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General Assembly Raised Bill No. 5243
February Session, 2022
LCO No. 1266
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING ADULT SEXUAL MISCONDUCT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) For the school year 1
commencing July 1, 2022, and biennially thereafter, the Department of 2
Public Health shall administer the Connecticut School Health Survey to 3
students in grades nine to twelve, inclusive, provided the department 4
receives funding from the federal Centers for Disease Control and 5
Prevention for such purpose. The survey shall be based on the Youth 6
Risk Behavior Survey developed by the federal Centers for Disease 7
Control and Prevention. The department shall provide guidelines to the 8
local or regional board of education regarding the administration of the 9
survey to those high schools selected at random by the federal Centers 10
for Disease Control and Prevention. Such local or regional board of 11
education shall administer the survey to each high school selected to 12
participate in the survey in accordance with the guidelines provided by 13
the department, including, but not be limited to, (1) the survey protocol 14
as required by the federal Centers for Disease Control and Prevention, 15
(2) the requirement to provide parents the opportunity to exclude their 16
children from the survey by denying permission in writing, on a form 17 Raised Bill No. 5243
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prescribed by the department, (3) the requirement for the survey to be 18
anonymous and administered in a manner designed to protect student 19
privacy, (4) the timeframe for completion of the survey, and (5) the 20
process by which the results of such survey are to be submitted to the 21
department. 22
(b) The department, in consultation with the Department of Mental 23
Health and Addiction Services, the Office of Early Childhood, the 24
Department of Children and Families, the Department of Education and 25
any other agency or public interest group the department deems 26
necessary, may develop additional survey questions to be included as 27
part of the Connecticut School Health Survey that are relevant to the 28
health concerns of high school students in the state. 29
Sec. 2. (NEW) (Effective July 1, 2022) Not later than October 1, 2022, 30
the Child Advocate, in consultation with the Department of Public 31
Health, shall develop and update, as necessary, questions designed to 32
assess the risk of youths becoming victims of sexual assault or 33
misconduct by an adult. Such questions shall be included as part of the 34
Connecticut School Health Survey administered pursuant to section 1 of 35
this act. 36
Sec. 3. (Effective from passage) Not later than January 1, 2023, the 37
Department of Education, in consultation with the Department of Public 38
Health, shall develop for use by a local or regional board of education 39
(1) a uniform policy concerning timely notification to the parents or 40
guardians of students in grades nine to twelve, inclusive, about the 41
Connecticut School Health Survey not later than twenty-one calendar 42
days prior to the date such board will be administering the survey at a 43
high school governed by such board, and (2) a form to be distributed to 44
parents or guardians for the purposes of the notification required 45
pursuant to subdivision (1) of this section that includes, but is not 46
limited to, (A) an explanation of the Connecticut School Health Survey 47
and how a parent or guardian may opt out of such survey being 48
administered to his or her child, and (B) the Internet link to the survey 49
that will be administered. 50 Raised Bill No. 5243
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Sec. 4. (NEW) (Effective July 1, 2022) (a) For the school year 51
commencing July 1, 2022, and each school year thereafter, if the results 52
of the Connecticut School Health Survey, administered pursuant to 53
section 1 of this act, reveal that a student in the high school in which 54
such survey was administered has been the victim of a sexual assault or 55
misconduct by an adult, then the local or regional board of education 56
for such high school shall request the Department of Children and 57
Families and the Department of Education to provide or facilitate (1) 58
training for the teachers, administrators and other staff of such school 59
about how to support students who have experienced abuse, (2) the 60
provision of counseling services for students by working with school 61
social workers and administrators of such high school, (3) the 62
distribution of materials relating to counseling services created or 63
offered by victim advocates groups and other state agencies, and (4) the 64
bystander training program and appropriate interaction with children 65
training program, described in section 5 of this act, to all teachers, 66
administrators and other school staff of such high school. 67
Sec. 5. (NEW) (Effective July 1, 2022) (a) Not later than January 1, 2023, 68
the Department of Children and Families, in consultation with the 69
Department of Education, shall develop or adopt a bystander training 70
program and an appropriate interaction with children training 71
program. 72
(b) The department may enter into a memorandum of understanding 73
with each regional educational service center for the bystander training 74
program and appropriate interaction with children training program to 75
be provided at or by such center to the teachers, administrators and 76
other staff of the local and regional boards of education that are 77
members of such center. 78
(c) The department may enter into a memorandum of understanding 79
with the governing authority for intramural and interscholastic athletics 80
for the bystander training program and the appropriate interaction with 81
children training program to be provided by such governing authority 82
to coaches who holds or is issued a coaching permit by the State Board 83 Raised Bill No. 5243
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of Education, in accordance with the provisions of section 6 of this act. 84
Sec. 6. (NEW) (Effective July 1, 2022) For the school year commencing 85
July 1, 2023, and each school year thereafter, any person who holds or is 86
issued a coaching permit by the State Board of Education and is a coach 87
of intramural or interscholastic athletics shall complete the bystander 88
training program and the appropriate interaction with children training, 89
described in section 5 of this act, prior to commencing the coaching 90
assignment for the season of such school athletics. 91
Sec. 7. Subdivision (1) of subsection (b) of section 17a-101a of the 92
general statutes is repealed and the following is substituted in lieu 93
thereof (Effective July 1, 2022): 94
(b) (1) Any person required to report under the provisions of this 95
section who fails to make such report or fails to make such report within 96
the time period prescribed in sections 17a-101b to 17a-101d, inclusive, 97
and section 17a-103 shall be guilty of a class A misdemeanor, except that 98
such person shall be guilty of a class E felony if (A) such violation is a 99
subsequent violation, (B) such violation was wilful or intentional or due 100
to gross negligence, or (C) such person had actual knowledge that (i) a 101
child was abused or neglected, as described in section 46b-120, or (ii) a 102
person was a victim described in subdivision (2) of subsection (a) of this 103
section. Notwithstanding the provisions of section 54-193, no person 104
shall be prosecuted for a violation of the provisions of this section 105
committed on or after July 1, 2022, except within three years after such 106
violation has been committed. 107
Sec. 8. Subdivisions (1) and (2) of subsection (i) of section 10-145b of 108
the general statutes are repealed and the following is substituted in lieu 109
thereof (Effective July 1, 2022): 110
(i) (1) The State Board of Education may take one or more of the 111
following actions, in accordance with the provisions of subdivision (2) 112
of this subsection, against a person holding a certificate, permit or 113
authorization based on conduct that occurred prior or subsequent to the 114
issuance of such certificate, permit or authorization: (A) Revoke the 115 Raised Bill No. 5243
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holder's certificate, permit or authorization; (B) suspend the holder's 116
certificate, permit or authorization; or (C) place the holder's certificate 117
on probation, subject to conditions determined by the Commissioner of 118
Education. 119
(2) The State Board of Education may take any of the actions 120
described in subparagraphs (A) to (C), inclusive, of subdivision (1) of 121
this subsection with respect to a holder's certificate, permit or 122
authorization issued pursuant to sections 10-144o to 10-149, inclusive, 123
for any of the following reasons: (A) The holder of the certificate, permit 124
or authorization obtained such certificate, permit or authorization 125
through fraud or misrepresentation of a material fact; (B) the holder has 126
persistently neglected to perform the duties for which the certificate, 127
permit or authorization was granted; (C) the holder is professionally 128
unfit to perform the duties for which the certificate, permit or 129
authorization was granted; (D) the holder is convicted in a court of law 130
of a crime involving moral turpitude or of any other crime of such 131
nature that in the opinion of the board continued holding of a certificate, 132
permit or authorization by the person would impair the standing of 133
certificates, permits or authorizations issued by the board; (E) the holder 134
has had an allegation of abuse or neglect substantiated pursuant to 135
section 17a-101g; or [(E)] (F) other due and sufficient cause. The State 136
Board of Education may revoke any certificate, permit or authorization 137
issued pursuant to said sections if the holder is found to have 138
intentionally disclosed specific questions or answers to students or 139
otherwise improperly breached the security of any administration of a 140
mastery examination, pursuant to section 10-14n. In any revocation 141
proceeding pursuant to this section, the State Board of Education shall 142
have the burden of establishing the reason for such revocation by a 143
preponderance of the evidence. Revocation shall be in accordance with 144
procedures established by the State Board of Education pursuant to 145
chapter 54. 146
Sec. 9. (NEW) (Effective July 1, 2022) The Department of Children and 147
Families, in collaboration with the Department of Education and the 148
Department of Emergency Services and Public Protection, shall develop 149 Raised Bill No. 5243
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or adopt an investigative training program and a victim sensitivity 150
training program for school social workers and school administrators. 151
The department shall make such training programs available to local 152
and regional boards of education. Such training programs may be 153
included as part of a local or regional board of education's in-service 154
training program, pursuant to section 10-220a of the general statutes. 155
Sec. 10. (NEW) (Effective July 1, 2022) The Department of Children and 156
Families, in consultation with the Department of Education and the 157
Office of Early Childhood, shall develop a protocol and checklist for 158
investigations conducted by a local or regional board of education or a 159
provider of child care services, as described in section 19a-77 of the 160
general statutes, as a result of an allegation that a child has been abused 161
or neglected by a school employee, as defined in section 53a-65 of the 162
general statutes, or an employee of such provider of child care services. 163
Sec. 11. Subsection (a) of section 10-220 of the 2022 supplement to the 164
general statutes is repealed and the following is substituted in lieu 165
thereof (Effective July 1, 2022): 166
(a) Each local or regional board of education shall maintain good 167
public elementary and secondary schools, implement the educational 168
interests of the state, as defined in section 10-4a, and provide such other 169
educational activities as in its judgment will best serve the interests of 170
the school district; provided any board of education may secure such 171
opportunities in another school district in accordance with provisions of 172
the general statutes and shall give all the children of the school district, 173
including children receiving alternative education, as defined in section 174
10-74j, as nearly equal advantages as may be practicable; shall provide 175
an appropriate learning environment for all its students which includes 176
(1) adequate instructional books, supplies, materials, equipment, 177
staffing, facilities and technology, (2) equitable allocation of resources 178
among its schools, (3) proper maintenance of facilities, and (4) a safe 179
school setting; shall, upon receipt of an allegation that a child has been 180
abused or neglected by a school employee, as defined in section 53a-65, 181
conduct an investigation in accordance with the protocol and checklist 182 Raised Bill No. 5243
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developed pursuant to section 10 of this act, and, in accordance with the 183
provisions of subsection (f) of this section, maintain records of 184
allegations, investigations and reports that a child has been abused or 185
neglected by a school employee, as defined in section 53a-65, employed 186
by the local or regional board of education; shall have charge of the 187
schools of its respective school district; shall make a continuing study of 188
the need for school facilities and of a long-term school building program 189
and from time to time make recommendations based on such study to 190
the town; shall adopt and implement an indoor air quality program that 191
provides for ongoing maintenance and facility reviews necessary for the 192
maintenance and improvement of the indoor air quality of its facilities; 193
shall adopt and implement a green cleaning program, pursuant to 194
section 10-231g, that provides for the procurement and use of 195
environmentally preferable cleaning products in school buildings and 196
facilities; on and after July 1, 2021, and every five years thereafter, shall 197
report to the Commissioner of Administrative Services on the condition 198
of its facilities and the action taken to implement its long-term school 199
building program, indoor air quality program and green cleaning 200
program, which report the Commissioner of Administrative Services 201
shall use to prepare a report every five years that said commissioner 202
shall submit in accordance with section 11-4a to the joint standing 203
committee of the General Assembly having cognizance of matters 204
relating to education; shall advise the Commissioner of Administrative 205
Services of the relationship between any individual school building 206
project pursuant to chapter 173 and such long-term school building 207
program; shall have the care, maintenance and operation of buildings, 208
lands, apparatus and other property used for school purposes and at all 209
times shall insure all such buildings and all capital equipment contained 210
therein against loss in an amount not less than eighty per cent of 211
replacement cost; shall determine the number, age and qualifications of 212
the pupils to be admitted into each school; shall develop and implement 213
a written plan for minority educator recruitment for purposes of 214
subdivision (3) of section 10-4a; shall employ and dismiss the teachers 215
of the schools of such district subject to the provisions of sections 10-151 216
and 10-158a; shall designate the schools which shall be attended by the 217 Raised Bill No. 5243
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various children within the school district; shall make such provisions 218
as will enable each child of school age residing in the district to attend 219
some public day school for the period required by law and provide for 220
the transportation of children wherever transportation is reasonable and 221
desirable, and for such purpose may make contracts covering periods of 222
not more than five years; may provide alternative education, in 223
accordance with the provisions of section 10-74j, or place in another 224
suitable educational program a pupil enrolling in school who is nineteen 225
years of age or older and cannot acquire a sufficient number of credits 226
for graduation by age twenty-one; may arrange with the board of 227
education of an adjacent town for the instruction therein of such 228
children as can attend school in such adjacent town more conveniently; 229
shall cause each child five years of age and over and under eighteen 230
years of age who is not a high school graduate and is living in the school 231
district to attend school in accordance with the provisions of section 10-232
184, and shall perform all acts required of it by the town or necessary to 233
carry into effect the powers and duties imposed by law. 234
Sec. 12. (NEW) (Effective July 1, 2022) Any provider of child care 235
services, as described in section 19a-77 of the general statutes, that 236
conducts an investigation as a result of an allegation that a child has 237
been abused or neglected by an employee of such provider, shall 238
conduct such investigation in accordance with the protocol and 239
checklist developed pursuant to section 10 of this act. 240
Sec. 13. (NEW) (Effective July 1, 2022) The Department of Education 241
and the Office of Early Childhood, shall jointly develop a checklist to be 242
used by local and regional boards of education and providers of child 243
care services, as described in section 19a-77 of the general statutes, 244
during the hiring process for the purpose of screening applicants and 245
prospective employees. 246
Sec. 14. (NEW) (Effective July 1, 2022) The Department of Children and 247
Families shall make available, upon request of a youth-serving 248
organization or religious organization, any materials relating to the 249
bystander training program and the appropriate interaction with 250 Raised Bill No. 5243
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children training program described in section 5 of this act or the 251
investigative training program and the victim sensitivity training 252
program described in section 9 of this act. 253
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 New section
Sec. 3 from passage New section
Sec. 4 July 1, 2022 New section
Sec. 5 July 1, 2022 New section
Sec. 6 July 1, 2022 New section
Sec. 7 July 1, 2022 17a-101a(b)(1)
Sec. 8 July 1, 2022 10-145b(i)(1) and (2)
Sec. 9 July 1, 2022 New section
Sec. 10 July 1, 2022 New section
Sec. 11 July 1, 2022 10-220(a)
Sec. 12 July 1, 2022 New section
Sec. 13 July 1, 2022 New section
Sec. 14 July 1, 2022 New section
Statement of Purpose:
To require the Department of Public Health to administer the
Connecticut School Health Survey to students in high schools; to require
school personnel to complete training when a student in the school has
been the victim of abuse by an adult; to require the Department of
Children and Families to develop or adopt bystander training,
appropriate interaction with children training, investigative training
and victim sensitivity training programs; to extend the statute of
limitations for failure to report as a mandated reporter from one year to
three years; to authorize the Department of Education to suspend an
educator's teaching license if an allegation of abuse or neglect has been
substantiated; to require school districts and child care providers to
conduct investigations of allegations of abuse or neglect in accordance
with a checklist developed by the Department of Children and Families;
to require the Department of Education and the Office of Early
Childhood to develop a screening checklist for the hiring of prospective
employees; and to make such training programs available to youth-
serving and religious organizations. Raised Bill No. 5243
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]