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Policy Manual

CHILD PROTECTIVE INVESTIGATIONS
Special Investigations

34-12-5
Educational Neglect

Policy When investigating reports of educational neglect, the investigator shall
  • use the definitions and criteria below to assist in making a determination
  • guide and assist families within the legal mandates
  • enable families to modify their behavior through the use of community services
  • communicate with the local education authority (LEA) to obtain information with regard to the child’s receipt of education and whether the LEA believes educational neglect exists
  • if efforts to remediate in serious situations have failed, transfer the case to a service unit to consider filing educational neglect petitions to secure the authority of the court to modify parental behavior.
Definitions Educational neglect occurs when a parent of a child, age seven through fifteen, interferes with the ability of the child to receive proper care and attention educationally.

Proper care and attention educationally is the consistent receipt of a program of educational services provided by a Local Education Agency (LEA) or by an approved private school or through home instruction in accordance with state Department of Education procedures.

Legal References: CONN. GEN. STAT. §46b-120; and §10-184.

A truant is a child enrolled in a grade from kindergarten to eight, inclusive, in a public or private school who has four unexcused absences from school in any one month or ten unexcused absences from school in any school year.

A habitual truant is any such child who has twenty unexcused absences within a school year.

Legal Reference: CONN. GEN. STAT. §10-198a(a).
Criteria to Determine Educational Neglect The criteria used in determining educational neglect include
  • the child’s age

- A presumption exists that parents or guardians are fully responsible for ensuring education for children age seven (7) through eleven (11). A pattern of unexcused absences shall be considered to be neglect.

Note: For children age twelve (12) through fifteen (15), there is more of a possibility that a pattern of unexcused absences is due to truancy issues rather than educational neglect.
  • parental action, including

- not enrolling the child, age seven (7) through fifteen (15), in school or not providing a home education program

- not assuring that the child gets to school, if enrolled in school

- keeping the child at home, unless providing a home education  program

- refusing or failing to cooperate with LEA efforts, including in-school, outreach efforts, and referrals, to ensure the child’s attendance, as appropriate

- refusing to comply with requirements related to home instruction (see below).
Home Instruction Disputes between parents and the school system regarding home education are not appropriate for protective service intervention unless the parents have refused to comply with the State Department of Education (SDE) standards regarding home instruction and SDE mediation has been unsuccessful.

Connecticut Department of Children and Families                                   Effective Date: May 1, 1997 (Revised)