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General Assembly Raised Bill No. 381
February Session, 2024
LCO No. 2649
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT CONCERNING THE TEACHING PROFESSION AND
REVISIONS TO THE MANDATED REPORTER REQUIREMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2024) Any collective bargaining 1
agreement entered into, amended or extended on or after July 1, 2025, 2
between a local or regional board of education and the representatives 3
of the exclusive bargaining unit for certified employees, chosen 4
pursuant to section 10-153b of the general statutes, shall establish a 5
minimum salary for certified teachers that is not less than sixty thousand 6
dollars annually. 7
Sec. 2. (NEW) (Effective July 1, 2024) For the fiscal year ending June 30, 8
2026, and annually thereafter, the Office of Policy and Management 9
shall create an independent appropriation for the purposes of providing 10
a teacher salary enhancement subsidy to local and regional boards of 11
education. The office shall use the funds available in such independent 12
appropriation to provide a subsidy to each local or regional board of 13
education in an amount equal to the difference between the annual 14
salary, as of July 1, 2024, of a certified teacher who is employed by such 15
board on said date and the minimum salary required pursuant to 16
section 1 of this act for each certified teacher employed by such board of 17 Raised Bill No. 381
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education whose annual salary is less than sixty thousand dollars. Any 18
such subsidy provided to a local or regional board of education under 19
this section shall not be combined with any other state grant provided 20
to local or regional boards of education under any provision of the 21
general statutes. 22
Sec. 3. (Effective from passage) The sum of fifty-five million dollars is 23
allocated, in accordance with the provisions of special act 21-1, from the 24
federal funds designated for the state pursuant to the provisions of 25
Section 602 of Subtitle M of Title IX of the American Rescue Plan Act of 26
2021, P.L. 117-2, as amended from time to time, to the Department of 27
Education, for the fiscal year ending June 30, 2024, for the purpose of 28
providing a COVID-19 recognition payment in the amount of one 29
thousand dollars to each certified teacher who was employed by a local 30
or regional board of education and providing instruction during the 31
school years commencing July 1, 2019, and July 1, 2020. 32
Sec. 4. Subsection (a) of section 31-3i of the 2024 supplement to the 33
general statutes is repealed and the following is substituted in lieu 34
thereof (Effective July 1, 2024): 35
(a) Pursuant to Section 101 of the federal Workforce Innovation and 36
Opportunity Act of 2014, P.L. 113-128, the members of the Governor's 37
Workforce Council shall be: 38
(1) The Governor; 39
(2) A member of the House of Representatives, appointed by the 40
speaker of the House of Representatives, and a member of the Senate, 41
appointed by the president pro tempore of the Senate; 42
(3) Twenty-four members, appointed by the Governor, who (A) are 43
owners of a business, chief executives or operating officers of a business, 44
or other business executives or employers with optimum policy-making 45
or hiring authority; (B) represent businesses or organizations 46
representing businesses that provide employment opportunities that, at 47
a minimum, include high-quality, work-relevant training and 48 Raised Bill No. 381
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development in in-demand industry sectors or occupation in the state; 49
or (C) have been nominated by state business organizations or business 50
trade associations. At a minimum, at least one such member shall 51
represent small businesses, as defined by the United States Small 52
Business Administration. 53
(4) The Labor Commissioner, Commissioner of Aging and Disability 54
Services, Commissioner of Education, Commissioner of Economic and 55
Community Development and the Chief Workforce Officer, or their 56
respective designees; 57
(5) Four representatives of labor organizations, who have been 58
nominated by state labor federations and appointed by the Governor; 59
(6) An individual, appointed by the Governor, who is a member of a 60
labor organization or a training director from a joint labor-management 61
apprenticeship program, or, if no such joint program exists in the state, 62
such a representative of an apprenticeship program in the state; 63
(7) An individual, appointed by the Governor, who is an expert in 64
residential construction; 65
(8) Five members, appointed by the Governor, who represent 66
community-based organizations that have demonstrated experience 67
and expertise in addressing employment, training, or education, 68
including one representative of a community action agency, as defined 69
in section 17b-885, and one representative of a philanthropic 70
organization; 71
(9) A representative from the Connecticut State Colleges and 72
Universities, a representative from The University of Connecticut and a 73
representative from a nonprofit institution of higher education in the 74
state, each appointed by the Governor; 75
(10) A representative from a regional vocational-technical school and 76
a representative from a regional agricultural science and technology 77
school, each appointed by the Governor; 78 Raised Bill No. 381
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(11) Two superintendents of a local or regional board of education, 79
appointed by the Governor; 80
(12) A certified teacher employed by a local or regional board of 81
education, appointed by the Governor; 82
[(12)] (13) Two chief elected officials of municipalities, appointed by 83
the Governor; and 84
[(13)] (14) Two members of the public, who are enrolled in or who 85
have recently completed a nondegree workforce training program, 86
appointed by the Governor. 87
Sec. 5. Subsection (e) of section 10-144d of the 2024 supplement to the 88
general statutes is repealed and the following is substituted in lieu 89
thereof (Effective July 1, 2024): 90
(e) The council shall (1) advise the [State Board of Education, the 91
Governor] Commissioner of Education and the joint standing 92
committee of the General Assembly having cognizance of matters 93
relating to education concerning [teacher preparation,] teacher 94
recruitment, teacher retention, [teacher certification,] teacher 95
professional development, teacher assessment and evaluation, [and] 96
teacher professional discipline, [; (2) review and comment upon all 97
regulations and other standards concerning the approval of teacher 98
preparation programs and teacher certification] the equitable 99
distribution of teachers, diversity of the teaching workforce, special 100
education, testing and assessment of students, school safety and social-101
emotional learning; (2) share perspectives on the impact of proposed 102
policies and initiatives on classroom practice with the commissioner and 103
the joint standing committee of the General Assembly having 104
cognizance of matters relating to education; (3) provide suggestions and 105
feedback on guidance to be sent to school districts related to the 106
implementation of such policies and initiatives with the commissioner; 107
and [(3)] (4) report to the [State Board of Education, the Governor] 108
commissioner and the joint standing committee of the General 109
Assembly having cognizance of matters relating to education not later 110 Raised Bill No. 381
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than January 15, 1991, and annually thereafter, on its activities and 111
recommendations, if any, concerning the condition of the teaching 112
profession. 113
Sec. 6. Subsection (a) of section 10-183l of the 2024 supplement to the 114
general statutes is repealed and the following is substituted in lieu 115
thereof (Effective July 1, 2024): 116
(a) (1) On and after July 1, 1991, the management of the system shall 117
continue to be vested in the Teachers' Retirement Board, whose 118
members shall include the Treasurer, the Secretary of the Office of Policy 119
and Management and the Commissioner of Education, or their 120
designees, who shall be voting members of the board, ex officio. (2) On 121
or before June 15, 1985, and quadrennially thereafter, the members of 122
the system shall elect from their number, in a manner prescribed by said 123
board, two persons to serve as members of said board for terms of four 124
years beginning July first following such election. Both of such persons 125
shall be active teachers who shall be nominated by the members of the 126
system who are not retired and elected by all the members of the system. 127
On or before July 1, 1991, and quadrennially thereafter, the members of 128
the system shall elect from their number, in a manner prescribed by said 129
board, three persons to serve as members of said board for terms of four 130
years beginning July first following such election. Two of such persons 131
shall be retired teachers who shall be nominated by the retired members 132
of the system and elected by all the members of the system and one shall 133
be an active teacher who shall be nominated by the members of the 134
system who are not retired and elected by all the members of the system. 135
(3) On or before July 1, 2011, and quadrennially thereafter, the members 136
of the system shall elect from their number, in a manner prescribed by 137
said board, one person to serve as a member of said board for a term of 138
four years beginning July first following such election. Such person shall 139
be an active teacher who shall be nominated by the members of the 140
system who are not retired, elected by all the members of the system 141
and a member of an exclusive representative of a teachers' bargaining 142
unit that is not represented by the members of the board elected under 143
subdivision (2) of this subsection. (4) On or before October 1, 2023, [and 144 Raised Bill No. 381
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quadrennially thereafter,] the retired members of the system shall elect 145
from their number, in a manner prescribed by said board, two persons 146
to serve as members of said board for a term [of four years] beginning 147
October first following such election and terminating on June 30, 2027. 148
Both of such persons shall be (A) retired teachers who are receiving a 149
pension benefit from the system, and (B) nominated and elected by the 150
members of the system who are retired. (5) On or before July 1, 2027, 151
and quadrennially thereafter, the members of the system shall elect from 152
their number, in a manner prescribed by said board, two retired 153
members to serve as members of said board for a term of four years 154
beginning July first following such election. Both of such persons shall 155
be (A) retired teachers who are receiving a pension benefit from the 156
system, and (B) nominated by the members of the system who are 157
retired and elected by all the members of the system. (6) If a vacancy 158
occurs in the positions filled by the members of the system who are not 159
retired, said board shall elect a member of the system who is not retired 160
to fill the unexpired portion of the term. If a vacancy occurs in the 161
positions filled by the retired members of the system, said board shall 162
elect a retired member of the system to fill the unexpired portion of the 163
term. The Governor shall appoint five public members to said board in 164
accordance with the provisions of section 4-9a, one of whom shall be the 165
mayor, first selectman or chief elected official of a municipality. On and 166
after October 31, 2017, the Governor shall fill the next vacant position on 167
the board that is appointed by the Governor with a person who is the 168
mayor, first selectman or chief elected official of a municipality. The 169
members of the board shall serve without compensation, but shall be 170
reimbursed for any expenditures or loss of salary or wages which they 171
incur through service on the board. A majority of the membership of the 172
board shall constitute a quorum for the transaction of any business. 173
Sec. 7. Subsection (d) of section 10-151 of the general statutes is 174
repealed and the following is substituted in lieu thereof (Effective July 1, 175
2024): 176
(d) The contract of employment of a teacher who has attained tenure 177
shall be continued from school year to school year, except that it may be 178 Raised Bill No. 381
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terminated at any time for one or more of the following reasons: (1) 179
Inefficiency, incompetence or ineffectiveness, provided, if a teacher is 180
notified on or after July 1, 2014, that termination is under consideration 181
due to incompetence or ineffectiveness, the determination of 182
incompetence or ineffectiveness is based on evaluation of the teacher 183
using teacher evaluation guidelines established pursuant to section 10-184
151b; (2) insubordination against reasonable rules of the board of 185
education; (3) moral misconduct; (4) disability, as shown by competent 186
medical evidence; (5) elimination of the position to which the teacher 187
was appointed or loss of a position to another teacher, if no other 188
position exists to which such teacher may be appointed if qualified, 189
provided such teacher, if qualified, shall be appointed to a position held 190
by a teacher who has not attained tenure, and provided further that 191
determination of the individual contract or contracts of employment to 192
be terminated shall be made in accordance with either (A) a provision 193
for a layoff procedure agreed upon by the board of education and the 194
exclusive employees' representative organization, or (B) in the absence 195
of such agreement, a written policy of the board of education; or (6) 196
other [due and sufficient] just cause. Nothing in this section or in any 197
other section of the general statutes or of any special act shall preclude 198
a board of education from making an agreement with an exclusive 199
bargaining representative which contains a recall provision. Prior to 200
terminating a contract, the superintendent shall give the teacher 201
concerned a written notice that termination of such teacher's contract is 202
under consideration and give such teacher a statement of the reasons for 203
such consideration of termination. Not later than ten calendar days after 204
receipt of written notice by the superintendent that contract termination 205
is under consideration, such teacher may file with the local or regional 206
board of education a written request for a hearing. [A board of 207
education may designate a subcommittee of three or more board 208
members to conduct hearings and submit written findings and 209
recommendations to the board for final disposition in the case of 210
teachers whose contracts are terminated.] Such hearing shall commence 211
not later than fifteen calendar days after receipt of such request, unless 212
the parties mutually agree to an extension, not to exceed fifteen calendar 213 Raised Bill No. 381
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days [(A) before the board of education or a subcommittee of the board, 214
or (B) if indicated in such request or if designated by the board] before 215
an impartial hearing officer chosen by the teacher and the 216
superintendent. If the parties are unable to agree upon the choice of a 217
hearing officer not later than five calendar days after the decision to use 218
a hearing officer, the hearing officer shall be selected with the assistance 219
of the American Arbitration Association using its expedited selection 220
process and in accordance with its rules for selection of a neutral 221
arbitrator in grievance arbitration. If the hearing officer is not selected 222
with the assistance of such association after five days, the hearing shall 223
be held before the board of education or a subcommittee of the board. 224
When the reason for termination is incompetence or ineffectiveness, the 225
hearing shall [(i)] (A) address the question of whether the performance 226
evaluation ratings of the teacher were determined in good faith in 227
accordance with the program adopted by the local or regional board of 228
education pursuant to section 10-151b and were reasonable in light of 229
the evidence presented, and [(ii)] (B) be limited to twelve total hours of 230
evidence and testimony, with each side allowed not more than six hours 231
to present evidence and testimony except the board, subcommittee of 232
the board or impartial hearing officer may extend the time period for 233
evidence and testimony at the hearing when good cause is shown. Not 234
later than forty-five calendar days after receipt of the request for a 235
hearing, the [subcommittee of the board or] hearing officer, unless the 236
parties mutually agree to an extension not to exceed fifteen calendar 237
days, shall [submit written findings and a recommendation to the board 238
of education as to the disposition of the charges against the teacher and 239
shall send a copy of such findings and recommendation to the teacher. 240
The board of education shall give the teacher concerned its written 241
decision not later than fifteen calendar days after receipt of the written 242
recommendation of the subcommittee or hearing officer] render to the 243
board of education and the teacher a written disposition that shall be 244
binding on the parties. Each party shall share equally the fee of the 245
hearing officer and all other costs incidental to the hearing. [If the 246
hearing is before the board of education, the board shall render its 247
decision not later than fifteen calendar days after the close of such 248 Raised Bill No. 381
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hearing and shall send a copy of its decision to the teacher.] The hearing 249
shall be public if the teacher so requests. [or the board, subcommittee or 250
hearing officer so designates.] The teacher concerned shall have the right 251
to appear with counsel at the hearing, whether public or private. [A 252
copy of a transcript of the proceedings of the hearing shall be furnished 253
by the board of education, upon written request by the teacher within 254
fifteen days after the board's decision, provided the teacher shall assume 255
the cost of any such copy.] Nothing [herein] contained in this section 256
shall deprive a board of education or superintendent of the power to 257
suspend a teacher from duty immediately when serious misconduct is 258
charged without prejudice to the rights of the teacher as otherwise 259
provided in this section. 260
Sec. 8. Section 10-153f of the general statutes is repealed and the 261
following is substituted in lieu thereof (Effective July 1, 2024): 262
[(a) There shall be in the Department of Education an arbitration 263
panel of not less than twenty-four or more than twenty-nine persons to 264
serve as provided in subsection (c) of this section. The Governor shall 265
appoint the members of such panel, with the advice and consent of the 266
General Assembly, as follows: (1) Seven members who are 267
representative of the interests of local and regional boards of education 268
and selected from lists of names submitted by such boards; (2) seven 269
members who are representative of the interests of exclusive bargaining 270
representatives of certified employees and selected from lists of names 271
submitted by such bargaining representatives; and (3) not less than ten 272
or more than fifteen members who are impartial representatives of the 273
interests of the public in general, residents of the state of Connecticut, 274
experienced in public sector collective bargaining interest impasse 275
resolution and selected from lists of names submitted by the State Board 276
of Education. The lists of names submitted to the Governor pursuant to 277
subdivisions (1) to (3), inclusive, of this subsection shall, in addition to 278
complying with the provisions of section 4-9b, include a report from the 279
State Board of Education certifying that the process conducted for 280
soliciting applicants made adequate outreach to minority communities 281
and documenting that the number and make-up of minority applicants 282 Raised Bill No. 381
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considered reflect the state's racial and ethnic diversity. Each member of 283
the panel serving on or appointed after January 1, 2016, shall serve a 284
term of four years, except that each arbitrator shall hold office until a 285
successor is appointed and any arbitrator not reappointed shall finish to 286
conclusion any arbitration for which such arbitrator has been selected 287
or appointed. Arbitrators may be removed for good cause. If any 288
vacancy occurs in such panel, the Governor shall act within forty days 289
to fill such vacancy in the manner provided in section 4-19. Persons 290
appointed to the arbitration panel shall serve without compensation but 291
each shall receive a per diem fee for any day during which such person 292
is engaged in the arbitration of a dispute pursuant to this section. The 293
parties to the dispute so arbitrated shall pay the fee in accordance with 294
subsection (c) of this section.] 295
[(b)] (a) If any local or regional board of education cannot agree with 296
the exclusive representatives of a teachers' or administrators' unit after 297
negotiation concerning the terms and conditions of employment 298
applicable to the employees in such unit, either party may submit the 299
issues to the commissioner for mediation. On the one hundred sixtieth 300
day prior to the budget submission date, the commissioner shall order 301
the parties to report their settlement. If, on such one hundred sixtieth 302
day, the parties have not reached agreement and have failed to initiate 303
mediation, the commissioner shall order the parties to notify the 304
commissioner of the name of a mutually selected mediator and to 305
commence mediation. The commissioner may order the parties to 306
appear before said commissioner during the mediation period. In either 307
case, the parties shall meet with a mediator mutually selected by them, 308
provided such parties shall inform the commissioner of the name of 309
such mediator, or with the commissioner or the commissioner's agents 310
or a mediator designated by said commissioner. Mediators shall be 311
chosen from a panel of mediators selected by the State Board of 312
Education or from outside such panel if mutually agreed by the parties. 313
Such mediators shall receive a per diem fee determined on the basis of 314
the prevailing rate for such services, and the parties shall share equally 315
in the cost of such mediation. In any civil or criminal case, any 316 Raised Bill No. 381
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proceeding preliminary thereto, or in any legislative or administrative 317
proceeding, a mediator shall not disclose any conf idential 318
communication made to such mediator in the course of mediation 319
unless the party making such communication waives such privilege. 320
The parties shall provide such information as the commissioner may 321
require. The commissioner may recommend a basis for settlement but 322
such recommendations shall not be binding upon the parties. Such 323
recommendation shall be made [within] not later than twenty-five days 324
after the day on which mediation begins. 325
[(c)] (1) On the fourth day next following the end of the mediation 326
session or on the one hundred thirty-fifth day prior to the budget 327
submission date, whichever is sooner, the commissioner shall order the 328
parties to report their settlement of the dispute or, if there is no 329
settlement, to notify the commissioner. [of either their agreement to 330
submit their dispute to a single arbitrator or the name of the arbitrator 331
selected by each of them. Within five days of providing such notice, the 332
parties shall notify the commissioner of the name of the arbitrator if 333
there is an agreement on a single arbitrator appointed to the panel 334
pursuant to subdivision (3) of subsection (a) of this section or agreement 335
on the third arbitrator appointed to the panel pursuant to said 336
subdivision. The commissioner may order the parties to appear before 337
said commissioner during the arbitration period. If the parties have 338
notified the commissioner of their agreement to submit their dispute to 339
a single arbitrator and they have not agreed on such arbitrator, within 340
five days after such notification, the commissioner shall select such 341
single arbitrator who shall be an impartial representative of the interests 342
of the public in general. If each party has notified the commissioner of 343
the name of the arbitrator it has selected and the parties have not agreed 344
on the third arbitrator, within five days after such notification, the 345
commissioner shall select a third arbitrator, who shall be an impartial 346
representative of the interests of the public in general. If either party fails 347
to notify the commissioner of the name of an arbitrator, the 348
commissioner shall select an arbitrator to serve and the commissioner 349
shall also select a third arbitrator who shall be an impartial 350 Raised Bill No. 381
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representative of the interests of the public in general. Any selection 351
pursuant to this section by the commissioner of an impartial arbitrator 352
shall be made at random from among the members appointed under 353
subdivision (3) of subsection (a) of this section. Arbitrators shall be 354
selected from the panel appointed pursuant to subsection (a) of this 355
section and shall receive a per diem fee determined on the basis of the 356
prevailing rate for such services. Whenever a panel of three arbitrators 357
is selected, the chairperson of such panel shall be the impartial 358
representative of the interests of the public in general.] 359
(2) The [chairperson of the arbitration panel or the single] arbitrator 360
shall set the date, time and place for a hearing to be held in the school 361
district between the fifth and twelfth day, inclusive, after such 362
[chairperson or such single] arbitrator is selected. At least five days prior 363
to such hearing, a written notice of the date, time and place of the 364
hearing shall be sent to the board of education and the representative 365
organization which are parties to the dispute. [, and, if a three-member 366
arbitration panel is selected or designated, to the other members of such 367
panel.] Such written notice shall also be sent, by registered mail, return 368
receipt requested, to the fiscal authority having budgetary responsibility 369
or charged with making appropriations for the school district, and a 370
representative designated by such body may be heard at the hearing as 371
part of the presentation and participation of the board of education. At 372
the hearing each party shall have full opportunity to submit all relevant 373
evidence, to introduce relevant documents and written material and to 374
argue on behalf of its positions. At the hearing a representative of the 375
fiscal authority having budgetary responsibility or charged with 376
making appropriations for the school district shall be heard regarding 377
the financial capability of the school district, unless such opportunity to 378
be heard is waived by the fiscal authority. The nonappearance of the 379
representative shall constitute a waiver of the opportunity to be heard 380
unless there is a showing that proper notice was not given to the fiscal 381
authority. The [chairperson of the arbitration panel or the single] 382
arbitrator shall preside over such hearing. 383
(3) The hearing may, at the discretion of the [arbitration panel or the 384 Raised Bill No. 381
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single] arbitrator, be continued but in any event shall be concluded 385
within twenty-five days after its commencement. 386
(4) After hearing all the issues, the [arbitrators or the single] arbitrator 387
shall, within twenty days, render a decision in writing, signed by [a 388
majority of the arbitrators or the single] the arbitrator, which states in 389
detail the nature of the decision and the disposition of the issues by the 390
[arbitrators or the single] arbitrator. The written decision shall include a 391
narrative explaining the evaluation by the [arbitrators or the single] 392
arbitrator of the evidence presented for each item upon which a decision 393
was rendered by the [arbitrators or the single] arbitrator and shall state 394
with particularity the basis for the decision as to each disputed issue and 395
the manner in which the factors enumerated in this subdivision were 396
considered in arriving at such decision, including, where applicable, the 397
specific similar groups and conditions of employment presented for 398
comparison and accepted by the [arbitrators or the single] arbitrator and 399
the reason for such acceptance. The [arbitrators or the single] arbitrator 400
shall file one copy of the decision with the commissioner, each town 401
clerk in the school district involved, the legislative body or bodies of the 402
town or towns for the school district involved, or, in the case of a town 403
for which the legislative body of the town is a town meeting or 404
representative town meeting, to the board of selectmen, and the board 405
of education and organization which are parties to the dispute. The 406
decision of the [arbitrators or the single] arbitrator shall be final and 407
binding upon the parties to the dispute unless a rejection is filed in 408
accordance with subdivision (7) of this subsection. The decision of the 409
[arbitrators or the single] arbitrator shall incorporate those items of 410
agreement the parties have reached prior to its issuance. At any time 411
prior to the issuance of a decision by the [arbitrators or the single] 412
arbitrator, the parties may jointly file with the [arbitrators or the single] 413
arbitrator, any stipulations setting forth contract provisions which both 414
parties agree to accept. In arriving at a decision, the [arbitrators or the 415
single] arbitrator shall give priority to the public interest and the 416
financial capability of the town or towns in the school district, including 417
consideration of other demands on the financial capability of the town 418 Raised Bill No. 381
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or towns in the school district. In assessing the public interest, equity 419
and stability of compensation models shall be valued and there shall be 420
a rebuttable presumption that the board of education shall maintain and 421
execute any obligations created by existing salary schedules that 422
provide for annual progression of employees' salaries from one step on 423
a salary schedule to another and any obligations regarding the 424
maintenance of health care benefits. In assessing the financial capability 425
of the town or towns, there shall be an irrebuttable presumption that a 426
budget reserve of five per cent or less is not available for payment of the 427
cost of any item subject to arbitration under this chapter. The [arbitrators 428
or the single] arbitrator shall further consider, in light of such financial 429
capability, the following factors: (A) The negotiations between the 430
parties prior to arbitration, including the offers and the range of 431
discussion of the issues; (B) the interests and welfare of the employee 432
group, including the maintenance of health care benefits; (C) changes in 433
the cost of living averaged over the preceding three years; (D) the 434
existing conditions of employment of the employee group and those of 435
similar groups; and (E) the salaries, fringe benefits, and other conditions 436
of employment prevailing in the state labor market, including the terms 437
of recent contract settlements or awards in collective bargaining for 438
other municipal employee organizations and developments in private 439
sector wages and benefits. The parties shall submit to the [arbitrators or 440
the single] arbitrator their respective positions on each individual issue 441
in dispute between them in the form of a last best offer. The [arbitrators 442
or the single] arbitrator shall resolve separately each individual 443
disputed issue by accepting the last best offer thereon of either of the 444
parties, and shall incorporate in a decision each such accepted 445
individual last best offer and an explanation of how the total cost of all 446
offers accepted was considered. The award of the [arbitrators or the 447
single] arbitrator shall not be subject to rejection by referendum. The 448
parties shall [each pay the fee of the arbitrator selected by or for them 449
and] share equally the fee of the [third arbitrator or the single] arbitrator 450
and all other costs incidental to the arbitration. 451
(5) The commissioner shall assist the [arbitration panel or the single] 452 Raised Bill No. 381
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arbitrator as may be required in the course of arbitration pursuant to 453
this section. 454
(6) If the day for filing any document required pursuant to this 455
section falls on Saturday, Sunday or a holiday, the time for such filing 456
shall be extended to the next business day thereafter. 457
(7) The award of the [arbitrators or single] arbitrator may be rejected 458
by the legislative body of the local school district or, in the case of a 459
regional school district, by the legislative bodies of the participating 460
towns. Such rejection shall be by a two-thirds majority vote of the 461
members of such legislative body or, in the case of a regional school 462
district, the legislative body of each participating town, present at a 463
regular or special meeting called and convened for such purpose within 464
twenty-five days of the receipt of the award. If the legislative body or 465
legislative bodies, as appropriate, reject any such award, they shall 466
notify, within ten days after the vote to reject, the commissioner and the 467
exclusive representative for the teachers' or administrators' unit of such 468
vote and submit to them a written explanation of the reasons for the 469
vote. [Within] Not later than ten days after receipt of such notice, the 470
exclusive representative of the teachers' or administrators' unit shall 471
prepare, and the board of education may prepare, a written response to 472
such rejection and shall submit it to such legislative body or legislative 473
bodies, as appropriate, and the commissioner. Within ten days after the 474
commissioner has been notified of the vote to reject, (A) the 475
commissioner shall select a review panel of three arbitrators or, if the 476
parties agree, a single arbitrator, who are residents of Connecticut and 477
labor relations arbitrators approved by the American Arbitration 478
Association and not members of the panel who issued the rejected 479
award, and (B) such arbitrators or single arbitrator shall review the 480
decision on each rejected issue. The review conducted pursuant to this 481
subdivision shall be limited to the record and briefs of the hearing 482
pursuant to subdivision (2) of this subsection, the written explanation of 483
the reasons for the vote and a written response by either party. In 484
conducting such review, the arbitrators or single arbitrator shall be 485
limited to consideration of the criteria set forth in subdivision (4) of this 486 Raised Bill No. 381
LCO No. 2649 16 of 32
subsection. Such review shall be completed [within] not later than 487
twenty days [of] after the appointment of the arbitrators or single 488
arbitrator. The arbitrators or single arbitrator shall accept the last best 489
offer of either of the parties. [Within] Not later than five days after the 490
completion of such review, the arbitrators or single arbitrator shall 491
render a final and binding award with respect to each rejected issue. The 492
decision of the arbitrators or single arbitrator shall be in writing and 493
shall include the specific reasons and standards used by each arbitrator 494
in making his decision on each issue. The decision shall be filed with the 495
parties. The reasonable costs of the arbitrators or single arbitrator and 496
the cost of the transcript shall be paid by the legislative body or 497
legislative bodies, as appropriate. Where the legislative body of the 498
school district is the town meeting, the board of selectmen shall have all 499
of the authority and responsibilities required of and granted to the 500
legislative body under this subdivision. 501
(8) The decision of the arbitrators or a single arbitrator shall be subject 502
to judicial review upon the filing by a party to the arbitration, within 503
thirty days following receipt of a final decision pursuant to subdivision 504
(4) or (7), as appropriate, of a motion to vacate or modify such decision 505
in the superior court for the judicial district wherein the school district 506
involved is located. The superior court, after hearing, may vacate or 507
modify the decision if substantial rights of a party have been prejudiced 508
because such decision is: (A) In violation of constitutional or statutory 509
provisions; (B) in excess of the statutory authority of the panel; (C) made 510
upon unlawful procedure; (D) affected by other error of law; (E) clearly 511
erroneous in view of the reliable, probative and substantial evidence on 512
the whole record; or (F) arbitrary or capricious or characterized by abuse 513
of discretion or clearly unwarranted exercise of discretion. In any action 514
brought pursuant to this subdivision to vacate or modify the decision of 515
the arbitrators or single arbitrator, reasonable attorney's fees, costs and 516
legal interest on salary withheld as the result of an appeal of said 517
decision may be awarded in accordance with the following: Where the 518
board of education moves to vacate or modify the decision and the 519
decision is not vacated or modified, the court may award to the 520 Raised Bill No. 381
LCO No. 2649 17 of 32
organization which is the exclusive representative reasonable attorney's 521
fees, costs and legal interest on salary withheld as the result of an appeal; 522
or, where the organization which is the exclusive representative moves 523
to vacate or modify the decision and the decision is not vacated or 524
modified, the court may award to the board of education reasonable 525
attorney's fees, costs and legal interest on salary withheld as the result 526
of an appeal. 527
[(d)] (b) The commissioner and the arbitrators or single arbitrator 528
shall have the same powers and duties as the board under section 31-529
108 for the purposes of mediation or arbitration pursuant to this section, 530
and subsection (c) of section 10-153d, and all provisions in section 31-531
108 with respect to procedure, jurisdiction of the Superior Court, 532
witnesses and penalties shall apply. 533
[(e)] (c) The local or regional board of education and the organization 534
designated or elected as the exclusive representative for the appropriate 535
unit, through designated officials or their representatives, which are 536
parties to a collective bargaining agreement, and which, for the purpose 537
of negotiating with respect to salaries, hours and other conditions of 538
employment, mutually agree to negotiate during the term of the 539
agreement or are ordered to negotiate said agreement by a body of 540
competent jurisdiction, shall notify the commissioner of the date upon 541
which negotiations commenced [within] not later than five days after 542
said commencement. If the parties are unable to reach settlement not 543
later than twenty-five days after the date of the commencement of 544
negotiations, the parties shall notify the commissioner of the name of a 545
mutually selected mediator and shall conduct mediation pursuant to the 546
provisions of subsection [(b)] (a) of this section, notwithstanding the 547
mediation time schedule of subsection [(b)] (a) of this section. On the 548
fourth day next following the end of the mediation session or on the 549
fiftieth day following the date of the commencement of negotiations, 550
whichever is sooner, if no settlement is reached the parties shall 551
commence arbitration pursuant to the provisions of subsections (a) [, (c) 552
and (d)] and (b) of this section, notwithstanding the reference to the 553
budget submission date. 554 Raised Bill No. 381
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[(f) The State Board of Education shall adopt regulations pursuant to 555
chapter 54 concerning the method by which names of persons who are 556
impartial representatives of the interests of the public in general are 557
placed on lists submitted by the State Board of Education to the 558
Governor for appointment to the arbitration panel established pursuant 559
to subsection (a) of this section. Such regulations shall include, but not 560
be limited to (1) a description of the composition of the group which 561
screens persons applying to be such impartial representatives, which 562
group shall include representatives of local legislative and fiscal 563
authorities and local and regional boards of education and exclusive 564
bargaining representatives of certified employees, (2) application 565
requirements and procedures and (3) the selection criteria and process, 566
including an evaluation of an applicant's experience in arbitration. Such 567
regulations shall provide for a training program for applicants who lack 568
experience in arbitration but who are otherwise qualified and shall 569
describe the criteria for participation in the training program.] 570
Sec. 9. Subsection (e) of section 10-153e of the 2024 supplement to the 571
general statutes is repealed and the following is substituted in lieu 572
thereof (Effective July 1, 2024): 573
(e) Whenever a board of education or employees' representative 574
organization has reason to believe that a prohibited practice, as defined 575
in subsection (b) or (c) of this section, has been or is being committed, or 576
whenever a certified employee believes a breach of the duty of fair 577
representation under subdivision (3) of subsection (c) of this section has 578
occurred or is occurring, such board of education, representative 579
organization or certified employee shall file a written complaint with 580
the State Board of Labor Relations and shall mail a copy of such 581
complaint to the party that is the subject of the complaint. Upon receipt 582
of a properly filed complaint said board shall refer such complaint to 583
the agent who shall, after investigation and [within] not later than 584
ninety days after the date of such referral, either (1) make a report to 585
said board recommending dismissal of the complaint, or (2) issue a 586
written complaint charging prohibited practices. If no such report is 587
made and no such written complaint is issued, the Board of Labor 588 Raised Bill No. 381
LCO No. 2649 19 of 32
Relations in its discretion may proceed to a hearing upon the party's 589
original complaint of the violation of this chapter which shall in such 590
case be treated for the purpose of this section as a complaint issued by 591
the agent. Upon receiving a report from the agent recommending 592
dismissal of a complaint, said Board of Labor Relations may issue an 593
order dismissing the complaint or may order a further investigation or 594
a hearing thereon. Upon receiving a complaint issued by the agent, the 595
Board of Labor Relations shall set a time and place for the hearing. If the 596
alleged prohibited practice or breach of duty is ongoing, the board may 597
issue and cause to be served on the party committing the act or practice 598
an order requiring such party to cease and desist from such act or 599
practice until the board has made its determination. If the alleged 600
prohibited practice or breach of duty is ongoing, the board may issue 601
and cause to be served on the party committing the act or practice an 602
order requiring such party to cease and desist from such act or practice 603
until the board has made its determination. Any such complaint may be 604
amended with the permission of said board. The party so complained 605
of shall have the right to file an answer to the original or amended 606
complaint within five days after the service of such complaint or within 607
such other time as said board may limit. Such party shall have the right 608
to appear in person or otherwise to defend against such complaint. In 609
the discretion of said board any person may be allowed to intervene in 610
such proceeding. In any hearing said board shall not be bound by 611
technical rules of evidence prevailing in the courts. A stenographic or 612
electronic record of the testimony shall be taken at all hearings of the 613
Board of Labor Relations and a transcript thereof shall be filed with said 614
board upon its request. Said board shall have the power to order the 615
taking of further testimony and further argument. If, upon all the 616
testimony, said board determines that the party complained of has 617
engaged in or is engaging in any prohibited practice, it shall state its 618
finding of fact and shall issue and cause to be served on such party an 619
order requiring it to cease and desist from such prohibited practice, and 620
shall take such further affirmative action as will effectuate the policies 621
of subsections (b) to (d), inclusive, of this section. Such order may 622
further require such party to make reports from time to time showing 623 Raised Bill No. 381
LCO No. 2649 20 of 32
the extent to which the order has been complied with. If upon all the 624
testimony the Board of Labor Relations is of the opinion that the party 625
named in the complaint has not engaged in or is not engaging in any 626
such prohibited practice, then said board shall make its finding of fact 627
and shall issue an order dismissing the complaint. Until a transcript of 628
the record in a case has been filed in the Superior Court, as provided in 629
subsection (g) of this section, said board may at any time, upon notice, 630
modify or set aside in whole or in part any finding or order made or 631
issued by it. Proceedings before said board shall be held with all possible 632
expedition. Any party who wishes to have a transcript of the 633
proceedings before the Board of Labor Relations shall apply therefor. 634
The parties may agree on the sharing of the costs of the transcript but, 635
in the absence of such agreement, the costs shall be paid by the 636
requesting party. 637
Sec. 10. Section 17a-101a of the general statutes is repealed and the 638
following is substituted in lieu thereof (Effective July 1, 2024): 639
(a) (1) Any mandated reporter, as described in section 17a-101, who 640
in the ordinary course of such person's employment or profession has 641
reasonable cause to suspect or believe that any child under the age of 642
eighteen years (A) has been abused or neglected, as described in section 643
46b-120, (B) has had nonaccidental physical injury, or injury which is at 644
variance with the history given of such injury, inflicted upon such child, 645
or (C) is placed at imminent risk of serious harm, or (2) any school 646
employee, as defined in section 53a-65, who in the ordinary course of 647
such person's employment or profession has reasonable cause to suspect 648
or believe that any person who is being educated by the Technical 649
Education and Career System, [or] a local or regional board of 650
education, other than as part of an adult education program, or a 651
nonpublic school, is a victim under the provisions of section 53a-70, 53a-652
70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school 653
employee shall report or cause a report to be made in accordance with 654
the provisions of sections 17a-101b to 17a-101d, inclusive. 655
[(b) (1) Any person required to report under the provisions of this 656 Raised Bill No. 381
LCO No. 2649 21 of 32
section who fails to make such report or fails to make such report within 657
the time period prescribed in sections 17a-101b to 17a-101d, inclusive, 658
and section 17a-103 shall be guilty of a class A misdemeanor, except that 659
such person shall be guilty of a class E felony if (A) such violation is a 660
subsequent violation, (B) such violation was wilful or intentional or due 661
to gross negligence, or (C) such person had actual knowledge that (i) a 662
child was abused or neglected, as described in section 46b-120, or (ii) a 663
person was a victim described in subdivision (2) of subsection (a) of this 664
section. 665
(2) Any person who intentionally and unreasonably interferes with 666
or prevents the making of a report pursuant to this section, or attempts 667
or conspires to do so, shall be guilty of a class D felony. The provisions 668
of this subdivision shall not apply to any child under the age of eighteen 669
years or any person who is being educated by the Technical Education 670
and Career System or a local or regional board of education, other than 671
as part of an adult education program. 672
(3) Any person found guilty under the provisions of this subsection 673
shall be required to participate in an educational and training program. 674
The program may be provided by one or more private organizations 675
approved by the commissioner, provided the entire cost of the program 676
shall be paid from fees charged to the participants, the amount of which 677
shall be subject to the approval of the commissioner. 678
(c) The Commissioner of Children and Families, or the 679
commissioner's designee, shall promptly notify the Chief State's 680
Attorney when there is reason to believe that any such person has failed 681
to make a report in accordance with this section.] 682
[(d)] (b) For purposes of this section and section 17a-101b, a 683
mandated reporter's suspicion or belief may be based on factors 684
including, but not limited to, observations, allegations, facts or 685
statements by a child, victim, as described in subdivision (2) of 686
subsection (a) of this section, or third party. Such suspicion or belief does 687
not require certainty or probable cause. Nothing in this section shall 688 Raised Bill No. 381
LCO No. 2649 22 of 32
preclude a mandated reporter from conducting a preliminary inquiry to 689
determine if reasonable cause exists for such mandated reporter to make 690
a report pursuant to subsection (a) of this section. 691
Sec. 11. Section 17a-101e of the general statutes is repealed and the 692
following is substituted in lieu thereof (Effective July 1, 2024): 693
(a) No employer shall (1) discharge, or in any manner discriminate or 694
retaliate against, any employee who in good faith makes a report 695
pursuant to sections 17a-101a to 17a-101d, inclusive, as amended by this 696
act, and 17a-103, testifies or is about to testify in any proceeding 697
involving child abuse or neglect, or (2) hinder or prevent, or attempt to 698
hinder or prevent, any employee from making a report pursuant to 699
sections 17a-101a to 17a-101d, inclusive, as amended by this act, and 700
17a-103, or testifying in any proceeding involving child abuse or neglect. 701
The Attorney General may bring an action in Superior Court against an 702
employer who violates this subsection. The court may assess a civil 703
penalty of not more than two thousand five hundred dollars and may 704
order such other equitable relief as the court deems appropriate. 705
(b) Any person, institution or agency [which, in good faith,] that (1) 706
makes or does not make, in good faith, a report pursuant to sections 17a-707
101a to 17a-101d, inclusive, as amended by this act, and 17a-103, or (2) 708
provides, in good faith, professional medical intervention or assistance 709
in any proceeding involving child abuse and neglect, including, but not 710
limited to, (A) causing a photograph, x-ray or a physical custody 711
examination to be made, (B) causing a child to be taken into emergency 712
protective custody, (C) disclosing a medical record or other information 713
pertinent to the proceeding, or (D) performing a medically relevant test, 714
shall be immune from any liability, civil or criminal, which might 715
otherwise arise from or be related to the actions taken pursuant to this 716
subsection and shall have the same immunity with respect to any 717
judicial proceeding which results from such report or actions, provided 718
such person did not perpetrate or cause such abuse or neglect. The 719
immunity from civil or criminal liability extends only to actions done 720
pursuant to this subsection and does not extend to the malpractice of a 721 Raised Bill No. 381
LCO No. 2649 23 of 32
medical professional that results in personal injury or death. 722
(c) Any person who is alleged to have knowingly made a false report 723
of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, 724
inclusive, as amended by this act, and 17a-103 shall be referred to the 725
office of the Chief State's Attorney for purposes of a criminal 726
investigation. 727
(d) Any person who knowingly makes a false report of child abuse or 728
neglect pursuant to sections 17a-101a to 17a-101d, inclusive, as amended 729
by this act, and 17a-103 shall be fined not more than two thousand 730
dollars or imprisoned not more than one year or both. 731
Sec. 12. Subsection (d) of section 17a-101i of the general statutes is 732
repealed and the following is substituted in lieu thereof (Effective July 1, 733
2024): 734
(d) If a school employee, as defined in section 53a-65, or any person 735
holding a certificate, permit or authorization issued by the State Board 736
of Education under the provisions of sections 10-144o to 10-149, 737
inclusive, is convicted of a crime involving an act of child abuse or 738
neglect as described in section 46b-120 or a violation of subdivision (2) 739
of subsection [(b) of section 17a-101a] (d) of section 17a-101o, as 740
amended by this act, or section 53-21, 53a-71 or 53a-73a against any 741
person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b 742
against a victim, as described in subdivision (2) of subsection (a) of 743
section 17a-101a, as amended by this act, the state's attorney for the 744
judicial district in which the conviction occurred shall in writing notify 745
the superintendent of the school district or the supervisory agent of the 746
nonpublic school in which the person is employed and the 747
Commissioner of Education of such conviction. 748
Sec. 13. Section 17a-101o of the general statutes is repealed and the 749
following is substituted in lieu thereof (Effective July 1, 2024): 750
(a) If the Commissioner of Children and Families suspects or knows 751
that a mandated reporter, as defined in section 17a-101, [employed by a 752 Raised Bill No. 381
LCO No. 2649 24 of 32
local or regional board of education,] has failed to make a report that a 753
child has been abused or neglected or placed in immediate risk of 754
serious harm within the time period prescribed in sections 17a-101a to 755
[17a-101d] 17a-101c, inclusive, as amended by this act, [and section 17a-756
103,] the commissioner shall make a record of such [delay] failure to 757
report and develop and maintain a database of such records. The 758
commissioner shall [investigate such delayed reporting. Such 759
investigation] conduct an assessment with respect to such failure to 760
report. Such assessment shall be conducted in accordance with the 761
policy developed in subsection (b) of this section, and include the 762
actions taken by the employing local or regional board of education or 763
superintendent of schools for the district in response to such employee's 764
failure to report. 765
(b) The Department of Children and Families shall develop a policy 766
for the [investigation of delayed reports by mandated reporters] 767
assessment of the failure of mandated reporters to make reports within 768
the time period prescribed in sections 17a-101a to 17a-101c, inclusive, as 769
amended by this act. Such policy shall include, but not be limited to, 770
when referrals to the appropriate law enforcement agency for [delayed 771
reporting] the failure to report are required and when the department 772
shall require mandated reporters who have been found to have [delayed 773
making a report] failed to make reports to participate in the educational 774
and training program pursuant to subsection [(b) of section 17a-101a] 775
(d) of this section. 776
(c) The Commissioner of Children and Families, or the 777
commissioner's designee, shall promptly notify the Chief State's 778
Attorney when there is reason to believe that a mandated reporter has 779
failed to make a report in accordance with sections 17a-101a to 17a-101c, 780
inclusive, as amended by this act. 781
(d) (1) Any person required to report under the provisions of section 782
17a-101a, as amended by this act, who fails to make such report or fails 783
to make such report within the time period prescribed in sections 17a-784
101a to 17a-101c, inclusive, as amended by this act, shall be guilty of a 785 Raised Bill No. 381
LCO No. 2649 25 of 32
class A misdemeanor, except that such person shall be guilty of a class 786
E felony if (A) such violation is a subsequent violation, (B) such violation 787
was wilful or intentional or due to gross negligence, or (C) such person 788
had actual knowledge that (i) a child was abused or neglected, as 789
described in section 46b-120, or (ii) a person was a victim described in 790
subdivision (2) of subsection (a) of section 17a-101a, as amended by this 791
act. 792
(2) Any person who intentionally and unreasonably interferes with 793
or prevents the making of a report pursuant to section 17a-101a, as 794
amended by this act, or attempts or conspires to do so, shall be guilty of 795
a class D felony. The provisions of this subdivision shall not apply to 796
any child under the age of eighteen years or any person who is being 797
educated by the Technical Education and Career System, a local or 798
regional board of education, other than as part of an adult education 799
program, or a nonpublic school. 800
(3) Any person found guilty under the provisions of this subsection 801
shall be required to participate in an educational and training program. 802
The program may be provided by one or more private organizations 803
approved by the commissioner and the entire cost of the program shall 804
be paid from fees charged to the participants, the amount of which shall 805
be subject to the approval of the commissioner. 806
[(c)] (e) For purposes of this section, "child" includes any victim 807
described in subdivision (2) of subsection (a) of section 17a-101a, as 808
amended by this act. 809
Sec. 14. Subdivision (3) of subsection (i) of section 10-145b of the 810
general statutes is repealed and the following is substituted in lieu 811
thereof (Effective July 1, 2024): 812
(3) When the Commissioner of Education is notified, pursuant to 813
section 10-149a, as amended by this act, or 17a-101i, as amended by this 814
act, that a person holding a certificate, permit or authorization issued by 815
the State Board of Education under the provisions of sections 10-144o to 816
10-149, inclusive, has been convicted of (A) a capital felony, under the 817 Raised Bill No. 381
LCO No. 2649 26 of 32
provisions of section 53a-54b in effect prior to April 25, 2012, (B) arson 818
murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B 819
felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a 820
crime involving an act of child abuse or neglect as described in section 821
46b-120, or (F) a violation of section [17a-101a] 17a-101o, as amended by 822
this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-823
73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-824
196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, 825
any certificate, permit or authorization issued by the State Board of 826
Education and held by such person shall be deemed revoked and the 827
commissioner shall notify such person of such revocation, provided 828
such person may request reconsideration pursuant to regulations 829
adopted by the State Board of Education, in accordance with the 830
provisions of chapter 54. As part of such reconsideration process, the 831
board shall make the initial determination as to whether to uphold or 832
overturn the revocation. The commissioner shall make the final 833
determination as to whether to uphold or overturn the revocation. 834
Sec. 15. Section 10-145i of the general statutes is repealed and the 835
following is substituted in lieu thereof (Effective July 1, 2024): 836
Notwithstanding the provisions of sections 10-144o to 10-146b, 837
inclusive, and 10-149, the State Board of Education shall not issue or 838
reissue any certificate, authorization or permit pursuant to said sections 839
if (1) the applicant for such certificate, authorization or permit has been 840
convicted of any of the following: (A) A capital felony, as defined under 841
the provisions of section 53a-54b in effect prior to April 25, 2012; (B) 842
arson murder, as defined in section 53a-54d; (C) any class A felony; (D) 843
any class B felony except a violation of section 53a-122, 53a-252 or 53a-844
291; (E) a crime involving an act of child abuse or neglect as described 845
in section 46b-120; or (F) a violation of section [17a-101a] 17a-101o, as 846
amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 847
53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 848
53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of 849
subsection (a) of section 21a-277, and (2) the applicant completed 850
serving the sentence for such conviction within the five years 851 Raised Bill No. 381
LCO No. 2649 27 of 32
immediately preceding the date of the application. 852
Sec. 16. Section 10-149a of the general statutes is repealed and the 853
following is substituted in lieu thereof (Effective July 1, 2024): 854
If a person holding a certificate, authorization or permit issued by the 855
State Board of Education under the provisions of sections 10-144o to 10-856
149, inclusive, is convicted of a felony or fined pursuant to section [17a-857
101a] 17a-101o, as amended by this act, the state's attorney or assistant 858
state's attorney for the judicial district in which the conviction or fine 859
occurred shall notify, in writing, the Commissioner of Education of such 860
conviction or fine. 861
Sec. 17. Subsection (a) of section 10-222c of the general statutes is 862
repealed and the following is substituted in lieu thereof (Effective July 1, 863
2024): 864
(a) No local or regional board of education, governing council of a 865
state or local charter school, interdistrict magnet school operator or 866
supervisory agent of a nonpublic school shall offer employment to an 867
applicant for a position, including any position which is contracted for, 868
if such applicant would have direct student contact, prior to such board, 869
council, operator or supervisory agent: 870
(1) Requiring of such applicant: 871
(A) To list the name, address and telephone number of each current 872
or former employer of the applicant, if such current or former employer 873
was a local or regional board of education, council, operator or 874
supervisory agent or if such employment otherwise caused the 875
applicant to have contact with children; 876
(B) A written authorization that (i) consents to and authorizes 877
disclosure by the employers listed under subparagraph (A) of this 878
subdivision of the information requested under subdivision (2) of this 879
subsection and the release of related records by such employers, (ii) 880
consents to and authorizes disclosure by the Department of Education 881 Raised Bill No. 381
LCO No. 2649 28 of 32
of the information requested under subdivision (3) of this subsection 882
and the release of related records by the department, and (iii) releases 883
those employers and the department from liability that may arise from 884
such disclosure or release of records pursuant to subdivision (2) or (3) 885
of this subsection; and 886
(C) A written statement of whether the applicant (i) has been the 887
subject of an abuse or neglect or sexual misconduct investigation by any 888
employer, state agency or municipal police department, unless the 889
investigation resulted in a finding that all allegations were 890
unsubstantiated, (ii) has ever been disciplined or asked to resign from 891
employment or resigned from or otherwise separated from any 892
employment while an allegation of abuse or neglect was pending or 893
under investigation by the Department of Children and Families, or an 894
allegation of sexual misconduct was pending or under investigation or 895
due to an allegation substantiated pursuant to section 17a-101g of abuse 896
or neglect, or of sexual misconduct or a conviction for abuse or neglect 897
or sexual misconduct, or (iii) has ever had a professional or occupational 898
license or certificate suspended or revoked or has ever surrendered such 899
a license or certificate while an allegation of abuse or neglect was 900
pending or under investigation by the department or an investigation 901
of sexual misconduct was pending or under investigation, or due to an 902
allegation substantiated by the department of abuse or neglect or of 903
sexual misconduct or a conviction for abuse or neglect or sexual 904
misconduct; 905
(2) Conducting a review of the employment history of the applicant 906
by contacting those employers listed by the applicant under subdivision 907
(1) of this subsection. Such review shall be conducted using a form 908
developed by the Department of Education in accordance with section 909
3 of public act 16-67 that shall request (A) the dates of employment of 910
the applicant, and (B) a statement as to whether the employer has 911
knowledge that the applicant (i) was the subject of an allegation of abuse 912
or neglect or sexual misconduct for which there is an investigation 913
pending with any employer, state agency or municipal police 914
department or which has been substantiated, unless such substantiation 915 Raised Bill No. 381
LCO No. 2649 29 of 32
has been reversed as a result of an appeal conducted pursuant to section 916
17a-101k; (ii) was disciplined or asked to resign from employment or 917
resigned from or otherwise separated from any employment while an 918
allegation of abuse or neglect or sexual misconduct was pending or 919
under investigation, or due to a substantiation of abuse or neglect or 920
sexual misconduct, unless such substantiation has been reversed as a 921
result of an appeal conducted pursuant to section 17a-101k; or (iii) has 922
ever had a professional or occupational license, certificate, authorization 923
or permit suspended or revoked or has ever surrendered such a license, 924
certificate, authorization or permit while an allegation of abuse or 925
neglect or sexual misconduct was pending or under investigation, or 926
due to a substantiation of abuse or neglect or sexual misconduct, unless 927
such substantiation has been reversed as a result of an appeal conducted 928
pursuant to section 17a-101k. Such review may be conducted 929
telephonically or through written communication. Notwithstanding the 930
provisions of subsection (g) of section 31-51i, not later than five business 931
days after any such current or former employer of the applicant receives 932
a request for such information, such employer shall respond with such 933
information. A local or regional board of education, council, operator or 934
supervisory agent may request more information concerning any 935
response made by a current or former employer, and, notwithstanding 936
the provisions of said subsection (g), such employer shall respond not 937
later than five business days after receiving such request; and 938
(3) Requesting information from the Department of Education 939
concerning (A) the eligibility status for employment of any applicant for 940
a position requiring a certificate, authorization or permit issued 941
pursuant to chapter 166, (B) whether the department has knowledge 942
that a finding has been substantiated by the Department of Children and 943
Families pursuant to section 17a-101g of abuse or neglect or of sexual 944
misconduct against the applicant and any information concerning such 945
a finding, and (C) whether the department has received notification that 946
the applicant has been convicted of a crime or of criminal charges 947
pending against the applicant and any information concerning such 948
charges. 949 Raised Bill No. 381
LCO No. 2649 30 of 32
Sec. 18. Subsection (m) of section 10-222c of the general statutes is 950
repealed and the following is substituted in lieu thereof (Effective July 1, 951
2024): 952
(m) No local or regional board of education, council, operator or 953
supervisory agent shall offer employment to any applicant who had any 954
previous employment contract terminated by a board, council, operator 955
or supervisory agent or who resigned from such employment, if such 956
person has been convicted of a violation of section [17a-101a] 17a-101o, 957
as amended by this act, when an allegation of abuse or neglect or sexual 958
assault has been substantiated. 959
Sec. 19. Section 10-221s of the general statutes is repealed and the 960
following is substituted in lieu thereof (Effective July 1, 2024): 961
(a) Each local and regional board of education shall post the 962
telephone number for the Careline operated by the Department of 963
Children and Families, pursuant to section 17a-103a, and the Internet 964
web site address that provides information about the Careline in a 965
conspicuous location frequented by students in each school under the 966
jurisdiction of the board. Such posting shall be in various languages that 967
are the most appropriate for the students enrolled in the school. 968
(b) A local or regional board of education shall permit and give 969
priority to any investigation conducted by the Commissioner of 970
Children and Families or the appropriate local law enforcement agency 971
that a child has been abused or neglected pursuant to sections 17a-101a 972
to 17a-101d, inclusive, as amended by this act, and section 17a-103. Such 973
board of education shall conduct its own investigation and take any 974
disciplinary action, in accordance with the provisions of section 17a-975
101i, as amended by this act, upon notice from the commissioner or the 976
appropriate local law enforcement agency that such board's 977
investigation will not interfere with the investigation of the 978
commissioner or such local law enforcement agency. An investigation 979
by a board of education shall not include a preliminary inquiry by a 980
school employee, as defined in section 53a-65, to determine whether 981 Raised Bill No. 381
LCO No. 2649 31 of 32
probable cause exists to make a report pursuant to section 17a-101a, as 982
amended by this act. 983
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 New section
Sec. 2 July 1, 2024 New section
Sec. 3 from passage New section
Sec. 4 July 1, 2024 31-3i(a)
Sec. 5 July 1, 2024 10-144d(e)
Sec. 6 July 1, 2024 10-183l(a)
Sec. 7 July 1, 2024 10-151(d)
Sec. 8 July 1, 2024 10-153f
Sec. 9 July 1, 2024 10-153e(e)
Sec. 10 July 1, 2024 17a-101a
Sec. 11 July 1, 2024 17a-101e
Sec. 12 July 1, 2024 17a-101i(d)
Sec. 13 July 1, 2024 17a-101o
Sec. 14 July 1, 2024 10-145b(i)(3)
Sec. 15 July 1, 2024 10-145i
Sec. 16 July 1, 2024 10-149a
Sec. 17 July 1, 2024 10-222c(a)
Sec. 18 July 1, 2024 10-222c(m)
Sec. 19 July 1, 2024 10-221s
Statement of Purpose:
To (1) establish a minimum starting annual salary for teacher; (2)
provide a state subsidy to school districts to cover the cost of
implementing the new minimum starting salary for teachers; (3)
provide COVID-19 recognition payments to teachers who were
providing instruction during the pandemic; (4) include a certified
teacher on the Governor's Workforce Council; (5) amend the charge of
the Connecticut Advisory Council for Teacher Professional Standards;
(6) make revisions to the process by which retired teachers are elected
to the Teachers' Retirement Board; (7) add a just cause standard and
require a neutral hearing officer in teacher contract termination
hearings; (8) require a single arbitrator for arbitration hearings; and (9)
provide teachers with some discretion in their responsibility as
mandated reporters. Raised Bill No. 381
LCO No. 2649 32 of 32
[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.]