2011 Connecticut Code
Title 10 Education and Culture
Chapter 171 Town Management
Sec. 10-241. Powers of school districts.

      Sec. 10-241. Powers of school districts. Each school district shall be a body corporate and shall have power to sue and be sued; to purchase, receive, hold and convey real and personal property for school purposes; to build, equip, purchase and rent schoolhouses and make major repairs thereto and to supply them with fuel, furniture and other appendages and accommodations; to establish and maintain schools of different grades; to establish and maintain a school library; to lay taxes and to borrow money for the purposes herein set forth; to make agreements and regulations for the establishing and conducting of schools not inconsistent with the regulations of the town having jurisdiction of the schools in such district; and to employ teachers, in accordance with the provisions of section 10-151, and pay their salaries. When such board appoints a superintendent, such superintendent may, with the approval of such board, employ the teachers.

      (1949 Rev., S. 1498, 1507; 1953, S. 955d.)

      Annotations to former statutes:

      Every inhabitant of a school district is a party to a suit brought against it and his property may be taken on an execution issued against it. 10 C. 395. See 26 C. 527. A vote laying a tax is sufficiently definite if it is reasonably clear that the tax was imposed for legitimate purposes. 12 C. 437. Districts may sue by the name by which they are generally known. 13 C. 227. What is sufficient warning of meeting of school district. Id., 234. The records of a school district are evidence of its votes in a suit to which it is a party. Id., 235. The votes and proceedings of school districts, if within their jurisdiction, will be liberally construed. 15 C. 332; 454. The character and cost of school buildings, within broad limits, is left to the school district; courts will not interfere with this discretion except in clear cases of abuse. 25 C. 227; 63 C. 131. Extent of discretionary power of school district illustrated. 25 C. 227, 228. Schoolhouse may not be used for religious purposes against objection of taxpayers, and injunction will lie against such use. 27 C. 503; see Sec. 10-239. A school district has all necessary power to establish and maintain a school within its limits. 33 C. 304. District committee must obey the vote of the district as to rooms and teachers; the committee's authority is contingent on the district failing to act. Id. A debt owed by a school district may be taken by foreign attachment. 53 C. 509. Status of teacher as to district defined. Id. School districts are limited in power to raise and expend money for the sole purposes set forth in the statute. 60 C. 234. Right to build sewer and liability for neglect. 72 C. 564. Nature of school district. 73 C. 170; 85 C. 33. Power to borrow money carries with it power to issue negotiable bonds. 101 C. 261. Cited. 103 C. 420. Powers given cannot be circumscribed by vote at a town meeting. Id., 422. History of school district statutes; chapter applies only to towns which have not consolidated school districts. 122 C. 36; see also 77 C. 194.

      The town as the school district of the town of Stamford may be sued. 5 CS 301. Indemnification of a school officer for counsel fees incurred in a libel action. 9 CS 442. Board of education as agent of the state, when. 19 CS 158.

      Annotations to present section:

      Cited. 149 C. 600. Cited. 170 C. 318. Present system of financing public education, principally embodied in section 10-240 and this section, insofar as it purports to delegate to the town of Canton the state's duty to operate and maintain free public schools and raise taxes therefor, violates Article I, Secs. 1, 20 and Article VIII, Sec. 1 of the Connecticut Constitution (See 31 CS 377). 172 C. 615. Cited. 237 C. 169. Cited. 238 C. 1.

      This section insofar as it delegates to Canton the state's duty to operate and maintain free public schools and raise taxes therefor, violates Article I, Sec. 20 and Article VIII, Sec. 1 of Connecticut Constitution. 31 CS 377. Duty to educate is that of state and delegating it will not discharge it. Id.

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