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Senate Judiciary staff urge use of ‘educational institution’ to cover schools, pre‑K, CTE and related programs
Summary
Legal counsel told the Senate Judiciary committee Jan. 27 that Title 16 has no single definition of “school” and recommended the panel draft its own definition—or use a broader term such as “educational institution”—to ensure pre‑K, CTE centers, BOCES and related programs are included.
State legal counsel urged the Senate Judiciary committee on Jan. 27 to draft a custom definition of “school” for Title 16 or adopt a broader term such as “educational institution” so that the statute covers the full range of programs the Legislature may want protected.
Beth St. James, identified in the transcript as representing the Office of Legal Counsel, told the committee that “there is no universal Title 16 definition of ‘school’” and that many subchapters instead define the term only for their own purposes. She said the committee could “create your own definition of school, and we will add whatever you want to add to that definition.”
St. James reviewed return points in Title 16 that commonly define educational settings: public schools (elementary and secondary operated by districts), independent schools (both approved and recognized categories), home‑study programs, approved education and tutorial programs, regional career and technical education (CTE) centers, and postsecondary institutions. She noted Title 16 also defines postsecondary “post secondary school” that covers institutions offering college credit or degrees and that the committee can choose whether to include higher education in its definition.
On a separate statutory provision cited in the transcript as “S 209,” St. James said the draft language appears to operate as a prohibition rather than an affirmative duty to require schools to take an action, and that the Legislature could instead place operating requirements on postsecondary institutions if it intended to do so.
Committee members raised practical questions about programs that straddle definitions. Senator Madison and others asked whether early‑childhood care, Head Start, after‑school programming and summer camps would be swept in. St. James recommended consulting the official with the child‑care portfolio (referred to in the transcript as Katie McClint) and the Department for Children and Families (DCF) because many after‑school and summer programs may be licensed and regulated outside Title 16.
St. James also recommended the committee consider explicitly naming Boards of Cooperative Educational Services (BOCES) and regional CTE centers so those programs are not omitted through technicalities, and she pointed out that some CTE centers operate independently of a traditional public school district.
On the extent of coverage, St. James said the committee must decide whether the definition should extend to “grounds operated by,” school‑sponsored activities, transportation and related programs, or instead rely on narrower distance or program‑specific language. She warned that broad phrases can create legal vagueness and suggested the committee be specific about which programs and places it wants protected.
The committee agreed the definitions on the handout (page 5 of the materials referenced in the transcript) are a useful starting point and asked staff to follow up with officials in child‑care and municipal portfolios for clarification. The session paused to reconvene with the Department of Corrections general counsel at 11 a.m.
