a date set by which time
			 the application for a Certificate of Exemption shall be considered. In no case
			 shall a Certificate of Conditional Exemption extend beyond six
			 months.
(c) When a facility has
			 failed to meet the exemption criteria and such failure is due to a serious
			 deficiency or deficiencies, the State Board of Education shall deny the
			 application for a Certificate of Exemption. Upon denial said facility shall not
			 be exempt from the requirements of Sections 17-48 and 17-51 of the General
			 Statutes.
(d) In the event of
			 denial or conditional exemption, written notice shall be forwarded to the
			 facility within ten days and shall include the reasons therefor. Said facility
			 may request in writing a hearing by the State Board of Education pursuant to
			 Chapter 54 of the General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-7 - Renewal of exemption

Current through July 10, 2024
(a) In order to
			 maintain exemption from the requirements of Sections 17-48 and 17-51 of the
			 General Statutes, an educational institution which has been exempt for less
			 than three consecutive years shall make application annually for renewal of
			 exemption to the State Board of Education, in such manner as it shall
			 prescribe, at least ninety days prior to the date of termination of the most
			 recent Certificate of Exemption. The procedures and evaluation criteria
			 applicable to initial exemption shall be applicable to renewal of exemption
			 except that the requirement of an on-site evaluation is optional at the
			 discretion of the Commissioner but shall occur not less than once every five
			 years.
(b) In order to maintain
			 exemption from the requirements of Sections 17-48 and 17-51 of the General
			 Statutes, an educational institution which has been exempt for at least three
			 consecutive years shall make application for renewal of exemption for an
			 additional period of up to five years to the State Board of Education, in such
			 manner as it shall prescribe, at least ninety days prior to the date of
			 termination of the most recent Certificate of Exemption. The procedures and
			 evaluation criteria applicable to initial exemption shall be applicable to
			 renewal of exemption except that the requirement of an on-site evaluation is
			 optional at the discretion of the Commissioner but shall occur not less than
			 once every five years.
Connecticut Administrative Code › Title 10 - Education and Culture › 8a - Exemption of Educational Institutions from Licensing Requirements by the Department of Children and Youth Services › Section 10-8a-8 - Revocation and emergency action

Current through July 10, 2024
(a) The
			 Commissioner may serve written notice upon an institution exempt from the
			 requirements of Sections 17-48 and 17-51 of the General Statutes indicating
			 that revocation of a Certificate of Exemption or a Certificate of Conditional
			 Exemption is under consideration if the institution:
(1) is alleged to have failed to comply with
			 applicable local and state laws, ordinances, rules and regulations relating to
			 health, safety, sanitation, fire, zoning and building;
(2) is alleged knowingly to have furnished or
			 made any false or misleading statements to the Commissioner in order to obtain
			 or retain a Certificate of Exemption or a Certificate of Conditional
			 Exemption;
(3) is alleged to have
			 failed or refused to admit the Commissioner of the Department of Children and
			 Youth Services or his designee at any time to investigate a case or cases of
			 suspected child abuse.
Connecticut Administrative Code › Title 10 - Education and Culture › 17h - Programs of Bilingual Education (Revised) › Section 10-17h-2 - Definitions

Current through July 10, 2024
As used in sections
				10-17h-1 to
				10-17h-15,
				inclusive:
(a) "Board of education"
			 means the board of education for any local or regional school
			 district.
(b) "Dominant language"
			 means the language most relied upon for communication in the home and in
			 school.
(c) "Eligible children"
			 means children enrolled in public schools in grades kindergarten to twelve,
			 inclusive, where required programs of bilingual education are or shall be
			 offered, whose dominant language is other than English and whose proficiency in
			 English is not sufficient to assure equal educational opportunity in the
			 regular school program.
(d)
			 "Program of bilingual education" means a required program of instruction in
			 which eligible children are placed until such time as such children attain a
			 level of proficiency in English which is sufficient to assure equal educational
			 opportunity in the regular school program, including, but not limited to,
			 educational experiences to enable eligible children to become proficient in
			 English, subject matter instruction in the dominant language of eligible
			 children, and opportunities for eligible children to participate with and learn
			 from children from other linguistic and cultural backgrounds.
(e) "Regular school program" means the
			 educational program, except required programs of bilingual education.
(f) "Secretary" means the Secretary of the
			 State Board of Education.