Any board of education which has received
notification from the State Board of Education pursuant to Section
of the Regulations of Connecticut State Agencies shall submit to the State
Board of Education a plan to correct racial imbalance in the school which has
been determined to be racially imbalanced. All plans shall be subject to the
requirements of this section; provided, however, that any school district so
notified, which has a minority student enrollment of fifty percent or more may,
in lieu of filing a plan, demonstrate that such racially imbalanced school is a
Preparation of the plan.
notification of a determination of racial imbalance, the board of education
shall prepare a policy statement addressing racial imbalance in the school
(2) The board of
education may, in writing, request technical assistance from the Commissioner
of Education for the development of a plan. The Commissioner shall, within the
limits of available resources, provide such assistance.
(3) The board of education shall conduct a
public hearing on its plan prior to submission to the State Board of Education.
Adequate notice of the time and place of such hearing shall be published and a
complete record of such hearing shall be kept.
(4) A plan shall be submitted to the State
Board of Education within 120 days following receipt of notification of a
determination of racial imbalance, except that a school district may request an
extension of time, not to exceed ninety days, if the number of students causing
said imbalance in any school is fewer than five.
Content of the plan.
A plan shall include at least the following items:
(1) The board of education policy statement
addressing racial imbalance in the school district;
(2) A description of the process the board of
education undertook to prepare the plan;
(3) Presentation and analysis of relevant
data, including (A) projections of the racial composition of the public schools
in the school district for the subsequent five-year period under the proposed
plan, (B) analysis of conditions that have caused or are contributing to racial
imbalance in the school district, and (C) analysis of student achievement in
the cited school as compared to other schools in the district;
(4) The proposed methods for eliminating
racial imbalance and for preventing its recurrence in the school district.
These methods may include voluntary interdistrict and intradistrict enrollment
plans acceptable to the State Board of Education as an alternative to mandatory
pupil reassignment, provided any such voluntary enrollment plan addresses
methods which will be used to increase student achievement;
(5) Identification of proposed school
construction and school closings, if any, and an explanation of any impact on
(6) Specific proposals
for minimizing any disruptive effects of plan implementation;
(7) Provisions for monitoring plan
implementation and evaluating plan effectiveness, including procedures for
revising and updating the plan, if necessary;
(8) A timetable for completion of each step
in the plan and for implementation of the plan as a whole;
(9) Demonstration that school district
resources have been equitably allocated among all schools within the district;
(10) Demonstration that any
disparity in student achievement levels among schools is being addressed and a
description of the methods being used to decrease the disparity.
(1) Any inconvenience
caused by implementation of the plan shall not be borne disproportionately by
any single racial minority nor disproportionately by racial minorities as a
whole within the school district.
(2) Implementation of the plan shall not
result in segregation within schools, or among or within programs. Any
substantially disproportionate racial minority representation within school
classes and programs shall (A) be justified solely on the basis of educational
need and (B) occur less than a majority of the time during the school day with
the exception of pupils enrolled in bilingual education.
(3) A plan shall not include reassignment of
pupils whose dominant language is other than English and whose proficiency in
English is limited if such reassignment is a denial of existing participation
in a program of bilingual education.
Upon submission of a plan, a board of
education may request exceptions to one or more of the plan requirements
pursuant to this section. The State Board of Education (A) may grant such
exception when said board finds such exception shall otherwise contribute to
the purposes of Sections
inclusive, of the Connecticut General Statutes; and (B) shall grant such
exception when the plan is in compliance with a final order of a court of
competent jurisdiction or federal administrative agency order which addresses
the requirements of Sections
inclusive, of the Connecticut General Statutes and which addresses the current
condition of racial imbalance found in accordance with Section
of the Regulations of Connecticut State Agencies.