Connecticut 2019 Regular Session

Connecticut Senate Bill SB01069 Compare Versions

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7+General Assembly Substitute Bill No. 1069
8+January Session, 2019
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4-Substitute Senate Bill No. 1069
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6-Public Act No. 19-91
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914 AN ACT CONCERNING VA RIOUS REVISIONS AND ADDITIONS TO
1015 THE EDUCATION STATUT ES.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
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 Section 10-221d of the general statutes is repealed and the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 Section 10-221d of the general statutes is repealed and the 1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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
275234
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
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308-Public Act No. 19-91 10 of 14
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309239
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
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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
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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
378313
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
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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
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444353
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.
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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+
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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+
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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+
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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.
464482