5145.111 - Probation/Police/Courts


Policy 5145.111 

Students

Probation/Police/Courts

Notification to Superintendent when Student Arrested for Felony.  Police who arrest, at any time during the year, an enrolled district student, ages seven to twenty, for a Class A misdemeanor, felony, or for selling, carrying or brandishing a facsimile firearm, are required by C.G.S. 10-233h, as amended by Public Act 94-221, Public Act 95-304, and Public Act 97-149, to notify orally the Superintendent of Schools by the end of the next weekday following the arrest, the identity of the student and the offense or offenses for which the student was arrested and follow up in writing, including a brief description of the incident, not later than seventy-two hours of the arrest.

The Superintendent shall maintain this information confidential in accordance with C.G.S. 46b-124 and in a secure location and disclosed, during the school year, only to the Principal of the school in which such person is a student or to the Principal or supervisory agent of any other school in which the Superintendent knows such person is a student.  The Principal may disclose the information only to special services staff or a consultant (such as a psychiatrist, psychologist, or social worker) for the purpose of assessing the danger posed by such person to himself, other students, school employees, or school property and effectuating an appropriate modification of such person’s educational plan or placement, and for disciplinary purposes. 

Police may testify and provide information related to an arrest at an expulsion hearing if such testimony is requested by the Board of Education or an impartial board conducting the hearing, or by the school principal or student or his/her parent.  Such testimony must be kept confidential in conformity with applicable state statutes.

Attendance of Students Placed on Probation by a Court.  Before allowing a student placed on probation to return to school, the
Connecticut court will request from the Superintendent of Schools information on the attendance, adjustment, and behavior of the student along with the Superintendent’s recommendation for conditions of sentencing or disposition of the case.

School Officials and Probation Investigations.  If requested by the court prior to disposition of a case, the Superintendent of Schools, or designee, shall provide information on a student’s attendance, adjustment, and behavior, and any recommendations regarding the proposed conditions of probation included in the probation officer’s investigation report.

School Attendance As a Condition of Probation.  Under Section 46b-140, a court may include regular school attendance and compliance with school policies on student conduct and discipline as a condition of probation.

Information to Superintendents on a Student Adjudged to be a Delinquent as a Result of Felony.  Under Section 46b-124 of CGS, courts are required to release the identity of a student adjudged a delinquent as a result of felony to the Superintendent of Schools who may only use this information for school placement and disciplinary decisions.

Information to Superintendents on a Student Adjudged to be a Youthful Offender.  Under Section 54-761 of CGS, courts are required to release the identity of a student adjudged a youthful offender to the Superintendent of Schools who may only use this information for school placement and disciplinary decisions.

(cf. 1411  Law Enforcement Agencies)
(cf. 5114  Suspension/Expulsion)

Legal Reference:         Connecticut General Statutes

                                    46b-121 “Juvenile matter” defined Authority of court. Fee.

                                    46b-124 Confidentiality of records of  juvenile matters. Exceptions.

                                    46b-134 Investigation by probation officer prior to disposition of delinquency case. Physical mental and diagnostic examination

                                    46b-140  Disposition upon conviction of child as delinquent.

                                    53-206c 
Sale, carrying and brandishing of facsimile firearms prohibited.  Class B misdemeanor.

                                    54-76l  Records confidential. Exceptions.

                                    10-233a through 10-233g re student suspension, expulsion… Public Act 94-221  Public Act 95-304

                                    10-233h Arrested students. Reports by police to superintendent, disclosure, confidentiality.


Policy adopted: April 6, 2021
Newtown Public Schools


 
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