Each town shall through its board of education maintain the control of all the public schools within its limits and for this purpose shall be a school district and shall have all the powers and duties of school districts, except so far as such powers and duties are inconsistent with the provisions of this chapter.
(1949 Rev., S. 1497; P.A. 78-218, S. 175.)
History: P.A. 78-218 added phrase “through its board of education” to clarify how control of public schools maintained.
Purpose and effect of consolidation. 82 C. 586; 86 C. 594. Former act had effect of compelling consolidation in certain towns. 122 C. 42. Cited. 149 C. 600; 152 C. 568. Each town is designated as a school district, and has the same powers as a school district to take land for school purposes. 168 C. 135. Present system of financing public education embodied in section; towns have been delegated duty to raise revenue by taxation. 172 C. 615. Cited. 182 C. 253; 210 C. 531; 218 C. 1; 237 C. 169; 238 C. 1.
Cited. 6 CA 212.
Authority to unite schools. 16 CS 336. Section, insofar as it delegates to Canton the state's duty of operating and maintaining free public schools and raising taxes therefor, violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of Connecticut Constitution; state's duty to provide education performed through towns, societies and districts; violative of Connecticut Constitution insofar as it purports to delegate duty of raising taxes to operate public education. 31 CS 377. Local board of education is acting as agent of the town, not as agent of the state, in suit to recover damages for faulty construction of school building and doctrine of sovereign immunity is not applicable. 40 CS 141.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1962–2023 · leading case:
Horton v. Meskill, 376 A.2d 359 (Conn. 1977).
Horton v. Meskill, 376 A.2d 359 (Conn. 1977).
· cites it 9× “The portions of the judgments of the Superior Court material to these appeals declared that the present system of financing public education in Connecticut, principally embodied in §§ 10-240 and 10-241 of the General Statutes, insofar as the system purports to delegate to the…”
Sheff v. O'Neill, 678 A.2d 1267 (Conn. 1996).
· cites it 11× “Since 1941, as a result of a state statute; see General Statutes § 10-240; 9 the public school district boundaries in Hartford have been coterminous with the boundaries of the city of Hartford.”
Heigl v. Bd. of Educ., 587 A.2d 423 (Conn. 1991).
· cites it 4× “The plaintiffs claim, however, that the defendant had a duty, implicit in General Statutes §§ 10-240, 10-184 and 10-15, 7 to supervise the students during the hours for school attendance and, therefore, could not allow *8 them to leave the school without supervision.”
Town of Cheshire v. McKenney, 438 A.2d 88 (Conn. 1980).
· cites it 4× “) Local boards of education act *259 on behalf of the municipality, then, in their function of maintaining control over the public schools within the municipality’s limits. See also General Statutes § 10-220.”
Palosz v. Town of Greenwich, 194 A.3d 885 (Conn. App. Ct. 2018).
· cites it 5× “Conversely, a local board of education acts as an agent of the municipality when it maintains control over the public schools within the municipality's limits pursuant to General Statutes § 10-240. Id., at 258, 438 A.”
Connecticut Coalition for Just. in Educ. Funding, Inc. v. Rell, 990 A.2d 206 (Conn. 2010).
· cites it 2× “They do not diminish the significance of the stipulations and undisputed findings that the Hartford public school system suffers from severe and increasing racial and ethnic isolation, that such isolation is harmful to students of all races, and that the districting statute…”
Bd. of Educ. v. Connecticut State Employees Ret. Comm'n, 556 A.2d 572 (Conn. 1989).
· cites it 4× “Section 10-240 provides: “Each town shall through its board of education maintain the control of all the public schools within its limits and for this purpose shall be a school district and shall have all the powers and duties of school districts .”
Graham v. Friedlander, 223 A.3d 796 (Conn. 2020).
· cites it 5× “General Statutes § 10-240 provides: ‘‘Each town shall through its board of education maintain the control of all the public schools within its limits and for this purpose shall be a school district and shall have all the powers and duties of school districts, except so far as…”
Bd. of Educ. v. City of New Haven, 676 A.2d 375 (Conn. 1996).
· cites it 2× “General Statutes § 10-240. General Statutes § 10-222 (a) provides: “Each local board of education shall prepare an itemized estimate of the cost of maintenance of public schools for the ensuing year and shall submit such estimate to the board of finance in each town or city…”
Bd. of Educ. v. Town of Ellington, 193 A.2d 466 (Conn. 1963).
· cites it 2× “board [of education] may transfer any unexpended or uneontracted-for portion of any appropriation for school purposes to any other item of . . . [the] itemized estimate.” The clear intendment of § 10-222, when read in connection with § 10-220, is that all appropriations for…”
Town of Wallingford v. Bd. of Educ., 210 A.2d 446 (Conn. 1965).
“The town is required to maintain *574 control of all public schools within its limits; § 10-240; and to appropriate the money to run the schools; § 10-222; the expenses of which are paid by the town on order of the board of education.”
Baker v. Kerrigan, 183 A.2d 268 (Conn. 1962).
“G-eneral Statutes §§ 10-240, 10-241. By special act, 26 Special Laws 66, § 1, as amended by 29 Special Laws 408, §48, the legislative power of the town was placed in the E.”
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