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General Assembly Substitute Bill No. 1069
January Session, 2019
AN ACT CONCERNING VA RIOUS REVISIONS AND ADDITIONS TO
THE EDUCATION STATUT ES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 10-221d of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) As used in this section and sections 3 and 4 of this act, "eligible 3
school operator" means a school or school district authorized to receive 4
national criminal history record information from the Federal Bureau 5
of Investigation pursuant to P.L. 92-544, and shall include a local or 6
regional board of education, the Technical Education and Career 7
System, the governing council of a state or local charter school, a 8
cooperative arrangement pursuant to section 10-158a and an 9
interdistrict magnet school operator other than an operator who is a 10
third-party not-for-profit corporation approved by the Commissioner 11
of Education. 12
[(a)] (b) Each [local and regional board of education, each governing 13
council of a state or local charter school, each interdistrict magnet 14
school operator and each supervisory agent of a nonpublic school] 15
eligible school operator shall, subject to the provisions of section 31-16
51i, (1) require each applicant for a position [in a public school with 17
such board, council or operator or nonpublic school with such 18 Substitute Bill No. 1069
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supervisory agent] with such eligible school operator to state, in 19
writing, whether such applicant has ever been convicted of a crime or 20
whether criminal charges are pending against such applicant at the 21
time of such application and, if charges are pending, to state the 22
charges and the court in which such charges are pending, (2) require 23
each applicant to submit to a records check of the Department of 24
Children and Families child abuse and neglect registry established 25
pursuant to section 17a-101k, before such applicant may be hired by 26
such [board, council, operator or supervisory agent,] eligible school 27
operator, and (3) on and after July 1, [2017] 2019, require, subject to the 28
provisions of subsection [(d)] (e) of this section, each applicant for a 29
position with such eligible school operator to submit to state and 30
national criminal history records checks within thirty days from the 31
date of employment and may require, subject to the provisions of 32
subsection [(d)] (e) of this section, any person hired prior to said date 33
to submit to state and national criminal history records checks. [, and 34
(4) require each worker (A) placed within a school under a public 35
assistance employment program, (B) employed by a provider of 36
supplemental services pursuant to the No Child Left Behind Act, P.L. 37
107-110, or (C) in a nonpaid, noncertified position completing 38
preparation requirements for the issuance of an educator certificate 39
pursuant to chapter 166, who performs a service involving direct 40
student contact to submit to state and national criminal history records 41
checks within thirty days from the date such worker begins to perform 42
such service.] The criminal history records checks required by this 43
subsection shall be conducted in accordance with section 29-17a. If the 44
[local or regional board of education] eligible school operator receives 45
notice of a conviction of a crime which has not previously been 46
disclosed by such person to the [board, the board] eligible school 47
operator, the eligible school operator may [(i)] (A) terminate the 48
contract of a certified employee, in accordance with the provisions of 49
section 10-151, and [(ii)] (B) dismiss a noncertified employee, provided 50
such employee is notified of the reason for such dismissal. [In addition, 51
if the local or regional board of education] If the eligible school 52
operator receives notice of a conviction of a crime by a person [(I)] 53 Substitute Bill No. 1069
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holding a certificate, authorization or permit issued by the State Board 54
of Education, [(II) employed by a provider of supplemental services, or 55
(III) in a nonpaid, noncertified position completing preparation 56
requirements for the issuance of an educator certificate pursuant to 57
chapter 166, the local or regional board of education] the eligible 58
school operator shall send such notice to the State Board of Education. 59
[The supervisory agent of a nonpublic school shall be responsible for 60
paying the fee charged pursuant to section 29-17a for a state and 61
national criminal history records check required under this section.] 62
The provisions of this subsection shall not be construed to cause an 63
eligible school operator to disseminate the results of any national 64
criminal history records check. 65
[(b) If a local or regional board of education, governing council of a 66
state or local charter school, operator of an interdistrict magnet school, 67
endowed or incorporated academy approved by the State Board of 68
Education pursuant to section 10-34, special education facility 69
approved by the State Board of Education pursuant to section 10-76d, 70
or supervisory agent of a nonpublic school] 71
(c) If an eligible school operator requests, a regional educational 72
service center shall arrange for the fingerprinting of any person 73
required to submit to state and national criminal history records 74
checks pursuant to this section or for conducting any other method of 75
positive identification required by the State Police Bureau of 76
Identification or the Federal Bureau of Investigation and shall forward 77
such fingerprints or other positive identifying information to the State 78
Police Bureau of Identification which shall conduct criminal history 79
records checks in accordance with section 29-17a. Such regional 80
educational service center shall maintain such fingerprints or other 81
positive identifying information, which may be in an electronic format, 82
for a period of four years, at the end of which such fingerprints and 83
positive identifying information shall be destroyed. [Such regional 84
educational service centers] The State Police Bureau of Identification 85
shall provide the results of such checks to such [local or regional board 86 Substitute Bill No. 1069
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of education, governing council of a state or local charter school, 87
operator of an interdistrict magnet school, endowed or incorporated 88
academy, special education facility or supervisory agent of a nonpublic 89
school and to a contractor, in the case of any employee of an applicant 90
contractor subject to such records checks. Such regional educational 91
service centers shall provide such results to any other local or regional 92
board of education or regional educational service center upon the 93
request of such person] eligible school operator. No regional 94
educational service center shall charge a fee for services under this 95
subsection that exceeds any fee that the center may charge any 96
applicant for a position with such center. 97
[(c)] (d) State and national criminal history records checks for 98
substitute teachers completed within one year prior to the date of 99
employment with [a local or regional board of education, council, 100
operator or supervisory agent] an eligible school operator and 101
submitted to the employing [board of education, council, operator or 102
supervisory agent] eligible school operator shall meet the requirements 103
of [subdivision (3) of] subsection [(a)] (b) of this section. [A local or 104
regional board of education, council, operator or supervisory agent] 105
An eligible school operator shall not require substitute teachers to 106
submit to state and national criminal history records checks pursuant 107
to [subdivision (3) of] subsection [(a)] (b) of this section if they are 108
continuously employed by such [local or regional board of education, 109
council, operator or supervisory agent] eligible school operator, 110
provided a substitute teacher is subjected to such checks at least once 111
every five years. For purposes of this section, substitute teachers shall 112
be deemed to be continuously employed by [a local or regional board 113
of education, council, operator or supervisory agent] an eligible school 114
operator if they are employed at least one day of each school year by 115
such [local or regional board of education, council or operator] eligible 116
school operator. 117
[(d)] (e) The provisions of this section shall not apply to (1) a student 118
employed by [the local or regional school district in] the eligible school 119 Substitute Bill No. 1069
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operator that operates a school which the student attends, [school,] or 120
(2) a person employed by [a local or regional board of education] an 121
eligible school operator as a teacher for a noncredit adult class or adult 122
education activity, as defined in section 10-67, who is not required to 123
hold a teaching certificate pursuant to section 10-145b for his or her 124
position. 125
[(e) The State Board of Education shall submit, periodically, a 126
database of applicants for an initial issuance of certificate, 127
authorization or permit pursuant to sections 10-144o to 10-149, 128
inclusive, to the State Police Bureau of Identification. The State Police 129
Bureau of Identification shall conduct a state criminal history records 130
check against such database and notify the State Board of Education of 131
any such applicant who has a criminal conviction. The State Board of 132
Education shall not issue a certificate, authorization or permit until it 133
receives and evaluates the results of such check and may deny an 134
application in accordance with the provisions of subsection (i) of 135
section 10-145b. 136
(f) The State Board of Education shall submit, periodically, a 137
database of all persons who hold certificates, authorizations or permits 138
to the State Police Bureau of Identification. The State Police Bureau of 139
Identification shall conduct a state criminal history records check 140
against such database and shall notify the State Board of Education of 141
any such person who has a criminal conviction. The State Board of 142
Education may revoke the certificate, authorization or permit of such 143
person in accordance with the provisions of subsection (i) of section 10-144
145b. 145
(g) The State Board of Education shall require each applicant 146
seeking an initial issuance or renewal of a certificate, authorization or 147
permit pursuant to sections 10-144o to 10-149, inclusive, to submit to a 148
records check of the Department of Children and Families child abuse 149
and neglect registry established pursuant to section 17a-101k. If 150
notification is received that the applicant is listed as a perpetrator of 151
abuse or neglect on the Department of Children and Families child 152 Substitute Bill No. 1069
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abuse and neglect registry, the board shall deny an application for the 153
certificate, authorization or permit in accordance with the provisions of 154
subsection (i) of section 10-145b, or may revoke the certificate, 155
authorization or permit in accordance with the provisions of said 156
subsection (i).] 157
[(h)] (f) Notwithstanding the provisions of subsection (g) of section 158
31-51i, and to the extent permissible under state and federal laws 159
regarding the dissemination of criminal history records, the 160
[Department] State Board of Education shall, upon request of [a local 161
or regional board of education, governing council of a state or local 162
charter school, an interdistrict magnet school operator or the 163
supervisory agent of a nonpublic school] an eligible school operator, 164
make available to such [local or regional board of education, governing 165
council, interdistrict magnet school operator or supervisory agent of a 166
nonpublic school] eligible school operator requesting information 167
concerning an applicant for a position with such [board, council, 168
operator or supervisory agent] eligible school operator (1) any 169
information concerning the applicant's eligibility for employment in a 170
position with such [board, council, operator or supervisory agent] 171
eligible school operator requiring a certificate, authorization or permit 172
issued pursuant to chapter 166, (2) whether the department has 173
knowledge that the applicant has been disciplined for a finding of 174
abuse or neglect or sexual misconduct, as defined in section 10-222c, 175
and any information concerning such a finding, and (3) whether the 176
department has received notification that the applicant has been 177
convicted of a crime or of criminal charges pending against the 178
applicant and any information concerning such charges. The 179
provisions of this subsection shall not be construed to cause the 180
[department] state board to investigate any such request or 181
disseminate the results of any national criminal history records check. 182
Sec. 2. (NEW) (Effective July 1, 2019) (a) As used in this section and 183
sections 3 and 4 of this act, "nongovernmental school operator" means 184
an operator of an interdistrict magnet school that is a third-party not-185 Substitute Bill No. 1069
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for-profit corporation approved by the Commissioner of Education, 186
the governing council of a state or local charter school, an endowed or 187
incorporated academy approved by the State Board of Education 188
pursuant to section 10-34 of the general statutes, a special education 189
facility approved by the State Board of Education pursuant to section 190
10-76d of the general statutes or the supervisory agent of a nonpublic 191
school. 192
(b) Each nongovernmental school operator shall, subject to the 193
provisions of section 31-51i of the general statutes, (1) require each 194
applicant for a position with such nongovernmental school operator to 195
state, in writing, whether such applicant has ever been convicted of a 196
crime or whether criminal charges are pending against such applicant 197
at the time of such application and, if charges are pending, to state the 198
charges and the court in which such charges are pending, (2) require 199
each applicant to submit to a records check of the Department of 200
Children and Families child abuse and neglect registry established 201
pursuant to section 17a-101k of the general statutes, before such 202
applicant may be hired by such nongovernmental school operator, and 203
(3) on and after July 1, 2019, require, subject to the provisions of 204
subsection (e) of this section, each applicant for a position with such 205
nongovernmental school operator to submit to state and national 206
criminal history records checks within thirty days from the date of 207
employment and may require, subject to the provisions of subsection 208
(e) of this section, any person hired prior to said date to submit to state 209
and national criminal history records checks. The criminal history 210
records checks required by this subsection shall be conducted in 211
accordance with section 29-17a of the general statutes, the federal 212
National Child Protection Act of 1993 and the federal Volunteers for 213
Children Act of 1998. If the nongovernmental school operator receives 214
notice of a conviction of a crime which has not previously been 215
disclosed by such person to the nongovernmental school operator, the 216
nongovernmental school operator may (A) terminate the contract of a 217
certified employee, in accordance with the provisions of section 10-151 218
of the general statutes, if applicable, and (B) dismiss a noncertified 219 Substitute Bill No. 1069
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employee, provided such employee is notified of the reason for such 220
dismissal. If the nongovernmental school operator receives notice of a 221
conviction of a crime by a person holding a certificate, authorization or 222
permit issued by the State Board of Education, the nongovernmental 223
school operator shall send such notice to the State Board of Education. 224
The provisions of this subsection shall not be construed to cause a 225
nongovernmental school operator to disseminate the results of any 226
national criminal history records check. 227
(c) If a nongovernmental school operator requests, a regional 228
educational service center shall arrange for the fingerprinting of any 229
person required to submit to state and national criminal history 230
records checks pursuant to this section or for conducting any other 231
method of positive identification required by the State Police Bureau of 232
Identification or the Federal Bureau of Investigation and shall forward 233
such fingerprints or other positive identifying information to the State 234
Police Bureau of Identification which shall conduct criminal history 235
records checks in accordance with section 29-17a of the general 236
statutes, the federal National Child Protection Act of 1993 and the 237
federal Volunteers for Children Act of 1998. Such regional educational 238
service center shall maintain such fingerprints or other positive 239
identifying information, which may be in an electronic format, for a 240
period of four years, at the end of which such fingerprints and positive 241
identifying information shall be destroyed. The State Police Bureau of 242
Identification shall provide the results of such checks to such 243
nongovernmental school operator. No regional educational service 244
center shall charge a fee for services under this subsection that exceeds 245
any fee that the center may charge any applicant for a position with 246
such center. 247
(d) State and national criminal history records checks for substitute 248
teachers completed within one year prior to the date of employment 249
with a nongovernmental school operator and submitted to the 250
employing nongovernmental school operator shall meet the 251
requirements of subsection (b) of this section. A nongovernmental 252 Substitute Bill No. 1069
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school operator shall not require substitute teachers to submit to state 253
and national criminal history records checks pursuant to subsection (b) 254
of this section if they are continuously employed by such 255
nongovernmental school operator, provided a substitute teacher is 256
subjected to such checks at least once every five years. For purposes of 257
this section, substitute teachers shall be deemed to be continuously 258
employed by a nongovernmental school operator if they are employed 259
at least one day of each school year by such nongovernmental school 260
operator. 261
(e) The provisions of this section shall not apply to (1) a student 262
employed by the nongovernmental school operator that operates a 263
school which the student attends, or (2) a person employed by a 264
nongovernmental school operator as a teacher for a noncredit adult 265
class or adult education activity, as defined in section 10-67 of the 266
general statutes, who is not required to hold a teaching certificate 267
pursuant to section 10-145b of the general statutes for his or her 268
position. 269
(f) Notwithstanding the provisions of subsection (g) of section 31-51i 270
of the general statutes, and to the extent permissible under state and 271
federal laws regarding the dissemination of criminal history records, 272
the State Board of Education shall, upon request of a nongovernmental 273
school operator, make available to such nongovernmental school 274
operator requesting information concerning an applicant for a position 275
with such nongovernmental school operator, (1) any information 276
concerning the applicant's eligibility for employment in a position with 277
such nongovernmental school operator requiring a certificate, 278
authorization or permit issued pursuant to chapter 166 of the general 279
statutes, (2) whether the department has knowledge that the applicant 280
has been disciplined for a finding of abuse or neglect or sexual 281
misconduct, as defined in section 10-222c of the general statutes, and 282
any information concerning such a finding, and (3) whether the 283
department has received notification that the applicant has been 284
convicted of a crime or of criminal charges pending against the 285 Substitute Bill No. 1069
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applicant and any information concerning such charges. The 286
provisions of this subsection shall not be construed to cause the state 287
board to investigate any such request or disseminate the results of any 288
national criminal history records check. 289
Sec. 3. (NEW) (Effective July 1, 2019) (a) Each eligible school operator 290
and nongovernmental school operator shall require each student who 291
is enrolled in a teacher preparation program, as defined in section 10-292
10a of the general statutes, and completing his or her student teaching 293
experience with such eligible school operator or nongovernmental 294
school operator, to (1) state, in writing, whether such student has ever 295
been convicted of a crime or whether criminal charges are pending 296
against such applicant at the time of such application and, if charges 297
are pending, to state the charges and the court in which such charges 298
are pending, (2) submit to a records check of the Department of 299
Children and Families child abuse and neglect registry established 300
pursuant to section 17a-101k of the general statutes, before such 301
student begins such student teaching experience, and (3) on and after 302
July 1, 2019, submit to state and national criminal history records 303
checks within sixty days from the date such student begins to perform 304
such student teaching experience. The criminal history records checks 305
required by this section shall be conducted in accordance with section 306
29-17a of the general statutes. 307
(b) The Commissioner of Emergency Services and Public Protection 308
shall waive the fee for a criminal history records check required under 309
this section. 310
Sec. 4. (NEW) (Effective July 1, 2019) Each eligible school operator or 311
nongovernmental school operator may require any person who will 312
perform a service involving direct contact with students to (1) state, in 313
writing, whether such person has ever been convicted of a crime or 314
whether criminal charges are pending against such applicant at the 315
time of such application and, if charges are pending, to state the 316
charges and the court in which such charges are pending, (2) submit to 317
a records check of the Department of Children and Families child 318 Substitute Bill No. 1069
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abuse and neglect registry established pursuant to section 17a-101k of 319
the general statutes, before such person performs a service involving 320
direct contact with students, and (3) on and after July 1, 2019, submit to 321
state and national criminal history records checks in accordance with 322
section 29-17a of the general statutes and the National Child Protection 323
Act of 1993, P.L. 103-209, as amended from time to time. 324
Sec. 5. (NEW) (Effective July 1, 2019) (a) The State Board of Education 325
shall submit, periodically, to the State Police Bureau of Identification a 326
database providing identification information of each applicant to the 327
board for an initial issuance of certificate, authorization or permit 328
pursuant to sections 10-144o to 10-149, inclusive, of the general 329
statutes. The State Police Bureau of Identification shall conduct a state 330
criminal history records check in accordance with section 29-17a of the 331
general statutes against such database and notify the State Board of 332
Education of any such applicant who has a criminal conviction. The 333
State Board of Education shall not issue a certificate, authorization or 334
permit until the board receives and evaluates the results of such check 335
and may deny an application in accordance with the provisions of 336
subsection (i) of section 10-145b of the general statutes. 337
(b) The State Board of Education shall submit, periodically, to the 338
State Police Bureau of Identification a database providing 339
identification information of each person who holds a certificate, 340
authorization or permit. The State Police Bureau of Identification shall 341
conduct a state criminal history records check in accordance with 342
section 29-17a of the general statutes against such database and shall 343
notify the State Board of Education of any such person who has a 344
criminal conviction. The State Board of Education may revoke the 345
certificate, authorization or permit of such person in accordance with 346
the provisions of subsection (i) of section 10-145b of the general 347
statutes. 348
(c) The State Board of Education shall require each applicant seeking 349
an initial issuance or renewal of a certificate, authorization or permit 350
pursuant to sections 10-144o to 10-149, inclusive, of the general 351 Substitute Bill No. 1069
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statutes, to submit to a records check of the Department of Children 352
and Families child abuse and neglect registry established pursuant to 353
section 17a-101k of the general statutes. If notification is received that 354
the applicant is listed as a perpetrator of abuse or neglect on the 355
Department of Children and Families child abuse and neglect registry, 356
the board shall deny an application for the certificate, authorization or 357
permit in accordance with the provisions of subsection (i) of section 10-358
145b of the general statutes, or may revoke the certificate, 359
authorization or permit in accordance with the provisions of said 360
subsection (i). 361
Sec. 6. (Effective from passage) Not later than January 1, 2020, the 362
Department of Education shall conduct a study concerning the 363
authorization of towns and cooperative arrangements pursuant to 364
section 10-158a of the general statutes to be considered a local 365
education agency for purposes of regional cooperation and in order to 366
maximize efficiencies and cost-savings without establishing a regional 367
school district. The department shall submit a report on its findings 368
and any recommendations for legislation to the joint standing 369
committee of the General Assembly having cognizance of matters 370
relating to education, in accordance with the provisions of section 11-371
4a of the general statutes. 372
Sec. 7. (Effective from passage) Not later than January 1, 2020, the 373
Department of Education shall update the comprehensive school 374
health education component of the Healthy and Balanced Living 375
Curriculum Framework developed by the department in 2006 to 376
include sexual harassment and assault, adolescent relationship abuse 377
and intimate partner violence, and human trafficking and commercial 378
sexual exploitation. 379
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 10-221d
Sec. 2 July 1, 2019 New section Substitute Bill No. 1069
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Sec. 3 July 1, 2019 New section
Sec. 4 July 1, 2019 New section
Sec. 5 July 1, 2019 New section
Sec. 6 from passage New section
Sec. 7 from passage New section
ED Joint Favorable Subst.