General Assembly Raised Bill No. 1139
January Session, 2011 LCO No. 4175
*04175_______ED_*
Referred to Committee on Education
Introduced by:
(ED )
General Assembly
Raised Bill No. 1139
January Session, 2011
LCO No. 4175
*04175_______ED_*
Referred to Committee on Education
Introduced by:
(ED )
AN ACT CONCERNING STRATEGIC PLANNING IN STATE EDUCATION POLICY AND ASSAULTS ON TEACHERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 10-233g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Where there is a physical assault made by a student upon a teacher or other school employee on school property or in performance of school duties and such teacher or employee files a written report with the school principal based upon such assault, the school building principal shall report such physical assault to the local police authority.
(b) No school administrator shall interfere with the right of a teacher or other employee of a board of education to file a complaint with the local police authority in cases of threats of physical violence and in cases of physical assaults by a student against such teacher or employee.
(c) Any principal required to report under the provisions of subsection (a) of this section who fails to make such report to the local police authority shall be fined not less than five hundred dollars nor more than two thousand five hundred dollars and shall be required to participate in an educational and training program pursuant to subsection (d) of this section.
(d) Any principal required to report under the provisions of subsection (a) of this section who fails to make such report to the local police authority shall be required to participate in an educational and training program established by the Commissioner of Education. The program may be provided by one or more private organizations approved by the commissioner, provided the entire costs of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.
Sec. 2. Section 10-236a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Each board of education shall protect and save harmless any member of such board or any teacher or other employee thereof or any member of its supervisory or administrative staff, and the State Board of Education, the Board of Governors of Higher Education, the board of trustees of each state institution and each state agency which employs any teacher, and the managing board of any public school, as defined in section 10-183b, shall protect and save harmless any member of such boards, or any teacher or other employee thereof or any member of its supervisory or administrative staff employed by it, from financial loss and expense, including payment of expenses reasonably incurred for medical or other service necessary as a result of an assault upon such teacher or other employee while such person was acting in the discharge of his or her duties within the scope of his employment or under the direction of such board of education, Board of Governors of Higher Education, board of trustees, state agency, department or managing board, which expenses are not paid by the individual teacher's or employee's insurance, workers' compensation or any other source not involving an expenditure by such teacher or employee.
(b) Any teacher or employee absent from employment as a result of injury sustained during an assault or for a court appearance in connection with such assault shall continue to receive his or her full salary, while so absent, except that the amount of any workers' compensation award may be deducted from salary payments during such absence. The time of such absence shall not be charged against such teacher or employee's sick leave, vacation time or personal leave days.
(c) Any teacher or other employee who has been the victim of an assault by a student while such person was acting in the discharge of his or her duties within the scope of his or her employment or under the direction of such board of education, Board of Governors of Higher Education, board of trustees, state agency, department or managing board may either (1) bring a civil action in the superior court for the judicial district where such teacher or other employee is employed for back wages, employee benefits or other financial loss and expense incurred as a result of such assault; or (2) file a complaint with the chairman of the Workers' Compensation Commission for back wages, employee benefits or other financial loss and expense incurred as a result of such assault.
[(c)] (d) For the purposes of this section, the terms "teacher" and "other employee" shall include any student teacher doing practice teaching under the direction of a teacher employed by a local or regional board of education or by the State Board of Education or Board of Governors of Higher Education, and any member of the faculty or staff or any student employed by The University of Connecticut Health Center or health services.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 10-233g
Sec. 2 October 1, 2011 10-236a
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
10-233g
Sec. 2
October 1, 2011
10-236a
Statement of Purpose:
To impose sanctions and fines on principals who fail to report a physical assault on a teacher or school employee by a student and to permit a teacher or other school employee who has been the victim of a physical assault by a student to file a claim in the Superior Court or file a complaint with the chairman of the Workers' Compensation Commission.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]