14 | | - | Section 1. Section 10-221d of the general statutes is repealed and the |
---|
15 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
---|
16 | | - | (a) As used in this section and sections 3 and 4 of this act, "eligible |
---|
17 | | - | school operator" means a school or school district authorized to receive |
---|
18 | | - | national criminal history record information from the Federal Bureau |
---|
19 | | - | of Investigation pursuant to P.L. 92-544, and shall include a local or |
---|
20 | | - | regional board of education, the Technical Education and Career |
---|
21 | | - | System, the governing council of a state or local charter school, a |
---|
22 | | - | cooperative arrangement pursuant to section 10-158a and an |
---|
23 | | - | interdistrict magnet school operator other than an operator who is a |
---|
24 | | - | third-party not-for-profit corporation approved by the Commissioner |
---|
25 | | - | of Education. |
---|
26 | | - | [(a)] (b) Each [local and regional board of education, each governing |
---|
27 | | - | council of a state or local charter school, each interdistrict magnet |
---|
28 | | - | school operator and each supervisory agent of a nonpublic school] |
---|
29 | | - | eligible school operator shall, subject to the provisions of section 31- |
---|
30 | | - | 51i, (1) require each applicant for a position [in a public school with Substitute Senate Bill No. 1069 |
---|
| 19 | + | Section 1. Section 10-221d of the general statutes is repealed and the 1 |
---|
| 20 | + | following is substituted in lieu thereof (Effective July 1, 2019): 2 |
---|
| 21 | + | (a) As used in this section and sections 3 and 4 of this act, "eligible 3 |
---|
| 22 | + | school operator" means a school or school district authorized to receive 4 |
---|
| 23 | + | national criminal history record information from the Federal Bureau 5 |
---|
| 24 | + | of Investigation pursuant to P.L. 92-544, and shall include a local or 6 |
---|
| 25 | + | regional board of education, the Technical Education and Career 7 |
---|
| 26 | + | System, the governing council of a state or local charter school, a 8 |
---|
| 27 | + | cooperative arrangement pursuant to section 10-158a and an 9 |
---|
| 28 | + | interdistrict magnet school operator other than an operator who is a 10 |
---|
| 29 | + | third-party not-for-profit corporation approved by the Commissioner 11 |
---|
| 30 | + | of Education. 12 |
---|
| 31 | + | [(a)] (b) Each [local and regional board of education, each governing 13 |
---|
| 32 | + | council of a state or local charter school, each interdistrict magnet 14 |
---|
| 33 | + | school operator and each supervisory agent of a nonpublic school] 15 |
---|
| 34 | + | eligible school operator shall, subject to the provisions of section 31-16 |
---|
| 35 | + | 51i, (1) require each applicant for a position [in a public school with 17 |
---|
| 36 | + | such board, council or operator or nonpublic school with such 18 Substitute Bill No. 1069 |
---|
34 | | - | such board, council or operator or nonpublic school with such |
---|
35 | | - | supervisory agent] with such eligible school operator to state, in |
---|
36 | | - | writing, whether such applicant has ever been convicted of a crime or |
---|
37 | | - | whether criminal charges are pending against such applicant at the |
---|
38 | | - | time of such application and, if charges are pending, to state the |
---|
39 | | - | charges and the court in which such charges are pending, (2) require |
---|
40 | | - | each applicant to submit to a records check of the Department of |
---|
41 | | - | Children and Families child abuse and neglect registry established |
---|
42 | | - | pursuant to section 17a-101k, before such applicant may be hired by |
---|
43 | | - | such [board, council, operator or supervisory agent,] eligible school |
---|
44 | | - | operator, and (3) on and after July 1, [2017] 2019, require, subject to the |
---|
45 | | - | provisions of subsection [(d)] (e) of this section, each applicant for a |
---|
46 | | - | position with such eligible school operator to submit to state and |
---|
47 | | - | national criminal history records checks within thirty days from the |
---|
48 | | - | date of employment and may require, subject to the provisions of |
---|
49 | | - | subsection [(d)] (e) of this section, any person hired prior to said date |
---|
50 | | - | to submit to state and national criminal history records checks. [, and |
---|
51 | | - | (4) require each worker (A) placed within a school under a public |
---|
52 | | - | assistance employment program, (B) employed by a provider of |
---|
53 | | - | supplemental services pursuant to the No Child Left Behind Act, P.L. |
---|
54 | | - | 107-110, or (C) in a nonpaid, noncertified position completing |
---|
55 | | - | preparation requirements for the issuance of an educator certificate |
---|
56 | | - | pursuant to chapter 166, who performs a service involving direct |
---|
57 | | - | student contact to submit to state and national criminal history records |
---|
58 | | - | checks within thirty days from the date such worker begins to perform |
---|
59 | | - | such service.] The criminal history records checks required by this |
---|
60 | | - | subsection shall be conducted in accordance with section 29-17a. If the |
---|
61 | | - | [local or regional board of education] eligible school operator receives |
---|
62 | | - | notice of a conviction of a crime which has not previously been |
---|
63 | | - | disclosed by such person to the [board, the board] eligible school |
---|
64 | | - | operator, the eligible school operator may [(i)] (A) terminate the |
---|
65 | | - | contract of a certified employee, in accordance with the provisions of |
---|
66 | | - | section 10-151, and [(ii)] (B) dismiss a noncertified employee, provided Substitute Senate Bill No. 1069 |
---|
| 39 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 40 | + | R01-SB.docx } |
---|
| 41 | + | 2 of 13 |
---|
68 | | - | Public Act No. 19-91 3 of 14 |
---|
| 43 | + | supervisory agent] with such eligible school operator to state, in 19 |
---|
| 44 | + | writing, whether such applicant has ever been convicted of a crime or 20 |
---|
| 45 | + | whether criminal charges are pending against such applicant at the 21 |
---|
| 46 | + | time of such application and, if charges are pending, to state the 22 |
---|
| 47 | + | charges and the court in which such charges are pending, (2) require 23 |
---|
| 48 | + | each applicant to submit to a records check of the Department of 24 |
---|
| 49 | + | Children and Families child abuse and neglect registry established 25 |
---|
| 50 | + | pursuant to section 17a-101k, before such applicant may be hired by 26 |
---|
| 51 | + | such [board, council, operator or supervisory agent,] eligible school 27 |
---|
| 52 | + | operator, and (3) on and after July 1, [2017] 2019, require, subject to the 28 |
---|
| 53 | + | provisions of subsection [(d)] (e) of this section, each applicant for a 29 |
---|
| 54 | + | position with such eligible school operator to submit to state and 30 |
---|
| 55 | + | national criminal history records checks within thirty days from the 31 |
---|
| 56 | + | date of employment and may require, subject to the provisions of 32 |
---|
| 57 | + | subsection [(d)] (e) of this section, any person hired prior to said date 33 |
---|
| 58 | + | to submit to state and national criminal history records checks. [, and 34 |
---|
| 59 | + | (4) require each worker (A) placed within a school under a public 35 |
---|
| 60 | + | assistance employment program, (B) employed by a provider of 36 |
---|
| 61 | + | supplemental services pursuant to the No Child Left Behind Act, P.L. 37 |
---|
| 62 | + | 107-110, or (C) in a nonpaid, noncertified position completing 38 |
---|
| 63 | + | preparation requirements for the issuance of an educator certificate 39 |
---|
| 64 | + | pursuant to chapter 166, who performs a service involving direct 40 |
---|
| 65 | + | student contact to submit to state and national criminal history records 41 |
---|
| 66 | + | checks within thirty days from the date such worker begins to perform 42 |
---|
| 67 | + | such service.] The criminal history records checks required by this 43 |
---|
| 68 | + | subsection shall be conducted in accordance with section 29-17a. If the 44 |
---|
| 69 | + | [local or regional board of education] eligible school operator receives 45 |
---|
| 70 | + | notice of a conviction of a crime which has not previously been 46 |
---|
| 71 | + | disclosed by such person to the [board, the board] eligible school 47 |
---|
| 72 | + | operator, the eligible school operator may [(i)] (A) terminate the 48 |
---|
| 73 | + | contract of a certified employee, in accordance with the provisions of 49 |
---|
| 74 | + | section 10-151, and [(ii)] (B) dismiss a noncertified employee, provided 50 |
---|
| 75 | + | such employee is notified of the reason for such dismissal. [In addition, 51 |
---|
| 76 | + | if the local or regional board of education] If the eligible school 52 |
---|
| 77 | + | operator receives notice of a conviction of a crime by a person [(I)] 53 Substitute Bill No. 1069 |
---|
70 | | - | such employee is notified of the reason for such dismissal. [In addition, |
---|
71 | | - | if the local or regional board of education] If the eligible school |
---|
72 | | - | operator receives notice of a conviction of a crime by a person [(I)] |
---|
73 | | - | holding a certificate, authorization or permit issued by the State Board |
---|
74 | | - | of Education, [(II) employed by a provider of supplemental services, or |
---|
75 | | - | (III) in a nonpaid, noncertified position completing preparation |
---|
76 | | - | requirements for the issuance of an educator certificate pursuant to |
---|
77 | | - | chapter 166, the local or regional board of education] the eligible |
---|
78 | | - | school operator shall send such notice to the State Board of Education. |
---|
79 | | - | [The supervisory agent of a nonpublic school shall be responsible for |
---|
80 | | - | paying the fee charged pursuant to section 29-17a for a state and |
---|
81 | | - | national criminal history records check required under this section.] |
---|
82 | | - | The provisions of this subsection shall not be construed to cause an |
---|
83 | | - | eligible school operator to disseminate the results of any national |
---|
84 | | - | criminal history records check. |
---|
85 | | - | [(b) If a local or regional board of education, governing council of a |
---|
86 | | - | state or local charter school, operator of an interdistrict magnet school, |
---|
87 | | - | endowed or incorporated academy approved by the State Board of |
---|
88 | | - | Education pursuant to section 10-34, special education facility |
---|
89 | | - | approved by the State Board of Education pursuant to section 10-76d, |
---|
90 | | - | or supervisory agent of a nonpublic school] |
---|
91 | | - | (c) If an eligible school operator requests, a regional educational |
---|
92 | | - | service center shall arrange for the fingerprinting of any person |
---|
93 | | - | required to submit to state and national criminal history records |
---|
94 | | - | checks pursuant to this section or for conducting any other method of |
---|
95 | | - | positive identification required by the State Police Bureau of |
---|
96 | | - | Identification or the Federal Bureau of Investigation and shall forward |
---|
97 | | - | such fingerprints or other positive identifying information to the State |
---|
98 | | - | Police Bureau of Identification which shall conduct criminal history |
---|
99 | | - | records checks in accordance with section 29-17a. Such regional |
---|
100 | | - | educational service center shall maintain such fingerprints or other Substitute Senate Bill No. 1069 |
---|
104 | | - | positive identifying information, which may be in an electronic format, |
---|
105 | | - | for a period of four years, at the end of which such fingerprints and |
---|
106 | | - | positive identifying information shall be destroyed. [Such regional |
---|
107 | | - | educational service centers] The State Police Bureau of Identification |
---|
108 | | - | shall provide the results of such checks to such [local or regional board |
---|
109 | | - | of education, governing council of a state or local charter school, |
---|
110 | | - | operator of an interdistrict magnet school, endowed or incorporated |
---|
111 | | - | academy, special education facility or supervisory agent of a nonpublic |
---|
112 | | - | school and to a contractor, in the case of any employee of an applicant |
---|
113 | | - | contractor subject to such records checks. Such regional educational |
---|
114 | | - | service centers shall provide such results to any other local or regional |
---|
115 | | - | board of education or regional educational service center upon the |
---|
116 | | - | request of such person] eligible school operator. No regional |
---|
117 | | - | educational service center shall charge a fee for services under this |
---|
118 | | - | subsection that exceeds any fee that the center may charge any |
---|
119 | | - | applicant for a position with such center. |
---|
120 | | - | [(c)] (d) State and national criminal history records checks for |
---|
121 | | - | substitute teachers completed within one year prior to the date of |
---|
122 | | - | employment with [a local or regional board of education, council, |
---|
123 | | - | operator or supervisory agent] an eligible school operator and |
---|
124 | | - | submitted to the employing [board of education, council, operator or |
---|
125 | | - | supervisory agent] eligible school operator shall meet the requirements |
---|
126 | | - | of [subdivision (3) of] subsection [(a)] (b) of this section. [A local or |
---|
127 | | - | regional board of education, council, operator or supervisory agent] |
---|
128 | | - | An eligible school operator shall not require substitute teachers to |
---|
129 | | - | submit to state and national criminal history records checks pursuant |
---|
130 | | - | to [subdivision (3) of] subsection [(a)] (b) of this section if they are |
---|
131 | | - | continuously employed by such [local or regional board of education, |
---|
132 | | - | council, operator or supervisory agent] eligible school operator, |
---|
133 | | - | provided a substitute teacher is subjected to such checks at least once |
---|
134 | | - | every five years. For purposes of this section, substitute teachers shall |
---|
135 | | - | be deemed to be continuously employed by [a local or regional board Substitute Senate Bill No. 1069 |
---|
| 84 | + | holding a certificate, authorization or permit issued by the State Board 54 |
---|
| 85 | + | of Education, [(II) employed by a provider of supplemental services, or 55 |
---|
| 86 | + | (III) in a nonpaid, noncertified position completing preparation 56 |
---|
| 87 | + | requirements for the issuance of an educator certificate pursuant to 57 |
---|
| 88 | + | chapter 166, the local or regional board of education] the eligible 58 |
---|
| 89 | + | school operator shall send such notice to the State Board of Education. 59 |
---|
| 90 | + | [The supervisory agent of a nonpublic school shall be responsible for 60 |
---|
| 91 | + | paying the fee charged pursuant to section 29-17a for a state and 61 |
---|
| 92 | + | national criminal history records check required under this section.] 62 |
---|
| 93 | + | The provisions of this subsection shall not be construed to cause an 63 |
---|
| 94 | + | eligible school operator to disseminate the results of any national 64 |
---|
| 95 | + | criminal history records check. 65 |
---|
| 96 | + | [(b) If a local or regional board of education, governing council of a 66 |
---|
| 97 | + | state or local charter school, operator of an interdistrict magnet school, 67 |
---|
| 98 | + | endowed or incorporated academy approved by the State Board of 68 |
---|
| 99 | + | Education pursuant to section 10-34, special education facility 69 |
---|
| 100 | + | approved by the State Board of Education pursuant to section 10-76d, 70 |
---|
| 101 | + | or supervisory agent of a nonpublic school] 71 |
---|
| 102 | + | (c) If an eligible school operator requests, a regional educational 72 |
---|
| 103 | + | service center shall arrange for the fingerprinting of any person 73 |
---|
| 104 | + | required to submit to state and national criminal history records 74 |
---|
| 105 | + | checks pursuant to this section or for conducting any other method of 75 |
---|
| 106 | + | positive identification required by the State Police Bureau of 76 |
---|
| 107 | + | Identification or the Federal Bureau of Investigation and shall forward 77 |
---|
| 108 | + | such fingerprints or other positive identifying information to the State 78 |
---|
| 109 | + | Police Bureau of Identification which shall conduct criminal history 79 |
---|
| 110 | + | records checks in accordance with section 29-17a. Such regional 80 |
---|
| 111 | + | educational service center shall maintain such fingerprints or other 81 |
---|
| 112 | + | positive identifying information, which may be in an electronic format, 82 |
---|
| 113 | + | for a period of four years, at the end of which such fingerprints and 83 |
---|
| 114 | + | positive identifying information shall be destroyed. [Such regional 84 |
---|
| 115 | + | educational service centers] The State Police Bureau of Identification 85 |
---|
| 116 | + | shall provide the results of such checks to such [local or regional board 86 Substitute Bill No. 1069 |
---|
139 | | - | of education, council, operator or supervisory agent] an eligible school |
---|
140 | | - | operator if they are employed at least one day of each school year by |
---|
141 | | - | such [local or regional board of education, council or operator] eligible |
---|
142 | | - | school operator. |
---|
143 | | - | [(d)] (e) The provisions of this section shall not apply to (1) a student |
---|
144 | | - | employed by [the local or regional school district in] the eligible school |
---|
145 | | - | operator that operates a school which the student attends, [school,] or |
---|
146 | | - | (2) a person employed by [a local or regional board of education] an |
---|
147 | | - | eligible school operator as a teacher for a noncredit adult class or adult |
---|
148 | | - | education activity, as defined in section 10-67, who is not required to |
---|
149 | | - | hold a teaching certificate pursuant to section 10-145b for his or her |
---|
150 | | - | position. |
---|
151 | | - | [(e) The State Board of Education shall submit, periodically, a |
---|
152 | | - | database of applicants for an initial issuance of certificate, |
---|
153 | | - | authorization or permit pursuant to sections 10-144o to 10-149, |
---|
154 | | - | inclusive, to the State Police Bureau of Identification. The State Police |
---|
155 | | - | Bureau of Identification shall conduct a state criminal history records |
---|
156 | | - | check against such database and notify the State Board of Education of |
---|
157 | | - | any such applicant who has a criminal conviction. The State Board of |
---|
158 | | - | Education shall not issue a certificate, authorization or permit until it |
---|
159 | | - | receives and evaluates the results of such check and may deny an |
---|
160 | | - | application in accordance with the provisions of subsection (i) of |
---|
161 | | - | section 10-145b. |
---|
162 | | - | (f) The State Board of Education shall submit, periodically, a |
---|
163 | | - | database of all persons who hold certificates, authorizations or permits |
---|
164 | | - | to the State Police Bureau of Identification. The State Police Bureau of |
---|
165 | | - | Identification shall conduct a state criminal history records check |
---|
166 | | - | against such database and shall notify the State Board of Education of |
---|
167 | | - | any such person who has a criminal conviction. The State Board of |
---|
168 | | - | Education may revoke the certificate, authorization or permit of such |
---|
169 | | - | person in accordance with the provisions of subsection (i) of section 10- Substitute Senate Bill No. 1069 |
---|
| 119 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 120 | + | R01-SB.docx } |
---|
| 121 | + | 4 of 13 |
---|
171 | | - | Public Act No. 19-91 6 of 14 |
---|
| 123 | + | of education, governing council of a state or local charter school, 87 |
---|
| 124 | + | operator of an interdistrict magnet school, endowed or incorporated 88 |
---|
| 125 | + | academy, special education facility or supervisory agent of a nonpublic 89 |
---|
| 126 | + | school and to a contractor, in the case of any employee of an applicant 90 |
---|
| 127 | + | contractor subject to such records checks. Such regional educational 91 |
---|
| 128 | + | service centers shall provide such results to any other local or regional 92 |
---|
| 129 | + | board of education or regional educational service center upon the 93 |
---|
| 130 | + | request of such person] eligible school operator. No regional 94 |
---|
| 131 | + | educational service center shall charge a fee for services under this 95 |
---|
| 132 | + | subsection that exceeds any fee that the center may charge any 96 |
---|
| 133 | + | applicant for a position with such center. 97 |
---|
| 134 | + | [(c)] (d) State and national criminal history records checks for 98 |
---|
| 135 | + | substitute teachers completed within one year prior to the date of 99 |
---|
| 136 | + | employment with [a local or regional board of education, council, 100 |
---|
| 137 | + | operator or supervisory agent] an eligible school operator and 101 |
---|
| 138 | + | submitted to the employing [board of education, council, operator or 102 |
---|
| 139 | + | supervisory agent] eligible school operator shall meet the requirements 103 |
---|
| 140 | + | of [subdivision (3) of] subsection [(a)] (b) of this section. [A local or 104 |
---|
| 141 | + | regional board of education, council, operator or supervisory agent] 105 |
---|
| 142 | + | An eligible school operator shall not require substitute teachers to 106 |
---|
| 143 | + | submit to state and national criminal history records checks pursuant 107 |
---|
| 144 | + | to [subdivision (3) of] subsection [(a)] (b) of this section if they are 108 |
---|
| 145 | + | continuously employed by such [local or regional board of education, 109 |
---|
| 146 | + | council, operator or supervisory agent] eligible school operator, 110 |
---|
| 147 | + | provided a substitute teacher is subjected to such checks at least once 111 |
---|
| 148 | + | every five years. For purposes of this section, substitute teachers shall 112 |
---|
| 149 | + | be deemed to be continuously employed by [a local or regional board 113 |
---|
| 150 | + | of education, council, operator or supervisory agent] an eligible school 114 |
---|
| 151 | + | operator if they are employed at least one day of each school year by 115 |
---|
| 152 | + | such [local or regional board of education, council or operator] eligible 116 |
---|
| 153 | + | school operator. 117 |
---|
| 154 | + | [(d)] (e) The provisions of this section shall not apply to (1) a student 118 |
---|
| 155 | + | employed by [the local or regional school district in] the eligible school 119 Substitute Bill No. 1069 |
---|
173 | | - | 145b. |
---|
174 | | - | (g) The State Board of Education shall require each applicant |
---|
175 | | - | seeking an initial issuance or renewal of a certificate, authorization or |
---|
176 | | - | permit pursuant to sections 10-144o to 10-149, inclusive, to submit to a |
---|
177 | | - | records check of the Department of Children and Families child abuse |
---|
178 | | - | and neglect registry established pursuant to section 17a-101k. If |
---|
179 | | - | notification is received that the applicant is listed as a perpetrator of |
---|
180 | | - | abuse or neglect on the Department of Children and Families child |
---|
181 | | - | abuse and neglect registry, the board shall deny an application for the |
---|
182 | | - | certificate, authorization or permit in accordance with the provisions of |
---|
183 | | - | subsection (i) of section 10-145b, or may revoke the certificate, |
---|
184 | | - | authorization or permit in accordance with the provisions of said |
---|
185 | | - | subsection (i).] |
---|
186 | | - | [(h)] (f) Notwithstanding the provisions of subsection (g) of section |
---|
187 | | - | 31-51i, and to the extent permissible under state and federal laws |
---|
188 | | - | regarding the dissemination of criminal history records, the |
---|
189 | | - | [Department] State Board of Education shall, upon request of [a local |
---|
190 | | - | or regional board of education, governing council of a state or local |
---|
191 | | - | charter school, an interdistrict magnet school operator or the |
---|
192 | | - | supervisory agent of a nonpublic school] an eligible school operator, |
---|
193 | | - | make available to such [local or regional board of education, governing |
---|
194 | | - | council, interdistrict magnet school operator or supervisory agent of a |
---|
195 | | - | nonpublic school] eligible school operator requesting information |
---|
196 | | - | concerning an applicant for a position with such [board, council, |
---|
197 | | - | operator or supervisory agent] eligible school operator (1) any |
---|
198 | | - | information concerning the applicant's eligibility for employment in a |
---|
199 | | - | position with such [board, council, operator or supervisory agent] |
---|
200 | | - | eligible school operator requiring a certificate, authorization or permit |
---|
201 | | - | issued pursuant to chapter 166, (2) whether the department has |
---|
202 | | - | knowledge that the applicant has been disciplined for a finding of |
---|
203 | | - | abuse or neglect or sexual misconduct, as defined in section 10-222c, Substitute Senate Bill No. 1069 |
---|
207 | | - | and any information concerning such a finding, and (3) whether the |
---|
208 | | - | department has received notification that the applicant has been |
---|
209 | | - | convicted of a crime or of criminal charges pending against the |
---|
210 | | - | applicant and any information concerning such charges. The |
---|
211 | | - | provisions of this subsection shall not be construed to cause the |
---|
212 | | - | [department] state board to investigate any such request or |
---|
213 | | - | disseminate the results of any national criminal history records check. |
---|
214 | | - | Sec. 2. (NEW) (Effective July 1, 2019) (a) As used in this section and |
---|
215 | | - | sections 3 and 4 of this act, "nongovernmental school operator" means |
---|
216 | | - | an operator of an interdistrict magnet school that is a third-party not- |
---|
217 | | - | for-profit corporation approved by the Commissioner of Education, |
---|
218 | | - | the governing council of a state or local charter school, an endowed or |
---|
219 | | - | incorporated academy approved by the State Board of Education |
---|
220 | | - | pursuant to section 10-34 of the general statutes, a special education |
---|
221 | | - | facility approved by the State Board of Education pursuant to section |
---|
222 | | - | 10-76d of the general statutes or the supervisory agent of a nonpublic |
---|
223 | | - | school. |
---|
224 | | - | (b) Each nongovernmental school operator shall, subject to the |
---|
225 | | - | provisions of section 31-51i of the general statutes, (1) require each |
---|
226 | | - | applicant for a position with such nongovernmental school operator to |
---|
227 | | - | state, in writing, whether such applicant has ever been convicted of a |
---|
228 | | - | crime or whether criminal charges are pending against such applicant |
---|
229 | | - | at the time of such application and, if charges are pending, to state the |
---|
230 | | - | charges and the court in which such charges are pending, (2) require |
---|
231 | | - | each applicant to submit to a records check of the Department of |
---|
232 | | - | Children and Families child abuse and neglect registry established |
---|
233 | | - | pursuant to section 17a-101k of the general statutes, before such |
---|
234 | | - | applicant may be hired by such nongovernmental school operator, and |
---|
235 | | - | (3) on and after July 1, 2019, require, subject to the provisions of |
---|
236 | | - | subsection (e) of this section, each applicant for a position with such |
---|
237 | | - | nongovernmental school operator to submit to state and national Substitute Senate Bill No. 1069 |
---|
| 162 | + | operator that operates a school which the student attends, [school,] or 120 |
---|
| 163 | + | (2) a person employed by [a local or regional board of education] an 121 |
---|
| 164 | + | eligible school operator as a teacher for a noncredit adult class or adult 122 |
---|
| 165 | + | education activity, as defined in section 10-67, who is not required to 123 |
---|
| 166 | + | hold a teaching certificate pursuant to section 10-145b for his or her 124 |
---|
| 167 | + | position. 125 |
---|
| 168 | + | [(e) The State Board of Education shall submit, periodically, a 126 |
---|
| 169 | + | database of applicants for an initial issuance of certificate, 127 |
---|
| 170 | + | authorization or permit pursuant to sections 10-144o to 10-149, 128 |
---|
| 171 | + | inclusive, to the State Police Bureau of Identification. The State Police 129 |
---|
| 172 | + | Bureau of Identification shall conduct a state criminal history records 130 |
---|
| 173 | + | check against such database and notify the State Board of Education of 131 |
---|
| 174 | + | any such applicant who has a criminal conviction. The State Board of 132 |
---|
| 175 | + | Education shall not issue a certificate, authorization or permit until it 133 |
---|
| 176 | + | receives and evaluates the results of such check and may deny an 134 |
---|
| 177 | + | application in accordance with the provisions of subsection (i) of 135 |
---|
| 178 | + | section 10-145b. 136 |
---|
| 179 | + | (f) The State Board of Education shall submit, periodically, a 137 |
---|
| 180 | + | database of all persons who hold certificates, authorizations or permits 138 |
---|
| 181 | + | to the State Police Bureau of Identification. The State Police Bureau of 139 |
---|
| 182 | + | Identification shall conduct a state criminal history records check 140 |
---|
| 183 | + | against such database and shall notify the State Board of Education of 141 |
---|
| 184 | + | any such person who has a criminal conviction. The State Board of 142 |
---|
| 185 | + | Education may revoke the certificate, authorization or permit of such 143 |
---|
| 186 | + | person in accordance with the provisions of subsection (i) of section 10-144 |
---|
| 187 | + | 145b. 145 |
---|
| 188 | + | (g) The State Board of Education shall require each applicant 146 |
---|
| 189 | + | seeking an initial issuance or renewal of a certificate, authorization or 147 |
---|
| 190 | + | permit pursuant to sections 10-144o to 10-149, inclusive, to submit to a 148 |
---|
| 191 | + | records check of the Department of Children and Families child abuse 149 |
---|
| 192 | + | and neglect registry established pursuant to section 17a-101k. If 150 |
---|
| 193 | + | notification is received that the applicant is listed as a perpetrator of 151 |
---|
| 194 | + | abuse or neglect on the Department of Children and Families child 152 Substitute Bill No. 1069 |
---|
241 | | - | criminal history records checks within thirty days from the date of |
---|
242 | | - | employment and may require, subject to the provisions of subsection |
---|
243 | | - | (e) of this section, any person hired prior to said date to submit to state |
---|
244 | | - | and national criminal history records checks. The criminal history |
---|
245 | | - | records checks required by this subsection shall be conducted in |
---|
246 | | - | accordance with section 29-17a of the general statutes, the federal |
---|
247 | | - | National Child Protection Act of 1993 and the federal Volunteers for |
---|
248 | | - | Children Act of 1998. If the nongovernmental school operator receives |
---|
249 | | - | notice of a conviction of a crime which has not previously been |
---|
250 | | - | disclosed by such person to the nongovernmental school operator, the |
---|
251 | | - | nongovernmental school operator may (A) terminate the contract of a |
---|
252 | | - | certified employee, in accordance with the provisions of section 10-151 |
---|
253 | | - | of the general statutes, if applicable, and (B) dismiss a noncertified |
---|
254 | | - | employee, provided such employee is notified of the reason for such |
---|
255 | | - | dismissal. If the nongovernmental school operator receives notice of a |
---|
256 | | - | conviction of a crime by a person holding a certificate, authorization or |
---|
257 | | - | permit issued by the State Board of Education, the nongovernmental |
---|
258 | | - | school operator shall send such notice to the State Board of Education. |
---|
259 | | - | The provisions of this subsection shall not be construed to cause a |
---|
260 | | - | nongovernmental school operator to disseminate the results of any |
---|
261 | | - | national criminal history records check. |
---|
262 | | - | (c) If a nongovernmental school operator requests, a regional |
---|
263 | | - | educational service center shall arrange for the fingerprinting of any |
---|
264 | | - | person required to submit to state and national criminal history |
---|
265 | | - | records checks pursuant to this section or for conducting any other |
---|
266 | | - | method of positive identification required by the State Police Bureau of |
---|
267 | | - | Identification or the Federal Bureau of Investigation and shall forward |
---|
268 | | - | such fingerprints or other positive identifying information to the State |
---|
269 | | - | Police Bureau of Identification which shall conduct criminal history |
---|
270 | | - | records checks in accordance with section 29-17a of the general |
---|
271 | | - | statutes, the federal National Child Protection Act of 1993 and the |
---|
272 | | - | federal Volunteers for Children Act of 1998. Such regional educational Substitute Senate Bill No. 1069 |
---|
| 197 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 198 | + | R01-SB.docx } |
---|
| 199 | + | 6 of 13 |
---|
274 | | - | Public Act No. 19-91 9 of 14 |
---|
| 201 | + | abuse and neglect registry, the board shall deny an application for the 153 |
---|
| 202 | + | certificate, authorization or permit in accordance with the provisions of 154 |
---|
| 203 | + | subsection (i) of section 10-145b, or may revoke the certificate, 155 |
---|
| 204 | + | authorization or permit in accordance with the provisions of said 156 |
---|
| 205 | + | subsection (i).] 157 |
---|
| 206 | + | [(h)] (f) Notwithstanding the provisions of subsection (g) of section 158 |
---|
| 207 | + | 31-51i, and to the extent permissible under state and federal laws 159 |
---|
| 208 | + | regarding the dissemination of criminal history records, the 160 |
---|
| 209 | + | [Department] State Board of Education shall, upon request of [a local 161 |
---|
| 210 | + | or regional board of education, governing council of a state or local 162 |
---|
| 211 | + | charter school, an interdistrict magnet school operator or the 163 |
---|
| 212 | + | supervisory agent of a nonpublic school] an eligible school operator, 164 |
---|
| 213 | + | make available to such [local or regional board of education, governing 165 |
---|
| 214 | + | council, interdistrict magnet school operator or supervisory agent of a 166 |
---|
| 215 | + | nonpublic school] eligible school operator requesting information 167 |
---|
| 216 | + | concerning an applicant for a position with such [board, council, 168 |
---|
| 217 | + | operator or supervisory agent] eligible school operator (1) any 169 |
---|
| 218 | + | information concerning the applicant's eligibility for employment in a 170 |
---|
| 219 | + | position with such [board, council, operator or supervisory agent] 171 |
---|
| 220 | + | eligible school operator requiring a certificate, authorization or permit 172 |
---|
| 221 | + | issued pursuant to chapter 166, (2) whether the department has 173 |
---|
| 222 | + | knowledge that the applicant has been disciplined for a finding of 174 |
---|
| 223 | + | abuse or neglect or sexual misconduct, as defined in section 10-222c, 175 |
---|
| 224 | + | and any information concerning such a finding, and (3) whether the 176 |
---|
| 225 | + | department has received notification that the applicant has been 177 |
---|
| 226 | + | convicted of a crime or of criminal charges pending against the 178 |
---|
| 227 | + | applicant and any information concerning such charges. The 179 |
---|
| 228 | + | provisions of this subsection shall not be construed to cause the 180 |
---|
| 229 | + | [department] state board to investigate any such request or 181 |
---|
| 230 | + | disseminate the results of any national criminal history records check. 182 |
---|
| 231 | + | Sec. 2. (NEW) (Effective July 1, 2019) (a) As used in this section and 183 |
---|
| 232 | + | sections 3 and 4 of this act, "nongovernmental school operator" means 184 |
---|
| 233 | + | an operator of an interdistrict magnet school that is a third-party not-185 Substitute Bill No. 1069 |
---|
276 | | - | service center shall maintain such fingerprints or other positive |
---|
277 | | - | identifying information, which may be in an electronic format, for a |
---|
278 | | - | period of four years, at the end of which such fingerprints and positive |
---|
279 | | - | identifying information shall be destroyed. The State Police Bureau of |
---|
280 | | - | Identification shall provide the results of such checks to such |
---|
281 | | - | nongovernmental school operator. No regional educational service |
---|
282 | | - | center shall charge a fee for services under this subsection that exceeds |
---|
283 | | - | any fee that the center may charge any applicant for a position with |
---|
284 | | - | such center. |
---|
285 | | - | (d) State and national criminal history records checks for substitute |
---|
286 | | - | teachers completed within one year prior to the date of employment |
---|
287 | | - | with a nongovernmental school operator and submitted to the |
---|
288 | | - | employing nongovernmental school operator shall meet the |
---|
289 | | - | requirements of subsection (b) of this section. A nongovernmental |
---|
290 | | - | school operator shall not require substitute teachers to submit to state |
---|
291 | | - | and national criminal history records checks pursuant to subsection (b) |
---|
292 | | - | of this section if they are continuously employed by such |
---|
293 | | - | nongovernmental school operator, provided a substitute teacher is |
---|
294 | | - | subjected to such checks at least once every five years. For purposes of |
---|
295 | | - | this section, substitute teachers shall be deemed to be continuously |
---|
296 | | - | employed by a nongovernmental school operator if they are employed |
---|
297 | | - | at least one day of each school year by such nongovernmental school |
---|
298 | | - | operator. |
---|
299 | | - | (e) The provisions of this section shall not apply to (1) a student |
---|
300 | | - | employed by the nongovernmental school operator that operates a |
---|
301 | | - | school which the student attends, or (2) a person employed by a |
---|
302 | | - | nongovernmental school operator as a teacher for a noncredit adult |
---|
303 | | - | class or adult education activity, as defined in section 10-67 of the |
---|
304 | | - | general statutes, who is not required to hold a teaching certificate |
---|
305 | | - | pursuant to section 10-145b of the general statutes for his or her |
---|
306 | | - | position. Substitute Senate Bill No. 1069 |
---|
310 | | - | (f) Notwithstanding the provisions of subsection (g) of section 31-51i |
---|
311 | | - | of the general statutes, and to the extent permissible under state and |
---|
312 | | - | federal laws regarding the dissemination of criminal history records, |
---|
313 | | - | the State Board of Education shall, upon request of a nongovernmental |
---|
314 | | - | school operator, make available to such nongovernmental school |
---|
315 | | - | operator requesting information concerning an applicant for a position |
---|
316 | | - | with such nongovernmental school operator, (1) any information |
---|
317 | | - | concerning the applicant's eligibility for employment in a position with |
---|
318 | | - | such nongovernmental school operator requiring a certificate, |
---|
319 | | - | authorization or permit issued pursuant to chapter 166 of the general |
---|
320 | | - | statutes, (2) whether the department has knowledge that the applicant |
---|
321 | | - | has been disciplined for a finding of abuse or neglect or sexual |
---|
322 | | - | misconduct, as defined in section 10-222c of the general statutes, and |
---|
323 | | - | any information concerning such a finding, and (3) whether the |
---|
324 | | - | department has received notification that the applicant has been |
---|
325 | | - | convicted of a crime or of criminal charges pending against the |
---|
326 | | - | applicant and any information concerning such charges. The |
---|
327 | | - | provisions of this subsection shall not be construed to cause the state |
---|
328 | | - | board to investigate any such request or disseminate the results of any |
---|
329 | | - | national criminal history records check. |
---|
330 | | - | Sec. 3. (NEW) (Effective July 1, 2019) (a) Each eligible school operator |
---|
331 | | - | and nongovernmental school operator shall require each student who |
---|
332 | | - | is enrolled in a teacher preparation program, as defined in section 10- |
---|
333 | | - | 10a of the general statutes, and completing his or her student teaching |
---|
334 | | - | experience with such eligible school operator or nongovernmental |
---|
335 | | - | school operator, to (1) state, in writing, whether such student has ever |
---|
336 | | - | been convicted of a crime or whether criminal charges are pending |
---|
337 | | - | against such applicant at the time of such application and, if charges |
---|
338 | | - | are pending, to state the charges and the court in which such charges |
---|
339 | | - | are pending, (2) submit to a records check of the Department of |
---|
340 | | - | Children and Families child abuse and neglect registry established |
---|
341 | | - | pursuant to section 17a-101k of the general statutes, before such Substitute Senate Bill No. 1069 |
---|
| 240 | + | for-profit corporation approved by the Commissioner of Education, 186 |
---|
| 241 | + | the governing council of a state or local charter school, an endowed or 187 |
---|
| 242 | + | incorporated academy approved by the State Board of Education 188 |
---|
| 243 | + | pursuant to section 10-34 of the general statutes, a special education 189 |
---|
| 244 | + | facility approved by the State Board of Education pursuant to section 190 |
---|
| 245 | + | 10-76d of the general statutes or the supervisory agent of a nonpublic 191 |
---|
| 246 | + | school. 192 |
---|
| 247 | + | (b) Each nongovernmental school operator shall, subject to the 193 |
---|
| 248 | + | provisions of section 31-51i of the general statutes, (1) require each 194 |
---|
| 249 | + | applicant for a position with such nongovernmental school operator to 195 |
---|
| 250 | + | state, in writing, whether such applicant has ever been convicted of a 196 |
---|
| 251 | + | crime or whether criminal charges are pending against such applicant 197 |
---|
| 252 | + | at the time of such application and, if charges are pending, to state the 198 |
---|
| 253 | + | charges and the court in which such charges are pending, (2) require 199 |
---|
| 254 | + | each applicant to submit to a records check of the Department of 200 |
---|
| 255 | + | Children and Families child abuse and neglect registry established 201 |
---|
| 256 | + | pursuant to section 17a-101k of the general statutes, before such 202 |
---|
| 257 | + | applicant may be hired by such nongovernmental school operator, and 203 |
---|
| 258 | + | (3) on and after July 1, 2019, require, subject to the provisions of 204 |
---|
| 259 | + | subsection (e) of this section, each applicant for a position with such 205 |
---|
| 260 | + | nongovernmental school operator to submit to state and national 206 |
---|
| 261 | + | criminal history records checks within thirty days from the date of 207 |
---|
| 262 | + | employment and may require, subject to the provisions of subsection 208 |
---|
| 263 | + | (e) of this section, any person hired prior to said date to submit to state 209 |
---|
| 264 | + | and national criminal history records checks. The criminal history 210 |
---|
| 265 | + | records checks required by this subsection shall be conducted in 211 |
---|
| 266 | + | accordance with section 29-17a of the general statutes, the federal 212 |
---|
| 267 | + | National Child Protection Act of 1993 and the federal Volunteers for 213 |
---|
| 268 | + | Children Act of 1998. If the nongovernmental school operator receives 214 |
---|
| 269 | + | notice of a conviction of a crime which has not previously been 215 |
---|
| 270 | + | disclosed by such person to the nongovernmental school operator, the 216 |
---|
| 271 | + | nongovernmental school operator may (A) terminate the contract of a 217 |
---|
| 272 | + | certified employee, in accordance with the provisions of section 10-151 218 |
---|
| 273 | + | of the general statutes, if applicable, and (B) dismiss a noncertified 219 Substitute Bill No. 1069 |
---|
345 | | - | student begins such student teaching experience, and (3) on and after |
---|
346 | | - | July 1, 2019, submit to state and national criminal history records |
---|
347 | | - | checks within sixty days from the date such student begins to perform |
---|
348 | | - | such student teaching experience. The criminal history records checks |
---|
349 | | - | required by this section shall be conducted in accordance with section |
---|
350 | | - | 29-17a of the general statutes. |
---|
351 | | - | (b) The Commissioner of Emergency Services and Public Protection |
---|
352 | | - | shall waive the fee for a criminal history records check required under |
---|
353 | | - | this section. |
---|
354 | | - | Sec. 4. (NEW) (Effective July 1, 2019) Each eligible school operator or |
---|
355 | | - | nongovernmental school operator may require any person who will |
---|
356 | | - | perform a service involving direct contact with students to (1) state, in |
---|
357 | | - | writing, whether such person has ever been convicted of a crime or |
---|
358 | | - | whether criminal charges are pending against such applicant at the |
---|
359 | | - | time of such application and, if charges are pending, to state the |
---|
360 | | - | charges and the court in which such charges are pending, (2) submit to |
---|
361 | | - | a records check of the Department of Children and Families child |
---|
362 | | - | abuse and neglect registry established pursuant to section 17a-101k of |
---|
363 | | - | the general statutes, before such person performs a service involving |
---|
364 | | - | direct contact with students, and (3) on and after July 1, 2019, submit to |
---|
365 | | - | state and national criminal history records checks in accordance with |
---|
366 | | - | section 29-17a of the general statutes and the National Child Protection |
---|
367 | | - | Act of 1993, P.L. 103-209, as amended from time to time. |
---|
368 | | - | Sec. 5. (NEW) (Effective July 1, 2019) (a) The State Board of Education |
---|
369 | | - | shall submit, periodically, to the State Police Bureau of Identification a |
---|
370 | | - | database providing identification information of each applicant to the |
---|
371 | | - | board for an initial issuance of certificate, authorization or permit |
---|
372 | | - | pursuant to sections 10-144o to 10-149, inclusive, of the general |
---|
373 | | - | statutes. The State Police Bureau of Identification shall conduct a state |
---|
374 | | - | criminal history records check in accordance with section 29-17a of the |
---|
375 | | - | general statutes against such database and notify the State Board of Substitute Senate Bill No. 1069 |
---|
| 276 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 277 | + | R01-SB.docx } |
---|
| 278 | + | 8 of 13 |
---|
377 | | - | Public Act No. 19-91 12 of 14 |
---|
| 280 | + | employee, provided such employee is notified of the reason for such 220 |
---|
| 281 | + | dismissal. If the nongovernmental school operator receives notice of a 221 |
---|
| 282 | + | conviction of a crime by a person holding a certificate, authorization or 222 |
---|
| 283 | + | permit issued by the State Board of Education, the nongovernmental 223 |
---|
| 284 | + | school operator shall send such notice to the State Board of Education. 224 |
---|
| 285 | + | The provisions of this subsection shall not be construed to cause a 225 |
---|
| 286 | + | nongovernmental school operator to disseminate the results of any 226 |
---|
| 287 | + | national criminal history records check. 227 |
---|
| 288 | + | (c) If a nongovernmental school operator requests, a regional 228 |
---|
| 289 | + | educational service center shall arrange for the fingerprinting of any 229 |
---|
| 290 | + | person required to submit to state and national criminal history 230 |
---|
| 291 | + | records checks pursuant to this section or for conducting any other 231 |
---|
| 292 | + | method of positive identification required by the State Police Bureau of 232 |
---|
| 293 | + | Identification or the Federal Bureau of Investigation and shall forward 233 |
---|
| 294 | + | such fingerprints or other positive identifying information to the State 234 |
---|
| 295 | + | Police Bureau of Identification which shall conduct criminal history 235 |
---|
| 296 | + | records checks in accordance with section 29-17a of the general 236 |
---|
| 297 | + | statutes, the federal National Child Protection Act of 1993 and the 237 |
---|
| 298 | + | federal Volunteers for Children Act of 1998. Such regional educational 238 |
---|
| 299 | + | service center shall maintain such fingerprints or other positive 239 |
---|
| 300 | + | identifying information, which may be in an electronic format, for a 240 |
---|
| 301 | + | period of four years, at the end of which such fingerprints and positive 241 |
---|
| 302 | + | identifying information shall be destroyed. The State Police Bureau of 242 |
---|
| 303 | + | Identification shall provide the results of such checks to such 243 |
---|
| 304 | + | nongovernmental school operator. No regional educational service 244 |
---|
| 305 | + | center shall charge a fee for services under this subsection that exceeds 245 |
---|
| 306 | + | any fee that the center may charge any applicant for a position with 246 |
---|
| 307 | + | such center. 247 |
---|
| 308 | + | (d) State and national criminal history records checks for substitute 248 |
---|
| 309 | + | teachers completed within one year prior to the date of employment 249 |
---|
| 310 | + | with a nongovernmental school operator and submitted to the 250 |
---|
| 311 | + | employing nongovernmental school operator shall meet the 251 |
---|
| 312 | + | requirements of subsection (b) of this section. A nongovernmental 252 Substitute Bill No. 1069 |
---|
379 | | - | Education of any such applicant who has a criminal conviction. The |
---|
380 | | - | State Board of Education shall not issue a certificate, authorization or |
---|
381 | | - | permit until the board receives and evaluates the results of such check |
---|
382 | | - | and may deny an application in accordance with the provisions of |
---|
383 | | - | subsection (i) of section 10-145b of the general statutes. |
---|
384 | | - | (b) The State Board of Education shall submit, periodically, to the |
---|
385 | | - | State Police Bureau of Identification a database providing |
---|
386 | | - | identification information of each person who holds a certificate, |
---|
387 | | - | authorization or permit. The State Police Bureau of Identification shall |
---|
388 | | - | conduct a state criminal history records check in accordance with |
---|
389 | | - | section 29-17a of the general statutes against such database and shall |
---|
390 | | - | notify the State Board of Education of any such person who has a |
---|
391 | | - | criminal conviction. The State Board of Education may revoke the |
---|
392 | | - | certificate, authorization or permit of such person in accordance with |
---|
393 | | - | the provisions of subsection (i) of section 10-145b of the general |
---|
394 | | - | statutes. |
---|
395 | | - | (c) The State Board of Education shall require each applicant seeking |
---|
396 | | - | an initial issuance or renewal of a certificate, authorization or permit |
---|
397 | | - | pursuant to sections 10-144o to 10-149, inclusive, of the general |
---|
398 | | - | statutes, to submit to a records check of the Department of Children |
---|
399 | | - | and Families child abuse and neglect registry established pursuant to |
---|
400 | | - | section 17a-101k of the general statutes. If notification is received that |
---|
401 | | - | the applicant is listed as a perpetrator of abuse or neglect on the |
---|
402 | | - | Department of Children and Families child abuse and neglect registry, |
---|
403 | | - | the board shall deny an application for the certificate, authorization or |
---|
404 | | - | permit in accordance with the provisions of subsection (i) of section 10- |
---|
405 | | - | 145b of the general statutes, or may revoke the certificate, |
---|
406 | | - | authorization or permit in accordance with the provisions of said |
---|
407 | | - | subsection (i). |
---|
408 | | - | Sec. 6. (Effective from passage) Not later than January 1, 2020, the |
---|
409 | | - | Department of Education shall conduct a study concerning the Substitute Senate Bill No. 1069 |
---|
413 | | - | authorization of towns and cooperative arrangements pursuant to |
---|
414 | | - | section 10-158a of the general statutes to be considered a local |
---|
415 | | - | education agency for purposes of regional cooperation and in order to |
---|
416 | | - | maximize efficiencies and cost-savings without establishing a regional |
---|
417 | | - | school district. The department shall submit a report on its findings |
---|
418 | | - | and any recommendations for legislation to the joint standing |
---|
419 | | - | committee of the General Assembly having cognizance of matters |
---|
420 | | - | relating to education, in accordance with the provisions of section 11- |
---|
421 | | - | 4a of the general statutes. |
---|
422 | | - | Sec. 7. (Effective from passage) Not later than January 1, 2020, the |
---|
423 | | - | Department of Education shall update the comprehensive school |
---|
424 | | - | health education component of the Healthy and Balanced Living |
---|
425 | | - | Curriculum Framework developed by the department in 2006 to |
---|
426 | | - | include sexual harassment and assault, adolescent relationship abuse |
---|
427 | | - | and intimate partner violence, and human trafficking and commercial |
---|
428 | | - | sexual exploitation. |
---|
429 | | - | Sec. 8. Subdivision (3) of subsection (b) of section 10-223j of the |
---|
430 | | - | general statutes is repealed and the following is substituted in lieu |
---|
431 | | - | thereof (Effective July 1, 2019): |
---|
432 | | - | (3) Terms of voting members elected pursuant to this subsection |
---|
433 | | - | shall be for two years and no members shall serve more than [two] |
---|
434 | | - | four terms on the council. The nonvoting student members shall serve |
---|
435 | | - | one year and no student member shall serve more than two terms on |
---|
436 | | - | the council. |
---|
437 | | - | Sec. 9. Subdivision (1) of subsection (a) of section 10-233d of the |
---|
438 | | - | general statutes is repealed and the following is substituted in lieu |
---|
439 | | - | thereof (Effective July 1, 2019): |
---|
440 | | - | (a) (1) Any local or regional board of education, at a meeting at |
---|
441 | | - | which three or more members of such board are present, or the Substitute Senate Bill No. 1069 |
---|
| 319 | + | school operator shall not require substitute teachers to submit to state 253 |
---|
| 320 | + | and national criminal history records checks pursuant to subsection (b) 254 |
---|
| 321 | + | of this section if they are continuously employed by such 255 |
---|
| 322 | + | nongovernmental school operator, provided a substitute teacher is 256 |
---|
| 323 | + | subjected to such checks at least once every five years. For purposes of 257 |
---|
| 324 | + | this section, substitute teachers shall be deemed to be continuously 258 |
---|
| 325 | + | employed by a nongovernmental school operator if they are employed 259 |
---|
| 326 | + | at least one day of each school year by such nongovernmental school 260 |
---|
| 327 | + | operator. 261 |
---|
| 328 | + | (e) The provisions of this section shall not apply to (1) a student 262 |
---|
| 329 | + | employed by the nongovernmental school operator that operates a 263 |
---|
| 330 | + | school which the student attends, or (2) a person employed by a 264 |
---|
| 331 | + | nongovernmental school operator as a teacher for a noncredit adult 265 |
---|
| 332 | + | class or adult education activity, as defined in section 10-67 of the 266 |
---|
| 333 | + | general statutes, who is not required to hold a teaching certificate 267 |
---|
| 334 | + | pursuant to section 10-145b of the general statutes for his or her 268 |
---|
| 335 | + | position. 269 |
---|
| 336 | + | (f) Notwithstanding the provisions of subsection (g) of section 31-51i 270 |
---|
| 337 | + | of the general statutes, and to the extent permissible under state and 271 |
---|
| 338 | + | federal laws regarding the dissemination of criminal history records, 272 |
---|
| 339 | + | the State Board of Education shall, upon request of a nongovernmental 273 |
---|
| 340 | + | school operator, make available to such nongovernmental school 274 |
---|
| 341 | + | operator requesting information concerning an applicant for a position 275 |
---|
| 342 | + | with such nongovernmental school operator, (1) any information 276 |
---|
| 343 | + | concerning the applicant's eligibility for employment in a position with 277 |
---|
| 344 | + | such nongovernmental school operator requiring a certificate, 278 |
---|
| 345 | + | authorization or permit issued pursuant to chapter 166 of the general 279 |
---|
| 346 | + | statutes, (2) whether the department has knowledge that the applicant 280 |
---|
| 347 | + | has been disciplined for a finding of abuse or neglect or sexual 281 |
---|
| 348 | + | misconduct, as defined in section 10-222c of the general statutes, and 282 |
---|
| 349 | + | any information concerning such a finding, and (3) whether the 283 |
---|
| 350 | + | department has received notification that the applicant has been 284 |
---|
| 351 | + | convicted of a crime or of criminal charges pending against the 285 Substitute Bill No. 1069 |
---|
445 | | - | impartial hearing board established pursuant to subsection (b) of this |
---|
446 | | - | section, may expel, subject to the provisions of this subsection, any |
---|
447 | | - | pupil in grades three to twelve, inclusive, whose conduct on school |
---|
448 | | - | grounds or at a school-sponsored activity is violative of a publicized |
---|
449 | | - | policy of such board [or] and is seriously disruptive of the educational |
---|
450 | | - | process or endangers persons or property or whose conduct off school |
---|
451 | | - | grounds is violative of such policy and is seriously disruptive of the |
---|
452 | | - | educational process, provided a majority of the board members sitting |
---|
453 | | - | in the expulsion hearing vote to expel and that at least three |
---|
454 | | - | affirmative votes for expulsion are cast. In making a determination as |
---|
455 | | - | to whether conduct is seriously disruptive of the educational process, |
---|
456 | | - | the board of education or impartial hearing board may consider, but |
---|
457 | | - | such consideration shall not be limited to: (A) Whether the incident |
---|
458 | | - | occurred within close proximity of a school; (B) whether other students |
---|
459 | | - | from the school were involved or whether there was any gang |
---|
460 | | - | involvement; (C) whether the conduct involved violence, threats of |
---|
461 | | - | violence or the unlawful use of a weapon, as defined in section 29-38, |
---|
462 | | - | and whether any injuries occurred; and (D) whether the conduct |
---|
463 | | - | involved the use of alcohol. |
---|
| 354 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 355 | + | R01-SB.docx } |
---|
| 356 | + | 10 of 13 |
---|
| 357 | + | |
---|
| 358 | + | applicant and any information concerning such charges. The 286 |
---|
| 359 | + | provisions of this subsection shall not be construed to cause the state 287 |
---|
| 360 | + | board to investigate any such request or disseminate the results of any 288 |
---|
| 361 | + | national criminal history records check. 289 |
---|
| 362 | + | Sec. 3. (NEW) (Effective July 1, 2019) (a) Each eligible school operator 290 |
---|
| 363 | + | and nongovernmental school operator shall require each student who 291 |
---|
| 364 | + | is enrolled in a teacher preparation program, as defined in section 10-292 |
---|
| 365 | + | 10a of the general statutes, and completing his or her student teaching 293 |
---|
| 366 | + | experience with such eligible school operator or nongovernmental 294 |
---|
| 367 | + | school operator, to (1) state, in writing, whether such student has ever 295 |
---|
| 368 | + | been convicted of a crime or whether criminal charges are pending 296 |
---|
| 369 | + | against such applicant at the time of such application and, if charges 297 |
---|
| 370 | + | are pending, to state the charges and the court in which such charges 298 |
---|
| 371 | + | are pending, (2) submit to a records check of the Department of 299 |
---|
| 372 | + | Children and Families child abuse and neglect registry established 300 |
---|
| 373 | + | pursuant to section 17a-101k of the general statutes, before such 301 |
---|
| 374 | + | student begins such student teaching experience, and (3) on and after 302 |
---|
| 375 | + | July 1, 2019, submit to state and national criminal history records 303 |
---|
| 376 | + | checks within sixty days from the date such student begins to perform 304 |
---|
| 377 | + | such student teaching experience. The criminal history records checks 305 |
---|
| 378 | + | required by this section shall be conducted in accordance with section 306 |
---|
| 379 | + | 29-17a of the general statutes. 307 |
---|
| 380 | + | (b) The Commissioner of Emergency Services and Public Protection 308 |
---|
| 381 | + | shall waive the fee for a criminal history records check required under 309 |
---|
| 382 | + | this section. 310 |
---|
| 383 | + | Sec. 4. (NEW) (Effective July 1, 2019) Each eligible school operator or 311 |
---|
| 384 | + | nongovernmental school operator may require any person who will 312 |
---|
| 385 | + | perform a service involving direct contact with students to (1) state, in 313 |
---|
| 386 | + | writing, whether such person has ever been convicted of a crime or 314 |
---|
| 387 | + | whether criminal charges are pending against such applicant at the 315 |
---|
| 388 | + | time of such application and, if charges are pending, to state the 316 |
---|
| 389 | + | charges and the court in which such charges are pending, (2) submit to 317 |
---|
| 390 | + | a records check of the Department of Children and Families child 318 Substitute Bill No. 1069 |
---|
| 391 | + | |
---|
| 392 | + | |
---|
| 393 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 394 | + | R01-SB.docx } |
---|
| 395 | + | 11 of 13 |
---|
| 396 | + | |
---|
| 397 | + | abuse and neglect registry established pursuant to section 17a-101k of 319 |
---|
| 398 | + | the general statutes, before such person performs a service involving 320 |
---|
| 399 | + | direct contact with students, and (3) on and after July 1, 2019, submit to 321 |
---|
| 400 | + | state and national criminal history records checks in accordance with 322 |
---|
| 401 | + | section 29-17a of the general statutes and the National Child Protection 323 |
---|
| 402 | + | Act of 1993, P.L. 103-209, as amended from time to time. 324 |
---|
| 403 | + | Sec. 5. (NEW) (Effective July 1, 2019) (a) The State Board of Education 325 |
---|
| 404 | + | shall submit, periodically, to the State Police Bureau of Identification a 326 |
---|
| 405 | + | database providing identification information of each applicant to the 327 |
---|
| 406 | + | board for an initial issuance of certificate, authorization or permit 328 |
---|
| 407 | + | pursuant to sections 10-144o to 10-149, inclusive, of the general 329 |
---|
| 408 | + | statutes. The State Police Bureau of Identification shall conduct a state 330 |
---|
| 409 | + | criminal history records check in accordance with section 29-17a of the 331 |
---|
| 410 | + | general statutes against such database and notify the State Board of 332 |
---|
| 411 | + | Education of any such applicant who has a criminal conviction. The 333 |
---|
| 412 | + | State Board of Education shall not issue a certificate, authorization or 334 |
---|
| 413 | + | permit until the board receives and evaluates the results of such check 335 |
---|
| 414 | + | and may deny an application in accordance with the provisions of 336 |
---|
| 415 | + | subsection (i) of section 10-145b of the general statutes. 337 |
---|
| 416 | + | (b) The State Board of Education shall submit, periodically, to the 338 |
---|
| 417 | + | State Police Bureau of Identification a database providing 339 |
---|
| 418 | + | identification information of each person who holds a certificate, 340 |
---|
| 419 | + | authorization or permit. The State Police Bureau of Identification shall 341 |
---|
| 420 | + | conduct a state criminal history records check in accordance with 342 |
---|
| 421 | + | section 29-17a of the general statutes against such database and shall 343 |
---|
| 422 | + | notify the State Board of Education of any such person who has a 344 |
---|
| 423 | + | criminal conviction. The State Board of Education may revoke the 345 |
---|
| 424 | + | certificate, authorization or permit of such person in accordance with 346 |
---|
| 425 | + | the provisions of subsection (i) of section 10-145b of the general 347 |
---|
| 426 | + | statutes. 348 |
---|
| 427 | + | (c) The State Board of Education shall require each applicant seeking 349 |
---|
| 428 | + | an initial issuance or renewal of a certificate, authorization or permit 350 |
---|
| 429 | + | pursuant to sections 10-144o to 10-149, inclusive, of the general 351 Substitute Bill No. 1069 |
---|
| 430 | + | |
---|
| 431 | + | |
---|
| 432 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 433 | + | R01-SB.docx } |
---|
| 434 | + | 12 of 13 |
---|
| 435 | + | |
---|
| 436 | + | statutes, to submit to a records check of the Department of Children 352 |
---|
| 437 | + | and Families child abuse and neglect registry established pursuant to 353 |
---|
| 438 | + | section 17a-101k of the general statutes. If notification is received that 354 |
---|
| 439 | + | the applicant is listed as a perpetrator of abuse or neglect on the 355 |
---|
| 440 | + | Department of Children and Families child abuse and neglect registry, 356 |
---|
| 441 | + | the board shall deny an application for the certificate, authorization or 357 |
---|
| 442 | + | permit in accordance with the provisions of subsection (i) of section 10-358 |
---|
| 443 | + | 145b of the general statutes, or may revoke the certificate, 359 |
---|
| 444 | + | authorization or permit in accordance with the provisions of said 360 |
---|
| 445 | + | subsection (i). 361 |
---|
| 446 | + | Sec. 6. (Effective from passage) Not later than January 1, 2020, the 362 |
---|
| 447 | + | Department of Education shall conduct a study concerning the 363 |
---|
| 448 | + | authorization of towns and cooperative arrangements pursuant to 364 |
---|
| 449 | + | section 10-158a of the general statutes to be considered a local 365 |
---|
| 450 | + | education agency for purposes of regional cooperation and in order to 366 |
---|
| 451 | + | maximize efficiencies and cost-savings without establishing a regional 367 |
---|
| 452 | + | school district. The department shall submit a report on its findings 368 |
---|
| 453 | + | and any recommendations for legislation to the joint standing 369 |
---|
| 454 | + | committee of the General Assembly having cognizance of matters 370 |
---|
| 455 | + | relating to education, in accordance with the provisions of section 11-371 |
---|
| 456 | + | 4a of the general statutes. 372 |
---|
| 457 | + | Sec. 7. (Effective from passage) Not later than January 1, 2020, the 373 |
---|
| 458 | + | Department of Education shall update the comprehensive school 374 |
---|
| 459 | + | health education component of the Healthy and Balanced Living 375 |
---|
| 460 | + | Curriculum Framework developed by the department in 2006 to 376 |
---|
| 461 | + | include sexual harassment and assault, adolescent relationship abuse 377 |
---|
| 462 | + | and intimate partner violence, and human trafficking and commercial 378 |
---|
| 463 | + | sexual exploitation. 379 |
---|
| 464 | + | This act shall take effect as follows and shall amend the following |
---|
| 465 | + | sections: |
---|
| 466 | + | |
---|
| 467 | + | Section 1 July 1, 2019 10-221d |
---|
| 468 | + | Sec. 2 July 1, 2019 New section Substitute Bill No. 1069 |
---|
| 469 | + | |
---|
| 470 | + | |
---|
| 471 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01069- |
---|
| 472 | + | R01-SB.docx } |
---|
| 473 | + | 13 of 13 |
---|
| 474 | + | |
---|
| 475 | + | Sec. 3 July 1, 2019 New section |
---|
| 476 | + | Sec. 4 July 1, 2019 New section |
---|
| 477 | + | Sec. 5 July 1, 2019 New section |
---|
| 478 | + | Sec. 6 from passage New section |
---|
| 479 | + | Sec. 7 from passage New section |
---|
| 480 | + | |
---|
| 481 | + | ED Joint Favorable Subst. |
---|