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5 | 7 | General Assembly Substitute Bill No. 381 | |
6 | 8 | February Session, 2024 | |
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11 | 13 | ||
12 | - | AN ACT CONCERNING | |
13 | - | REQUIREMENTS. | |
14 | + | AN ACT CONCERNING THE TEACHING PROFESSION AND | |
15 | + | REVISIONS TO THE MANDATED REPORTER REQUIREMENTS. | |
14 | 16 | Be it enacted by the Senate and House of Representatives in General | |
15 | 17 | Assembly convened: | |
16 | 18 | ||
17 | - | Section 1. | |
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30 | - | education | |
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19 | + | Section 1. (NEW) (Effective July 1, 2024) Any collective bargaining 1 | |
20 | + | agreement entered into, amended or extended on or after July 1, 2025, 2 | |
21 | + | between a local or regional board of education and the representatives 3 | |
22 | + | of the exclusive bargaining unit for certified employees, chosen 4 | |
23 | + | pursuant to section 10-153b of the general statutes, shall establish a 5 | |
24 | + | minimum salary for certified teachers that is not less than sixty thousand 6 | |
25 | + | dollars annually. 7 | |
26 | + | Sec. 2. (NEW) (Effective July 1, 2024) For the fiscal year ending June 30, 8 | |
27 | + | 2026, and annually thereafter, the Office of Policy and Management 9 | |
28 | + | shall create an independent appropriation for the purposes of providing 10 | |
29 | + | a teacher salary enhancement subsidy to local and regional boards of 11 | |
30 | + | education. The office shall use the funds available in such independent 12 | |
31 | + | appropriation to provide a subsidy to each local or regional board of 13 | |
32 | + | education in an amount equal to the difference between the annual 14 | |
33 | + | salary, as of July 1, 2024, of a certified teacher who is employed by such 15 | |
34 | + | board on said date and the minimum salary required pursuant to 16 | |
35 | + | section 1 of this act for each certified teacher employed by such board of 17 | |
36 | + | education whose annual salary is less than sixty thousand dollars. Any 18 Substitute Bill No. 381 | |
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39 | - | [(b) (1) Any person required to report under the provisions of this 19 | |
40 | - | section who fails to make such report or fails to make such report within 20 | |
41 | - | the time period prescribed in sections 17a-101b to 17a-101d, inclusive, 21 | |
42 | - | and section 17a-103 shall be guilty of a class A misdemeanor, except that 22 | |
43 | - | such person shall be guilty of a class E felony if (A) such violation is a 23 | |
44 | - | subsequent violation, (B) such violation was wilful or intentional or due 24 | |
45 | - | to gross negligence, or (C) such person had actual knowledge that (i) a 25 | |
46 | - | child was abused or neglected, as described in section 46b-120, or (ii) a 26 | |
47 | - | person was a victim described in subdivision (2) of subsection (a) of this 27 | |
48 | - | section. 28 | |
49 | - | (2) Any person who intentionally and unreasonably interferes with 29 | |
50 | - | or prevents the making of a report pursuant to this section, or attempts 30 | |
51 | - | or conspires to do so, shall be guilty of a class D felony. The provisions 31 | |
52 | - | of this subdivision shall not apply to any child under the age of eighteen 32 | |
53 | - | years or any person who is being educated by the Technical Education 33 | |
54 | - | and Career System or a local or regional board of education, other than 34 | |
55 | - | as part of an adult education program. 35 | |
56 | - | (3) Any person found guilty under the provisions of this subsection 36 | |
57 | - | shall be required to participate in an educational and training program. 37 | |
58 | - | The program may be provided by one or more private organizations 38 | |
59 | - | approved by the commissioner, provided the entire cost of the program 39 | |
60 | - | shall be paid from fees charged to the participants, the amount of which 40 | |
61 | - | shall be subject to the approval of the commissioner. 41 | |
62 | - | (c) The Commissioner of Children and Families, or the 42 | |
63 | - | commissioner's designee, shall promptly notify the Chief State's 43 | |
64 | - | Attorney when there is reason to believe that any such person has failed 44 | |
65 | - | to make a report in accordance with this section.] 45 | |
66 | - | [(d)] (b) For purposes of this section and section 17a-101b, a 46 | |
67 | - | mandated reporter's suspicion or belief may be based on factors 47 | |
68 | - | including, but not limited to, observations, allegations, facts or 48 | |
69 | - | statements by a child, victim, as described in subdivision (2) of 49 | |
70 | - | subsection (a) of this section, or third party. Such suspicion or belief does 50 Substitute Bill No. 381 | |
43 | + | such subsidy provided to a local or regional board of education under 19 | |
44 | + | this section shall not be combined with any other state grant provided 20 | |
45 | + | to local or regional boards of education under any provision of the 21 | |
46 | + | general statutes. 22 | |
47 | + | Sec. 3. (Effective from passage) The sum of fifty-five million dollars is 23 | |
48 | + | allocated, in accordance with the provisions of special act 21-1, from the 24 | |
49 | + | federal funds designated for the state pursuant to the provisions of 25 | |
50 | + | Section 602 of Subtitle M of Title IX of the American Rescue Plan Act of 26 | |
51 | + | 2021, P.L. 117-2, as amended from time to time, to the Department of 27 | |
52 | + | Education, for the fiscal year ending June 30, 2024, for the purpose of 28 | |
53 | + | providing a COVID-19 recognition payment in the amount of one 29 | |
54 | + | thousand dollars to each certified teacher who was employed by a local 30 | |
55 | + | or regional board of education and providing instruction during the 31 | |
56 | + | school years commencing July 1, 2019, and July 1, 2020. 32 | |
57 | + | Sec. 4. Subsection (a) of section 31-3i of the 2024 supplement to the 33 | |
58 | + | general statutes is repealed and the following is substituted in lieu 34 | |
59 | + | thereof (Effective July 1, 2024): 35 | |
60 | + | (a) Pursuant to Section 101 of the federal Workforce Innovation and 36 | |
61 | + | Opportunity Act of 2014, P.L. 113-128, the members of the Governor's 37 | |
62 | + | Workforce Council shall be: 38 | |
63 | + | (1) The Governor; 39 | |
64 | + | (2) A member of the House of Representatives, appointed by the 40 | |
65 | + | speaker of the House of Representatives, and a member of the Senate, 41 | |
66 | + | appointed by the president pro tempore of the Senate; 42 | |
67 | + | (3) Twenty-four members, appointed by the Governor, who (A) are 43 | |
68 | + | owners of a business, chief executives or operating officers of a business, 44 | |
69 | + | or other business executives or employers with optimum policy-making 45 | |
70 | + | or hiring authority; (B) represent businesses or organizations 46 | |
71 | + | representing businesses that provide employment opportunities that, at 47 | |
72 | + | a minimum, include high-quality, work-relevant training and 48 | |
73 | + | development in in-demand industry sectors or occupation in the state; 49 Substitute Bill No. 381 | |
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75 | - | not require certainty or probable cause. Nothing in this section shall 51 | |
76 | - | preclude a mandated reporter from conducting a preliminary inquiry to 52 | |
77 | - | determine if reasonable cause exists for such mandated reporter to make 53 | |
78 | - | a report pursuant to subsection (a) of this section. 54 | |
79 | - | Sec. 2. Section 17a-101e of the general statutes is repealed and the 55 | |
80 | - | following is substituted in lieu thereof (Effective July 1, 2024): 56 | |
81 | - | (a) No employer shall (1) discharge, or in any manner discriminate or 57 | |
82 | - | retaliate against, any employee who in good faith makes a report 58 | |
83 | - | pursuant to sections 17a-101a to 17a-101d, inclusive, as amended by this 59 | |
84 | - | act, and 17a-103, testifies or is about to testify in any proceeding 60 | |
85 | - | involving child abuse or neglect, or (2) hinder or prevent, or attempt to 61 | |
86 | - | hinder or prevent, any employee from making a report pursuant to 62 | |
87 | - | sections 17a-101a to 17a-101d, inclusive, as amended by this act, and 63 | |
88 | - | 17a-103, or testifying in any proceeding involving child abuse or neglect. 64 | |
89 | - | The Attorney General may bring an action in Superior Court against an 65 | |
90 | - | employer who violates this subsection. The court may assess a civil 66 | |
91 | - | penalty of not more than two thousand five hundred dollars and may 67 | |
92 | - | order such other equitable relief as the court deems appropriate. 68 | |
93 | - | (b) Any person, institution or agency [which, in good faith,] that (1) 69 | |
94 | - | makes or does not make, in good faith, a report pursuant to sections 17a-70 | |
95 | - | 101a to 17a-101d, inclusive, as amended by this act, and 17a-103, or (2) 71 | |
96 | - | provides, in good faith, professional medical intervention or assistance 72 | |
97 | - | in any proceeding involving child abuse and neglect, including, but not 73 | |
98 | - | limited to, (A) causing a photograph, x-ray or a physical custody 74 | |
99 | - | examination to be made, (B) causing a child to be taken into emergency 75 | |
100 | - | protective custody, (C) disclosing a medical record or other information 76 | |
101 | - | pertinent to the proceeding, or (D) performing a medically relevant test, 77 | |
102 | - | shall be immune from any liability, civil or criminal, which might 78 | |
103 | - | otherwise arise from or be related to the actions taken pursuant to this 79 | |
104 | - | subsection and shall have the same immunity with respect to any 80 | |
105 | - | judicial proceeding which results from such report or actions, provided 81 | |
106 | - | such person did not perpetrate or cause such abuse or neglect. The 82 | |
107 | - | immunity from civil or criminal liability extends only to actions done 83 Substitute Bill No. 381 | |
80 | + | or (C) have been nominated by state business organizations or business 50 | |
81 | + | trade associations. At a minimum, at least one such member shall 51 | |
82 | + | represent small businesses, as defined by the United States Small 52 | |
83 | + | Business Administration. 53 | |
84 | + | (4) The Labor Commissioner, Commissioner of Aging and Disability 54 | |
85 | + | Services, Commissioner of Education, Commissioner of Economic and 55 | |
86 | + | Community Development and the Chief Workforce Officer, or their 56 | |
87 | + | respective designees; 57 | |
88 | + | (5) Four representatives of labor organizations, who have been 58 | |
89 | + | nominated by state labor federations and appointed by the Governor; 59 | |
90 | + | (6) An individual, appointed by the Governor, who is a member of a 60 | |
91 | + | labor organization or a training director from a joint labor-management 61 | |
92 | + | apprenticeship program, or, if no such joint program exists in the state, 62 | |
93 | + | such a representative of an apprenticeship program in the state; 63 | |
94 | + | (7) An individual, appointed by the Governor, who is an expert in 64 | |
95 | + | residential construction; 65 | |
96 | + | (8) Five members, appointed by the Governor, who represent 66 | |
97 | + | community-based organizations that have demonstrated experience 67 | |
98 | + | and expertise in addressing employment, training, or education, 68 | |
99 | + | including one representative of a community action agency, as defined 69 | |
100 | + | in section 17b-885, and one representative of a philanthropic 70 | |
101 | + | organization; 71 | |
102 | + | (9) A representative from the Connecticut State Colleges and 72 | |
103 | + | Universities, a representative from The University of Connecticut and a 73 | |
104 | + | representative from a nonprofit institution of higher education in the 74 | |
105 | + | state, each appointed by the Governor; 75 | |
106 | + | (10) A representative from a regional vocational-technical school and 76 | |
107 | + | a representative from a regional agricultural science and technology 77 | |
108 | + | school, each appointed by the Governor; 78 Substitute Bill No. 381 | |
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115 | + | (11) Two superintendents of a local or regional board of education, 79 | |
116 | + | appointed by the Governor; 80 | |
117 | + | (12) A certified teacher employed by a local or regional board of 81 | |
118 | + | education, appointed by the Governor; 82 | |
119 | + | [(12)] (13) Two chief elected officials of municipalities, appointed by 83 | |
120 | + | the Governor; and 84 | |
121 | + | [(13)] (14) Two members of the public, who are enrolled in or who 85 | |
122 | + | have recently completed a nondegree workforce training program, 86 | |
123 | + | appointed by the Governor. 87 | |
124 | + | Sec. 5. Subsection (e) of section 10-144d of the 2024 supplement to the 88 | |
125 | + | general statutes is repealed and the following is substituted in lieu 89 | |
126 | + | thereof (Effective July 1, 2024): 90 | |
127 | + | (e) The council shall (1) advise the [State Board of Education, the 91 | |
128 | + | Governor] Commissioner of Education and the joint standing 92 | |
129 | + | committee of the General Assembly having cognizance of matters 93 | |
130 | + | relating to education concerning [teacher preparation,] teacher 94 | |
131 | + | recruitment, teacher retention, [teacher certification,] teacher 95 | |
132 | + | professional development, teacher assessment and evaluation, [and] 96 | |
133 | + | teacher professional discipline, [; (2) review and comment upon all 97 | |
134 | + | regulations and other standards concerning the approval of teacher 98 | |
135 | + | preparation programs and teacher certification] the equitable 99 | |
136 | + | distribution of teachers, diversity of the teaching workforce, special 100 | |
137 | + | education, testing and assessment of students, school safety and social-101 | |
138 | + | emotional learning; (2) share perspectives on the impact of proposed 102 | |
139 | + | policies and initiatives on classroom practice with the commissioner and 103 | |
140 | + | the joint standing committee of the General Assembly having 104 | |
141 | + | cognizance of matters relating to education; (3) provide suggestions and 105 | |
142 | + | feedback on guidance to be sent to school districts related to the 106 | |
143 | + | implementation of such policies and initiatives with the commissioner; 107 | |
144 | + | and [(3)] (4) report to the [State Board of Education, the Governor] 108 | |
145 | + | commissioner and the joint standing committee of the General 109 Substitute Bill No. 381 | |
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152 | + | Assembly having cognizance of matters relating to education not later 110 | |
153 | + | than January 15, 1991, and annually thereafter, on its activities and 111 | |
154 | + | recommendations, if any, concerning the condition of the teaching 112 | |
155 | + | profession. 113 | |
156 | + | Sec. 6. Subsection (d) of section 10-151 of the general statutes is 114 | |
157 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 115 | |
158 | + | 2024): 116 | |
159 | + | (d) The contract of employment of a teacher who has attained tenure 117 | |
160 | + | shall be continued from school year to school year, except that it may be 118 | |
161 | + | terminated at any time for one or more of the following reasons: (1) 119 | |
162 | + | Inefficiency, incompetence or ineffectiveness, provided, if a teacher is 120 | |
163 | + | notified on or after July 1, 2014, that termination is under consideration 121 | |
164 | + | due to incompetence or ineffectiveness, the determination of 122 | |
165 | + | incompetence or ineffectiveness is based on evaluation of the teacher 123 | |
166 | + | using teacher evaluation guidelines established pursuant to section 10-124 | |
167 | + | 151b; (2) insubordination against reasonable rules of the board of 125 | |
168 | + | education; (3) moral misconduct; (4) disability, as shown by competent 126 | |
169 | + | medical evidence; (5) elimination of the position to which the teacher 127 | |
170 | + | was appointed or loss of a position to another teacher, if no other 128 | |
171 | + | position exists to which such teacher may be appointed if qualified, 129 | |
172 | + | provided such teacher, if qualified, shall be appointed to a position held 130 | |
173 | + | by a teacher who has not attained tenure, and provided further that 131 | |
174 | + | determination of the individual contract or contracts of employment to 132 | |
175 | + | be terminated shall be made in accordance with either (A) a provision 133 | |
176 | + | for a layoff procedure agreed upon by the board of education and the 134 | |
177 | + | exclusive employees' representative organization, or (B) in the absence 135 | |
178 | + | of such agreement, a written policy of the board of education; or (6) 136 | |
179 | + | other [due and sufficient] just cause. Nothing in this section or in any 137 | |
180 | + | other section of the general statutes or of any special act shall preclude 138 | |
181 | + | a board of education from making an agreement with an exclusive 139 | |
182 | + | bargaining representative which contains a recall provision. Prior to 140 | |
183 | + | terminating a contract, the superintendent shall give the teacher 141 | |
184 | + | concerned a written notice that termination of such teacher's contract is 142 Substitute Bill No. 381 | |
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184 | - | 101a to 17a-101c, inclusive, as amended by this act, shall be guilty of a 148 | |
185 | - | class A misdemeanor, except that such person shall be guilty of a class 149 | |
186 | - | E felony if (A) such violation is a subsequent violation, (B) such violation 150 | |
187 | - | was wilful or intentional or due to gross negligence, or (C) such person 151 | |
188 | - | had actual knowledge that (i) a child was abused or neglected, as 152 | |
189 | - | described in section 46b-120, or (ii) a person was a victim described in 153 | |
190 | - | subdivision (2) of subsection (a) of section 17a-101a, as amended by this 154 | |
191 | - | act. 155 | |
192 | - | (2) Any person who intentionally and unreasonably interferes with 156 | |
193 | - | or prevents the making of a report pursuant to section 17a-101a, as 157 | |
194 | - | amended by this act, or attempts or conspires to do so, shall be guilty of 158 | |
195 | - | a class D felony. The provisions of this subdivision shall not apply to 159 | |
196 | - | any child under the age of eighteen years or any person who is being 160 | |
197 | - | educated by the Technical Education and Career System, a local or 161 | |
198 | - | regional board of education, other than as part of an adult education 162 | |
199 | - | program, or a nonpublic school. 163 | |
200 | - | (3) Any person found guilty under the provisions of this subsection 164 | |
201 | - | shall be required to participate in an educational and training program. 165 | |
202 | - | The program may be provided by one or more private organizations 166 | |
203 | - | approved by the commissioner and the entire cost of the program shall 167 | |
204 | - | be paid from fees charged to the participants, the amount of which shall 168 | |
205 | - | be subject to the approval of the commissioner. 169 | |
206 | - | [(c)] (e) For purposes of this section, "child" includes any victim 170 | |
207 | - | described in subdivision (2) of subsection (a) of section 17a-101a, as 171 | |
208 | - | amended by this act. 172 | |
209 | - | Sec. 5. Subdivision (3) of subsection (i) of section 10-145b of the 173 | |
210 | - | general statutes is repealed and the following is substituted in lieu 174 | |
211 | - | thereof (Effective July 1, 2024): 175 | |
212 | - | (3) When the Commissioner of Education is notified, pursuant to 176 | |
213 | - | section 10-149a, as amended by this act, or 17a-101i, as amended by this 177 | |
214 | - | act, that a person holding a certificate, permit or authorization issued by 178 | |
215 | - | the State Board of Education under the provisions of sections 10-144o to 179 Substitute Bill No. 381 | |
191 | + | under consideration and give such teacher a statement of the reasons for 143 | |
192 | + | such consideration of termination. Not later than ten calendar days after 144 | |
193 | + | receipt of written notice by the superintendent that contract termination 145 | |
194 | + | is under consideration, such teacher may file with the local or regional 146 | |
195 | + | board of education a written request for a hearing. [A board of 147 | |
196 | + | education may designate a subcommittee of three or more board 148 | |
197 | + | members to conduct hearings and submit written findings and 149 | |
198 | + | recommendations to the board for final disposition in the case of 150 | |
199 | + | teachers whose contracts are terminated.] Such hearing shall commence 151 | |
200 | + | not later than fifteen calendar days after receipt of such request, unless 152 | |
201 | + | the parties mutually agree to an extension, not to exceed fifteen calendar 153 | |
202 | + | days [(A) before the board of education or a subcommittee of the board, 154 | |
203 | + | or (B) if indicated in such request or if designated by the board] before 155 | |
204 | + | an impartial hearing officer chosen by the teacher and the 156 | |
205 | + | superintendent. If the parties are unable to agree upon the choice of a 157 | |
206 | + | hearing officer not later than five calendar days after the decision to use 158 | |
207 | + | a hearing officer, the hearing officer shall be selected with the assistance 159 | |
208 | + | of the American Arbitration Association using its expedited selection 160 | |
209 | + | process and in accordance with its rules for selection of a neutral 161 | |
210 | + | arbitrator in grievance arbitration. If the hearing officer is not selected 162 | |
211 | + | with the assistance of such association after five days, the hearing shall 163 | |
212 | + | be held before the board of education or a subcommittee of the board. 164 | |
213 | + | When the reason for termination is incompetence or ineffectiveness, the 165 | |
214 | + | hearing shall [(i)] (A) address the question of whether the performance 166 | |
215 | + | evaluation ratings of the teacher were determined in good faith in 167 | |
216 | + | accordance with the program adopted by the local or regional board of 168 | |
217 | + | education pursuant to section 10-151b and were reasonable in light of 169 | |
218 | + | the evidence presented, and [(ii)] (B) be limited to twelve total hours of 170 | |
219 | + | evidence and testimony, with each side allowed not more than six hours 171 | |
220 | + | to present evidence and testimony except the board, subcommittee of 172 | |
221 | + | the board or impartial hearing officer may extend the time period for 173 | |
222 | + | evidence and testimony at the hearing when good cause is shown. Not 174 | |
223 | + | later than forty-five calendar days after receipt of the request for a 175 | |
224 | + | hearing, the [subcommittee of the board or] hearing officer, unless the 176 | |
225 | + | parties mutually agree to an extension not to exceed fifteen calendar 177 Substitute Bill No. 381 | |
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220 | - | 10-149, inclusive, has been convicted of (A) a capital felony, under the 180 | |
221 | - | provisions of section 53a-54b in effect prior to April 25, 2012, (B) arson 181 | |
222 | - | murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B 182 | |
223 | - | felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a 183 | |
224 | - | crime involving an act of child abuse or neglect as described in section 184 | |
225 | - | 46b-120, or (F) a violation of section [17a-101a] 17a-101o, as amended by 185 | |
226 | - | this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-186 | |
227 | - | 73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-187 | |
228 | - | 196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, 188 | |
229 | - | any certificate, permit or authorization issued by the State Board of 189 | |
230 | - | Education and held by such person shall be deemed revoked and the 190 | |
231 | - | commissioner shall notify such person of such revocation, provided 191 | |
232 | - | such person may request reconsideration pursuant to regulations 192 | |
233 | - | adopted by the State Board of Education, in accordance with the 193 | |
234 | - | provisions of chapter 54. As part of such reconsideration process, the 194 | |
235 | - | board shall make the initial determination as to whether to uphold or 195 | |
236 | - | overturn the revocation. The commissioner shall make the final 196 | |
237 | - | determination as to whether to uphold or overturn the revocation. 197 | |
238 | - | Sec. 6. Section 10-145i of the general statutes is repealed and the 198 | |
239 | - | following is substituted in lieu thereof (Effective July 1, 2024): 199 | |
240 | - | Notwithstanding the provisions of sections 10-144o to 10-146b, 200 | |
241 | - | inclusive, and 10-149, the State Board of Education shall not issue or 201 | |
242 | - | reissue any certificate, authorization or permit pursuant to said sections 202 | |
243 | - | if (1) the applicant for such certificate, authorization or permit has been 203 | |
244 | - | convicted of any of the following: (A) A capital felony, as defined under 204 | |
245 | - | the provisions of section 53a-54b in effect prior to April 25, 2012; (B) 205 | |
246 | - | arson murder, as defined in section 53a-54d; (C) any class A felony; (D) 206 | |
247 | - | any class B felony except a violation of section 53a-122, 53a-252 or 53a-207 | |
248 | - | 291; (E) a crime involving an act of child abuse or neglect as described 208 | |
249 | - | in section 46b-120; or (F) a violation of section [17a-101a] 17a-101o, as 209 | |
250 | - | amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 210 | |
251 | - | 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 211 | |
252 | - | 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of 212 | |
253 | - | subsection (a) of section 21a-277, and (2) the applicant completed 213 Substitute Bill No. 381 | |
232 | + | days, shall [submit written findings and a recommendation to the board 178 | |
233 | + | of education as to the disposition of the charges against the teacher and 179 | |
234 | + | shall send a copy of such findings and recommendation to the teacher. 180 | |
235 | + | The board of education shall give the teacher concerned its written 181 | |
236 | + | decision not later than fifteen calendar days after receipt of the written 182 | |
237 | + | recommendation of the subcommittee or hearing officer] render to the 183 | |
238 | + | board of education and the teacher a written disposition that shall be 184 | |
239 | + | binding on the parties. Each party shall share equally the fee of the 185 | |
240 | + | hearing officer and all other costs incidental to the hearing. [If the 186 | |
241 | + | hearing is before the board of education, the board shall render its 187 | |
242 | + | decision not later than fifteen calendar days after the close of such 188 | |
243 | + | hearing and shall send a copy of its decision to the teacher.] The hearing 189 | |
244 | + | shall be public if the teacher so requests. [or the board, subcommittee or 190 | |
245 | + | hearing officer so designates.] The teacher concerned shall have the right 191 | |
246 | + | to appear with counsel at the hearing, whether public or private. [A 192 | |
247 | + | copy of a transcript of the proceedings of the hearing shall be furnished 193 | |
248 | + | by the board of education, upon written request by the teacher within 194 | |
249 | + | fifteen days after the board's decision, provided the teacher shall assume 195 | |
250 | + | the cost of any such copy.] Nothing [herein] contained in this section 196 | |
251 | + | shall deprive a board of education or superintendent of the power to 197 | |
252 | + | suspend a teacher from duty immediately when serious misconduct is 198 | |
253 | + | charged without prejudice to the rights of the teacher as otherwise 199 | |
254 | + | provided in this section. 200 | |
255 | + | Sec. 7. Section 10-153f of the general statutes is repealed and the 201 | |
256 | + | following is substituted in lieu thereof (Effective July 1, 2024): 202 | |
257 | + | (a) There shall be in the Department of Education an arbitration panel 203 | |
258 | + | of not less than [twenty-four] ten or more than [twenty-nine] fifteen 204 | |
259 | + | persons to serve as provided in subsection (c) of this section. The 205 | |
260 | + | Governor shall appoint the members of such panel, with the advice and 206 | |
261 | + | consent of the General Assembly, as follows: [(1) Seven members who 207 | |
262 | + | are representative of the interests of local and regional boards of 208 | |
263 | + | education and selected from lists of names submitted by such boards; 209 | |
264 | + | (2) seven members who are representative of the interests of exclusive 210 Substitute Bill No. 381 | |
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258 | - | serving the sentence for such conviction within the five years 214 | |
259 | - | immediately preceding the date of the application. 215 | |
260 | - | Sec. 7. Section 10-149a of the general statutes is repealed and the 216 | |
261 | - | following is substituted in lieu thereof (Effective July 1, 2024): 217 | |
262 | - | If a person holding a certificate, authorization or permit issued by the 218 | |
263 | - | State Board of Education under the provisions of sections 10-144o to 10-219 | |
264 | - | 149, inclusive, is convicted of a felony or fined pursuant to section [17a-220 | |
265 | - | 101a] 17a-101o, as amended by this act, the state's attorney or assistant 221 | |
266 | - | state's attorney for the judicial district in which the conviction or fine 222 | |
267 | - | occurred shall notify, in writing, the Commissioner of Education of such 223 | |
268 | - | conviction or fine. 224 | |
269 | - | Sec. 8. Subsection (a) of section 10-222c of the general statutes is 225 | |
270 | - | repealed and the following is substituted in lieu thereof (Effective July 1, 226 | |
271 | - | 2024): 227 | |
272 | - | (a) No local or regional board of education, governing council of a 228 | |
273 | - | state or local charter school, interdistrict magnet school operator or 229 | |
274 | - | supervisory agent of a nonpublic school shall offer employment to an 230 | |
275 | - | applicant for a position, including any position which is contracted for, 231 | |
276 | - | if such applicant would have direct student contact, prior to such board, 232 | |
277 | - | council, operator or supervisory agent: 233 | |
278 | - | (1) Requiring of such applicant: 234 | |
279 | - | (A) To list the name, address and telephone number of each current 235 | |
280 | - | or former employer of the applicant, if such current or former employer 236 | |
281 | - | was a local or regional board of education, council, operator or 237 | |
282 | - | supervisory agent or if such employment otherwise caused the 238 | |
283 | - | applicant to have contact with children; 239 | |
284 | - | (B) A written authorization that (i) consents to and authorizes 240 | |
285 | - | disclosure by the employers listed under subparagraph (A) of this 241 | |
286 | - | subdivision of the information requested under subdivision (2) of this 242 | |
287 | - | subsection and the release of related records by such employers, (ii) 243 Substitute Bill No. 381 | |
271 | + | bargaining representatives of certified employees and selected from lists 211 | |
272 | + | of names submitted by such bargaining representatives; and (3) not] Not 212 | |
273 | + | less than ten or more than fifteen members who are impartial 213 | |
274 | + | representatives of the interests of the public in general, residents of the 214 | |
275 | + | state of Connecticut, experienced in public sector collective bargaining 215 | |
276 | + | interest impasse resolution and selected from lists of names submitted 216 | |
277 | + | by the State Board of Education. The lists of names submitted to the 217 | |
278 | + | Governor [pursuant to subdivisions (1) to (3), inclusive, of this 218 | |
279 | + | subsection] shall, in addition to complying with the provisions of 219 | |
280 | + | section 4-9b, include a report from the State Board of Education 220 | |
281 | + | certifying that the process conducted for soliciting applicants made 221 | |
282 | + | adequate outreach to minority communities and documenting that the 222 | |
283 | + | number and make-up of minority applicants considered reflect the 223 | |
284 | + | state's racial and ethnic diversity. Each member of the panel serving on 224 | |
285 | + | or appointed after January 1, 2016, shall serve a term of four years, 225 | |
286 | + | except that (1) each arbitrator shall hold office until a successor is 226 | |
287 | + | appointed and any arbitrator not reappointed shall finish to conclusion 227 | |
288 | + | any arbitration for which such arbitrator has been selected or appointed, 228 | |
289 | + | and (2) the term of each arbitrator who is a representative of the interests 229 | |
290 | + | of local and regional boards of education or is a representative of the 230 | |
291 | + | interests of exclusive bargaining representatives of certified employees 231 | |
292 | + | shall terminate on July 1, 2024. Arbitrators may be removed for good 232 | |
293 | + | cause. If any vacancy occurs in such panel, the Governor shall act within 233 | |
294 | + | forty days to fill such vacancy in the manner provided in section 4-19. 234 | |
295 | + | Persons appointed to the arbitration panel shall serve without 235 | |
296 | + | compensation but each shall receive a per diem fee for any day during 236 | |
297 | + | which such person is engaged in the arbitration of a dispute pursuant to 237 | |
298 | + | this section. The parties to the dispute so arbitrated shall pay the fee in 238 | |
299 | + | accordance with subsection (c) of this section. 239 | |
300 | + | (b) If any local or regional board of education cannot agree with the 240 | |
301 | + | exclusive representatives of a teachers' or administrators' unit after 241 | |
302 | + | negotiation concerning the terms and conditions of employment 242 | |
303 | + | applicable to the employees in such unit, either party may submit the 243 | |
304 | + | issues to the commissioner for mediation. On the one hundred sixtieth 244 Substitute Bill No. 381 | |
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311 | + | day prior to the budget submission date, the commissioner shall order 245 | |
312 | + | the parties to report their settlement. If, on such one hundred sixtieth 246 | |
313 | + | day, the parties have not reached agreement and have failed to initiate 247 | |
314 | + | mediation, the commissioner shall order the parties to notify the 248 | |
315 | + | commissioner of the name of a mutually selected mediator and to 249 | |
316 | + | commence mediation. The commissioner may order the parties to 250 | |
317 | + | appear before said commissioner during the mediation period. In either 251 | |
318 | + | case, the parties shall meet with a mediator mutually selected by them, 252 | |
319 | + | provided such parties shall inform the commissioner of the name of 253 | |
320 | + | such mediator, or with the commissioner or the commissioner's agents 254 | |
321 | + | or a mediator designated by said commissioner. Mediators shall be 255 | |
322 | + | chosen from a panel of mediators selected by the State Board of 256 | |
323 | + | Education or from outside such panel if mutually agreed by the parties. 257 | |
324 | + | Such mediators shall receive a per diem fee determined on the basis of 258 | |
325 | + | the prevailing rate for such services, and the parties shall share equally 259 | |
326 | + | in the cost of such mediation. In any civil or criminal case, any 260 | |
327 | + | proceeding preliminary thereto, or in any legislative or administrative 261 | |
328 | + | proceeding, a mediator shall not disclose any confidential 262 | |
329 | + | communication made to such mediator in the course of mediation 263 | |
330 | + | unless the party making such communication waives such privilege. 264 | |
331 | + | The parties shall provide such information as the commissioner may 265 | |
332 | + | require. The commissioner may recommend a basis for settlement but 266 | |
333 | + | such recommendations shall not be binding upon the parties. Such 267 | |
334 | + | recommendation shall be made [within] not later than twenty-five days 268 | |
335 | + | after the day on which mediation begins. 269 | |
336 | + | (c) (1) On the fourth day next following the end of the mediation 270 | |
337 | + | session or on the one hundred thirty-fifth day prior to the budget 271 | |
338 | + | submission date, whichever is sooner, the commissioner shall order the 272 | |
339 | + | parties to report their settlement of the dispute or, if there is no 273 | |
340 | + | settlement, to notify the commissioner of either their agreement to 274 | |
341 | + | submit their dispute to a single arbitrator. [or the name of the arbitrator 275 | |
342 | + | selected by each of them. Within] Not later than five days of providing 276 | |
343 | + | such notice, the parties shall notify the commissioner of the name of the 277 | |
344 | + | arbitrator if there is an agreement on a single arbitrator appointed to the 278 Substitute Bill No. 381 | |
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351 | + | panel pursuant to [subdivision (3) of] subsection (a) of this section. [or 279 | |
352 | + | agreement on the third arbitrator appointed to the panel pursuant to 280 | |
353 | + | said subdivision.] The commissioner may order the parties to appear 281 | |
354 | + | before said commissioner during the arbitration period. If the parties 282 | |
355 | + | have notified the commissioner of their agreement to submit their 283 | |
356 | + | dispute to a single arbitrator and they have not agreed on such 284 | |
357 | + | arbitrator, [within] not later than five days after such notification, the 285 | |
358 | + | commissioner shall select such single arbitrator who shall be an 286 | |
359 | + | impartial representative of the interests of the public in general. [If each 287 | |
360 | + | party has notified the commissioner of the name of the arbitrator it has 288 | |
361 | + | selected and the parties have not agreed on the third arbitrator, within 289 | |
362 | + | five days after such notification, the commissioner shall select a third 290 | |
363 | + | arbitrator, who shall be an impartial representative of the interests of the 291 | |
364 | + | public in general. If either party fails to notify the commissioner of the 292 | |
365 | + | name of an arbitrator, the commissioner shall select an arbitrator to 293 | |
366 | + | serve and the commissioner shall also select a third arbitrator who shall 294 | |
367 | + | be an impartial representative of the interests of the public in general.] 295 | |
368 | + | Any selection pursuant to this section by the commissioner of an 296 | |
369 | + | impartial arbitrator shall be made at random from among the members 297 | |
370 | + | appointed under [subdivision (3) of] subsection (a) of this section. 298 | |
371 | + | Arbitrators shall be selected from the panel appointed pursuant to 299 | |
372 | + | subsection (a) of this section and shall receive a per diem fee determined 300 | |
373 | + | on the basis of the prevailing rate for such services. [Whenever a panel 301 | |
374 | + | of three arbitrators is selected, the chairperson of such panel shall be the 302 | |
375 | + | impartial representative of the interests of the public in general.] 303 | |
376 | + | (2) The [chairperson of the arbitration panel or the single] arbitrator 304 | |
377 | + | shall set the date, time and place for a hearing to be held in the school 305 | |
378 | + | district between the fifth and twelfth day, inclusive, after such 306 | |
379 | + | [chairperson or such single] arbitrator is selected. At least five days prior 307 | |
380 | + | to such hearing, a written notice of the date, time and place of the 308 | |
381 | + | hearing shall be sent to the board of education and the representative 309 | |
382 | + | organization which are parties to the dispute. [, and, if a three-member 310 | |
383 | + | arbitration panel is selected or designated, to the other members of such 311 | |
384 | + | panel.] Such written notice shall also be sent, by registered mail, return 312 Substitute Bill No. 381 | |
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368 | - | charges. 312 | |
369 | - | Sec. 9. Subsection (m) of section 10-222c of the general statutes is 313 | |
370 | - | repealed and the following is substituted in lieu thereof (Effective July 1, 314 | |
371 | - | 2024): 315 | |
372 | - | (m) No local or regional board of education, council, operator or 316 | |
373 | - | supervisory agent shall offer employment to any applicant who had any 317 | |
374 | - | previous employment contract terminated by a board, council, operator 318 | |
375 | - | or supervisory agent or who resigned from such employment, if such 319 | |
376 | - | person has been convicted of a violation of section [17a-101a] 17a-101o, 320 | |
377 | - | as amended by this act, when an allegation of abuse or neglect or sexual 321 | |
378 | - | assault has been substantiated. 322 | |
379 | - | Sec. 10. Section 10-221s of the general statutes is repealed and the 323 | |
380 | - | following is substituted in lieu thereof (Effective July 1, 2024): 324 | |
381 | - | (a) Each local and regional board of education shall post the 325 | |
382 | - | telephone number for the Careline operated by the Department of 326 | |
383 | - | Children and Families, pursuant to section 17a-103a, and the Internet 327 | |
384 | - | web site address that provides information about the Careline in a 328 | |
385 | - | conspicuous location frequented by students in each school under the 329 | |
386 | - | jurisdiction of the board. Such posting shall be in various languages that 330 | |
387 | - | are the most appropriate for the students enrolled in the school. 331 | |
388 | - | (b) A local or regional board of education shall permit and give 332 | |
389 | - | priority to any investigation conducted by the Commissioner of 333 | |
390 | - | Children and Families or the appropriate local law enforcement agency 334 | |
391 | - | that a child has been abused or neglected pursuant to sections 17a-101a 335 | |
392 | - | to 17a-101d, inclusive, as amended by this act, and section 17a-103. Such 336 | |
393 | - | board of education shall conduct its own investigation and take any 337 | |
394 | - | disciplinary action, in accordance with the provisions of section 17a-338 | |
395 | - | 101i, as amended by this act, upon notice from the commissioner or the 339 | |
396 | - | appropriate local law enforcement agency that such board's 340 | |
397 | - | investigation will not interfere with the investigation of the 341 | |
398 | - | commissioner or such local law enforcement agency. A preliminary 342 | |
399 | - | inquiry described in subsection (b) of section 17a-101a, as amended by 343 Substitute Bill No. 381 | |
391 | + | receipt requested, to the fiscal authority having budgetary responsibility 313 | |
392 | + | or charged with making appropriations for the school district, and a 314 | |
393 | + | representative designated by such body may be heard at the hearing as 315 | |
394 | + | part of the presentation and participation of the board of education. At 316 | |
395 | + | the hearing each party shall have full opportunity to submit all relevant 317 | |
396 | + | evidence, to introduce relevant documents and written material and to 318 | |
397 | + | argue on behalf of its positions. At the hearing a representative of the 319 | |
398 | + | fiscal authority having budgetary responsibility or charged with 320 | |
399 | + | making appropriations for the school district shall be heard regarding 321 | |
400 | + | the financial capability of the school district, unless such opportunity to 322 | |
401 | + | be heard is waived by the fiscal authority. The nonappearance of the 323 | |
402 | + | representative shall constitute a waiver of the opportunity to be heard 324 | |
403 | + | unless there is a showing that proper notice was not given to the fiscal 325 | |
404 | + | authority. The [chairperson of the arbitration panel or the single] 326 | |
405 | + | arbitrator shall preside over such hearing. 327 | |
406 | + | (3) The hearing may, at the discretion of the [arbitration panel or the 328 | |
407 | + | single] arbitrator, be continued but in any event shall be concluded 329 | |
408 | + | within twenty-five days after its commencement. 330 | |
409 | + | (4) After hearing all the issues, the [arbitrators or the single] arbitrator 331 | |
410 | + | shall, within twenty days, render a decision in writing, signed by [a 332 | |
411 | + | majority of the arbitrators or the single] the arbitrator, which states in 333 | |
412 | + | detail the nature of the decision and the disposition of the issues by the 334 | |
413 | + | [arbitrators or the single] arbitrator. The written decision shall include a 335 | |
414 | + | narrative explaining the evaluation by the [arbitrators or the single] 336 | |
415 | + | arbitrator of the evidence presented for each item upon which a decision 337 | |
416 | + | was rendered by the [arbitrators or the single] arbitrator and shall state 338 | |
417 | + | with particularity the basis for the decision as to each disputed issue and 339 | |
418 | + | the manner in which the factors enumerated in this subdivision were 340 | |
419 | + | considered in arriving at such decision, including, where applicable, the 341 | |
420 | + | specific similar groups and conditions of employment presented for 342 | |
421 | + | comparison and accepted by the [arbitrators or the single] arbitrator and 343 | |
422 | + | the reason for such acceptance. The [arbitrators or the single] arbitrator 344 | |
423 | + | shall file one copy of the decision with the commissioner, each town 345 Substitute Bill No. 381 | |
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404 | - | this act, shall not be considered an investigation conducted by a board 344 | |
405 | - | of education under this section. 345 | |
406 | - | Sec. 11. (Effective from passage) Not later than October 1, 2024, the 346 | |
407 | - | Commissioner of Children and Families shall update the educational 347 | |
408 | - | training program and refresher training program for the accurate and 348 | |
409 | - | prompt identification and reporting of child abuse and neglect, 349 | |
410 | - | developed pursuant to subsection (c) of section 17a-101 of the general 350 | |
411 | - | statutes, to include training for school employees, as defined in section 351 | |
412 | - | 53a-65 of the general statutes, on (1) the proper manner in which to 352 | |
413 | - | conduct a preliminary inquiry described in subsection (b) of section 17a-353 | |
414 | - | 101a of the general statutes, as amended by this act, and (2) the 354 | |
415 | - | provisions of section 10-221s of the general statutes, as amended by this 355 | |
416 | - | act. 356 | |
430 | + | clerk in the school district involved, the legislative body or bodies of the 346 | |
431 | + | town or towns for the school district involved, or, in the case of a town 347 | |
432 | + | for which the legislative body of the town is a town meeting or 348 | |
433 | + | representative town meeting, to the board of selectmen, and the board 349 | |
434 | + | of education and organization which are parties to the dispute. The 350 | |
435 | + | decision of the [arbitrators or the single] arbitrator shall be final and 351 | |
436 | + | binding upon the parties to the dispute unless a rejection is filed in 352 | |
437 | + | accordance with subdivision (7) of this subsection. The decision of the 353 | |
438 | + | [arbitrators or the single] arbitrator shall incorporate those items of 354 | |
439 | + | agreement the parties have reached prior to its issuance. At any time 355 | |
440 | + | prior to the issuance of a decision by the [arbitrators or the single] 356 | |
441 | + | arbitrator, the parties may jointly file with the [arbitrators or the single] 357 | |
442 | + | arbitrator, any stipulations setting forth contract provisions which both 358 | |
443 | + | parties agree to accept. In arriving at a decision, the [arbitrators or the 359 | |
444 | + | single] arbitrator shall give priority to the public interest and the 360 | |
445 | + | financial capability of the town or towns in the school district, including 361 | |
446 | + | consideration of other demands on the financial capability of the town 362 | |
447 | + | or towns in the school district. In assessing the public interest, equity 363 | |
448 | + | and stability of compensation models shall be valued and there shall be 364 | |
449 | + | a rebuttable presumption that the board of education shall maintain and 365 | |
450 | + | execute any obligations created by existing salary schedules that 366 | |
451 | + | provide for annual progression of employees' salaries from one step on 367 | |
452 | + | a salary schedule to another and any obligations regarding the 368 | |
453 | + | maintenance of health care benefits. In assessing the financial capability 369 | |
454 | + | of the town or towns, there shall be an irrebuttable presumption that a 370 | |
455 | + | budget reserve of five per cent or less is not available for payment of the 371 | |
456 | + | cost of any item subject to arbitration under this chapter. The [arbitrators 372 | |
457 | + | or the single] arbitrator shall further consider, in light of such financial 373 | |
458 | + | capability, the following factors: (A) The negotiations between the 374 | |
459 | + | parties prior to arbitration, including the offers and the range of 375 | |
460 | + | discussion of the issues; (B) the interests and welfare of the employee 376 | |
461 | + | group, including the maintenance of health care benefits; (C) changes in 377 | |
462 | + | the cost of living averaged over the preceding three years; (D) the 378 | |
463 | + | existing conditions of employment of the employee group and those of 379 | |
464 | + | similar groups; and (E) the salaries, fringe benefits, and other conditions 380 Substitute Bill No. 381 | |
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471 | + | of employment prevailing in the state labor market, including the terms 381 | |
472 | + | of recent contract settlements or awards in collective bargaining for 382 | |
473 | + | other municipal employee organizations and developments in private 383 | |
474 | + | sector wages and benefits. The parties shall submit to the [arbitrators or 384 | |
475 | + | the single] arbitrator their respective positions on each individual issue 385 | |
476 | + | in dispute between them in the form of a last best offer. The [arbitrators 386 | |
477 | + | or the single] arbitrator shall resolve separately each individual 387 | |
478 | + | disputed issue by accepting the last best offer thereon of either of the 388 | |
479 | + | parties, and shall incorporate in a decision each such accepted 389 | |
480 | + | individual last best offer and an explanation of how the total cost of all 390 | |
481 | + | offers accepted was considered. The award of the [arbitrators or the 391 | |
482 | + | single] arbitrator shall not be subject to rejection by referendum. The 392 | |
483 | + | parties shall [each pay the fee of the arbitrator selected by or for them 393 | |
484 | + | and] share equally the fee of the [third arbitrator or the single] arbitrator 394 | |
485 | + | and all other costs incidental to the arbitration. 395 | |
486 | + | (5) The commissioner shall assist the [arbitration panel or the single] 396 | |
487 | + | arbitrator as may be required in the course of arbitration pursuant to 397 | |
488 | + | this section. 398 | |
489 | + | (6) If the day for filing any document required pursuant to this 399 | |
490 | + | section falls on Saturday, Sunday or a holiday, the time for such filing 400 | |
491 | + | shall be extended to the next business day thereafter. 401 | |
492 | + | (7) The award of the [arbitrators or single] arbitrator may be rejected 402 | |
493 | + | by the legislative body of the local school district or, in the case of a 403 | |
494 | + | regional school district, by the legislative bodies of the participating 404 | |
495 | + | towns. Such rejection shall be by a two-thirds majority vote of the 405 | |
496 | + | members of such legislative body or, in the case of a regional school 406 | |
497 | + | district, the legislative body of each participating town, present at a 407 | |
498 | + | regular or special meeting called and convened for such purpose within 408 | |
499 | + | twenty-five days of the receipt of the award. If the legislative body or 409 | |
500 | + | legislative bodies, as appropriate, reject any such award, they shall 410 | |
501 | + | notify, within ten days after the vote to reject, the commissioner and the 411 | |
502 | + | exclusive representative for the teachers' or administrators' unit of such 412 | |
503 | + | vote and submit to them a written explanation of the reasons for the 413 Substitute Bill No. 381 | |
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510 | + | vote. [Within] Not later than ten days after receipt of such notice, the 414 | |
511 | + | exclusive representative of the teachers' or administrators' unit shall 415 | |
512 | + | prepare, and the board of education may prepare, a written response to 416 | |
513 | + | such rejection and shall submit it to such legislative body or legislative 417 | |
514 | + | bodies, as appropriate, and the commissioner. Within ten days after the 418 | |
515 | + | commissioner has been notified of the vote to reject, (A) the 419 | |
516 | + | commissioner shall select a review panel of three arbitrators or, if the 420 | |
517 | + | parties agree, a single arbitrator, who are residents of Connecticut and 421 | |
518 | + | labor relations arbitrators approved by the American Arbitration 422 | |
519 | + | Association and not members of the panel who issued the rejected 423 | |
520 | + | award, and (B) such arbitrators or single arbitrator shall review the 424 | |
521 | + | decision on each rejected issue. The review conducted pursuant to this 425 | |
522 | + | subdivision shall be limited to the record and briefs of the hearing 426 | |
523 | + | pursuant to subdivision (2) of this subsection, the written explanation of 427 | |
524 | + | the reasons for the vote and a written response by either party. In 428 | |
525 | + | conducting such review, the arbitrators or single arbitrator shall be 429 | |
526 | + | limited to consideration of the criteria set forth in subdivision (4) of this 430 | |
527 | + | subsection. Such review shall be completed [within] not later than 431 | |
528 | + | twenty days [of] after the appointment of the arbitrators or single 432 | |
529 | + | arbitrator. The arbitrators or single arbitrator shall accept the last best 433 | |
530 | + | offer of either of the parties. [Within] Not later than five days after the 434 | |
531 | + | completion of such review, the arbitrators or single arbitrator shall 435 | |
532 | + | render a final and binding award with respect to each rejected issue. The 436 | |
533 | + | decision of the arbitrators or single arbitrator shall be in writing and 437 | |
534 | + | shall include the specific reasons and standards used by each arbitrator 438 | |
535 | + | in making his decision on each issue. The decision shall be filed with the 439 | |
536 | + | parties. The reasonable costs of the arbitrators or single arbitrator and 440 | |
537 | + | the cost of the transcript shall be paid by the legislative body or 441 | |
538 | + | legislative bodies, as appropriate. Where the legislative body of the 442 | |
539 | + | school district is the town meeting, the board of selectmen shall have all 443 | |
540 | + | of the authority and responsibilities required of and granted to the 444 | |
541 | + | legislative body under this subdivision. 445 | |
542 | + | (8) The decision of the arbitrators or a single arbitrator shall be subject 446 | |
543 | + | to judicial review upon the filing by a party to the arbitration, within 447 Substitute Bill No. 381 | |
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550 | + | thirty days following receipt of a final decision pursuant to subdivision 448 | |
551 | + | (4) or (7), as appropriate, of a motion to vacate or modify such decision 449 | |
552 | + | in the superior court for the judicial district wherein the school district 450 | |
553 | + | involved is located. The superior court, after hearing, may vacate or 451 | |
554 | + | modify the decision if substantial rights of a party have been prejudiced 452 | |
555 | + | because such decision is: (A) In violation of constitutional or statutory 453 | |
556 | + | provisions; (B) in excess of the statutory authority of the panel; (C) made 454 | |
557 | + | upon unlawful procedure; (D) affected by other error of law; (E) clearly 455 | |
558 | + | erroneous in view of the reliable, probative and substantial evidence on 456 | |
559 | + | the whole record; or (F) arbitrary or capricious or characterized by abuse 457 | |
560 | + | of discretion or clearly unwarranted exercise of discretion. In any action 458 | |
561 | + | brought pursuant to this subdivision to vacate or modify the decision of 459 | |
562 | + | the arbitrators or single arbitrator, reasonable attorney's fees, costs and 460 | |
563 | + | legal interest on salary withheld as the result of an appeal of said 461 | |
564 | + | decision may be awarded in accordance with the following: Where the 462 | |
565 | + | board of education moves to vacate or modify the decision and the 463 | |
566 | + | decision is not vacated or modified, the court may award to the 464 | |
567 | + | organization which is the exclusive representative reasonable attorney's 465 | |
568 | + | fees, costs and legal interest on salary withheld as the result of an appeal; 466 | |
569 | + | or, where the organization which is the exclusive representative moves 467 | |
570 | + | to vacate or modify the decision and the decision is not vacated or 468 | |
571 | + | modified, the court may award to the board of education reasonable 469 | |
572 | + | attorney's fees, costs and legal interest on salary withheld as the result 470 | |
573 | + | of an appeal. 471 | |
574 | + | (d) The commissioner and the arbitrators or single arbitrator shall 472 | |
575 | + | have the same powers and duties as the board under section 31-108 for 473 | |
576 | + | the purposes of mediation or arbitration pursuant to this section, and 474 | |
577 | + | subsection (c) of section 10-153d, and all provisions in section 31-108 475 | |
578 | + | with respect to procedure, jurisdiction of the Superior Court, witnesses 476 | |
579 | + | and penalties shall apply. 477 | |
580 | + | (e) The local or regional board of education and the organization 478 | |
581 | + | designated or elected as the exclusive representative for the appropriate 479 | |
582 | + | unit, through designated officials or their representatives, which are 480 Substitute Bill No. 381 | |
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589 | + | parties to a collective bargaining agreement, and which, for the purpose 481 | |
590 | + | of negotiating with respect to salaries, hours and other conditions of 482 | |
591 | + | employment, mutually agree to negotiate during the term of the 483 | |
592 | + | agreement or are ordered to negotiate said agreement by a body of 484 | |
593 | + | competent jurisdiction, shall notify the commissioner of the date upon 485 | |
594 | + | which negotiations commenced [within] not later than five days after 486 | |
595 | + | said commencement. If the parties are unable to reach settlement not 487 | |
596 | + | later than twenty-five days after the date of the commencement of 488 | |
597 | + | negotiations, the parties shall notify the commissioner of the name of a 489 | |
598 | + | mutually selected mediator and shall conduct mediation pursuant to the 490 | |
599 | + | provisions of subsection (b) of this section, notwithstanding the 491 | |
600 | + | mediation time schedule of subsection (b) of this section. On the fourth 492 | |
601 | + | day next following the end of the mediation session or on the fiftieth 493 | |
602 | + | day following the date of the commencement of negotiations, whichever 494 | |
603 | + | is sooner, if no settlement is reached the parties shall commence 495 | |
604 | + | arbitration pursuant to the provisions of subsections (a), (c) and (d) of 496 | |
605 | + | this section, notwithstanding the reference to the budget submission 497 | |
606 | + | date. 498 | |
607 | + | (f) The State Board of Education shall adopt regulations pursuant to 499 | |
608 | + | chapter 54 concerning the method by which names of persons who are 500 | |
609 | + | impartial representatives of the interests of the public in general are 501 | |
610 | + | placed on lists submitted by the State Board of Education to the 502 | |
611 | + | Governor for appointment to the arbitration panel established pursuant 503 | |
612 | + | to subsection (a) of this section. Such regulations shall include, but not 504 | |
613 | + | be limited to (1) a description of the composition of the group which 505 | |
614 | + | screens persons applying to be such impartial representatives, which 506 | |
615 | + | group shall include representatives of local legislative and fiscal 507 | |
616 | + | authorities and local and regional boards of education and exclusive 508 | |
617 | + | bargaining representatives of certified employees, (2) application 509 | |
618 | + | requirements and procedures and (3) the selection criteria and process, 510 | |
619 | + | including an evaluation of an applicant's experience in arbitration. Such 511 | |
620 | + | regulations shall provide for a training program for applicants who lack 512 | |
621 | + | experience in arbitration but who are otherwise qualified and shall 513 | |
622 | + | describe the criteria for participation in the training program. 514 Substitute Bill No. 381 | |
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629 | + | Sec. 8. Section 17a-101a of the general statutes is repealed and the 515 | |
630 | + | following is substituted in lieu thereof (Effective July 1, 2024): 516 | |
631 | + | (a) (1) Any mandated reporter, as described in section 17a-101, who 517 | |
632 | + | in the ordinary course of such person's employment or profession has 518 | |
633 | + | reasonable cause to suspect or believe that any child under the age of 519 | |
634 | + | eighteen years (A) has been abused or neglected, as described in section 520 | |
635 | + | 46b-120, (B) has had nonaccidental physical injury, or injury which is at 521 | |
636 | + | variance with the history given of such injury, inflicted upon such child, 522 | |
637 | + | or (C) is placed at imminent risk of serious harm, or (2) any school 523 | |
638 | + | employee, as defined in section 53a-65, who in the ordinary course of 524 | |
639 | + | such person's employment or profession has reasonable cause to suspect 525 | |
640 | + | or believe that any person who is being educated by the Technical 526 | |
641 | + | Education and Career System, [or] a local or regional board of 527 | |
642 | + | education, other than as part of an adult education program, or a 528 | |
643 | + | nonpublic school, is a victim under the provisions of section 53a-70, 53a-529 | |
644 | + | 70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school 530 | |
645 | + | employee shall report or cause a report to be made in accordance with 531 | |
646 | + | the provisions of sections 17a-101b to 17a-101d, inclusive. 532 | |
647 | + | [(b) (1) Any person required to report under the provisions of this 533 | |
648 | + | section who fails to make such report or fails to make such report within 534 | |
649 | + | the time period prescribed in sections 17a-101b to 17a-101d, inclusive, 535 | |
650 | + | and section 17a-103 shall be guilty of a class A misdemeanor, except that 536 | |
651 | + | such person shall be guilty of a class E felony if (A) such violation is a 537 | |
652 | + | subsequent violation, (B) such violation was wilful or intentional or due 538 | |
653 | + | to gross negligence, or (C) such person had actual knowledge that (i) a 539 | |
654 | + | child was abused or neglected, as described in section 46b-120, or (ii) a 540 | |
655 | + | person was a victim described in subdivision (2) of subsection (a) of this 541 | |
656 | + | section. 542 | |
657 | + | (2) Any person who intentionally and unreasonably interferes with 543 | |
658 | + | or prevents the making of a report pursuant to this section, or attempts 544 | |
659 | + | or conspires to do so, shall be guilty of a class D felony. The provisions 545 | |
660 | + | of this subdivision shall not apply to any child under the age of eighteen 546 | |
661 | + | years or any person who is being educated by the Technical Education 547 Substitute Bill No. 381 | |
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667 | + | ||
668 | + | and Career System or a local or regional board of education, other than 548 | |
669 | + | as part of an adult education program. 549 | |
670 | + | (3) Any person found guilty under the provisions of this subsection 550 | |
671 | + | shall be required to participate in an educational and training program. 551 | |
672 | + | The program may be provided by one or more private organizations 552 | |
673 | + | approved by the commissioner, provided the entire cost of the program 553 | |
674 | + | shall be paid from fees charged to the participants, the amount of which 554 | |
675 | + | shall be subject to the approval of the commissioner. 555 | |
676 | + | (c) The Commissioner of Children and Families, or the 556 | |
677 | + | commissioner's designee, shall promptly notify the Chief State's 557 | |
678 | + | Attorney when there is reason to believe that any such person has failed 558 | |
679 | + | to make a report in accordance with this section.] 559 | |
680 | + | [(d)] (b) For purposes of this section and section 17a-101b, a 560 | |
681 | + | mandated reporter's suspicion or belief may be based on factors 561 | |
682 | + | including, but not limited to, observations, allegations, facts or 562 | |
683 | + | statements by a child, victim, as described in subdivision (2) of 563 | |
684 | + | subsection (a) of this section, or third party. Such suspicion or belief does 564 | |
685 | + | not require certainty or probable cause. Nothing in this section shall 565 | |
686 | + | preclude a mandated reporter from conducting a preliminary inquiry to 566 | |
687 | + | determine if reasonable cause exists for such mandated reporter to make 567 | |
688 | + | a report pursuant to subsection (a) of this section. 568 | |
689 | + | Sec. 9. Section 17a-101e of the general statutes is repealed and the 569 | |
690 | + | following is substituted in lieu thereof (Effective July 1, 2024): 570 | |
691 | + | (a) No employer shall (1) discharge, or in any manner discriminate or 571 | |
692 | + | retaliate against, any employee who in good faith makes a report 572 | |
693 | + | pursuant to sections 17a-101a to 17a-101d, inclusive, as amended by this 573 | |
694 | + | act, and 17a-103, testifies or is about to testify in any proceeding 574 | |
695 | + | involving child abuse or neglect, or (2) hinder or prevent, or attempt to 575 | |
696 | + | hinder or prevent, any employee from making a report pursuant to 576 | |
697 | + | sections 17a-101a to 17a-101d, inclusive, as amended by this act, and 577 | |
698 | + | 17a-103, or testifying in any proceeding involving child abuse or neglect. 578 Substitute Bill No. 381 | |
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705 | + | The Attorney General may bring an action in Superior Court against an 579 | |
706 | + | employer who violates this subsection. The court may assess a civil 580 | |
707 | + | penalty of not more than two thousand five hundred dollars and may 581 | |
708 | + | order such other equitable relief as the court deems appropriate. 582 | |
709 | + | (b) Any person, institution or agency [which, in good faith,] that (1) 583 | |
710 | + | makes or does not make, in good faith, a report pursuant to sections 17a-584 | |
711 | + | 101a to 17a-101d, inclusive, as amended by this act, and 17a-103, or (2) 585 | |
712 | + | provides, in good faith, professional medical intervention or assistance 586 | |
713 | + | in any proceeding involving child abuse and neglect, including, but not 587 | |
714 | + | limited to, (A) causing a photograph, x-ray or a physical custody 588 | |
715 | + | examination to be made, (B) causing a child to be taken into emergency 589 | |
716 | + | protective custody, (C) disclosing a medical record or other information 590 | |
717 | + | pertinent to the proceeding, or (D) performing a medically relevant test, 591 | |
718 | + | shall be immune from any liability, civil or criminal, which might 592 | |
719 | + | otherwise arise from or be related to the actions taken pursuant to this 593 | |
720 | + | subsection and shall have the same immunity with respect to any 594 | |
721 | + | judicial proceeding which results from such report or actions, provided 595 | |
722 | + | such person did not perpetrate or cause such abuse or neglect. The 596 | |
723 | + | immunity from civil or criminal liability extends only to actions done 597 | |
724 | + | pursuant to this subsection and does not extend to the malpractice of a 598 | |
725 | + | medical professional that results in personal injury or death. 599 | |
726 | + | (c) Any person who is alleged to have knowingly made a false report 600 | |
727 | + | of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, 601 | |
728 | + | inclusive, as amended by this act, and 17a-103 shall be referred to the 602 | |
729 | + | office of the Chief State's Attorney for purposes of a criminal 603 | |
730 | + | investigation. 604 | |
731 | + | (d) Any person who knowingly makes a false report of child abuse or 605 | |
732 | + | neglect pursuant to sections 17a-101a to 17a-101d, inclusive, as amended 606 | |
733 | + | by this act, and 17a-103 shall be fined not more than two thousand 607 | |
734 | + | dollars or imprisoned not more than one year or both. 608 | |
735 | + | Sec. 10. Subsection (d) of section 17a-101i of the general statutes is 609 | |
736 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 610 Substitute Bill No. 381 | |
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743 | + | 2024): 611 | |
744 | + | (d) If a school employee, as defined in section 53a-65, or any person 612 | |
745 | + | holding a certificate, permit or authorization issued by the State Board 613 | |
746 | + | of Education under the provisions of sections 10-144o to 10-149, 614 | |
747 | + | inclusive, is convicted of a crime involving an act of child abuse or 615 | |
748 | + | neglect as described in section 46b-120 or a violation of subdivision (2) 616 | |
749 | + | of subsection [(b) of section 17a-101a] (d) of section 17a-101o, as 617 | |
750 | + | amended by this act, or section 53-21, 53a-71 or 53a-73a against any 618 | |
751 | + | person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b 619 | |
752 | + | against a victim, as described in subdivision (2) of subsection (a) of 620 | |
753 | + | section 17a-101a, as amended by this act, the state's attorney for the 621 | |
754 | + | judicial district in which the conviction occurred shall in writing notify 622 | |
755 | + | the superintendent of the school district or the supervisory agent of the 623 | |
756 | + | nonpublic school in which the person is employed and the 624 | |
757 | + | Commissioner of Education of such conviction. 625 | |
758 | + | Sec. 11. Section 17a-101o of the general statutes is repealed and the 626 | |
759 | + | following is substituted in lieu thereof (Effective July 1, 2024): 627 | |
760 | + | (a) If the Commissioner of Children and Families suspects or knows 628 | |
761 | + | that a mandated reporter, as defined in section 17a-101, [employed by a 629 | |
762 | + | local or regional board of education,] has failed to make a report that a 630 | |
763 | + | child has been abused or neglected or placed in immediate risk of 631 | |
764 | + | serious harm within the time period prescribed in sections 17a-101a to 632 | |
765 | + | [17a-101d] 17a-101c, inclusive, as amended by this act, [and section 17a-633 | |
766 | + | 103,] the commissioner shall make a record of such [delay] failure to 634 | |
767 | + | report and develop and maintain a database of such records. The 635 | |
768 | + | commissioner shall [investigate such delayed reporting. Such 636 | |
769 | + | investigation] conduct an assessment with respect to such failure to 637 | |
770 | + | report. Such assessment shall be conducted in accordance with the 638 | |
771 | + | policy developed in subsection (b) of this section, and include the 639 | |
772 | + | actions taken by the employing local or regional board of education or 640 | |
773 | + | superintendent of schools for the district in response to such employee's 641 | |
774 | + | failure to report. 642 Substitute Bill No. 381 | |
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781 | + | (b) The Department of Children and Families shall develop a policy 643 | |
782 | + | for the [investigation of delayed reports by mandated reporters] 644 | |
783 | + | assessment of the failure of mandated reporters to make reports within 645 | |
784 | + | the time period prescribed in sections 17a-101a to 17a-101c, inclusive, as 646 | |
785 | + | amended by this act. Such policy shall include, but not be limited to, 647 | |
786 | + | when referrals to the appropriate law enforcement agency for [delayed 648 | |
787 | + | reporting] the failure to report are required and when the department 649 | |
788 | + | shall require mandated reporters who have been found to have [delayed 650 | |
789 | + | making a report] failed to make reports to participate in the educational 651 | |
790 | + | and training program pursuant to subsection [(b) of section 17a-101a] 652 | |
791 | + | (d) of this section. 653 | |
792 | + | (c) The Commissioner of Children and Families, or the 654 | |
793 | + | commissioner's designee, shall promptly notify the Chief State's 655 | |
794 | + | Attorney when there is reason to believe that a mandated reporter has 656 | |
795 | + | failed to make a report in accordance with sections 17a-101a to 17a-101c, 657 | |
796 | + | inclusive, as amended by this act. 658 | |
797 | + | (d) (1) Any person required to report under the provisions of section 659 | |
798 | + | 17a-101a, as amended by this act, who fails to make such report or fails 660 | |
799 | + | to make such report within the time period prescribed in sections 17a-661 | |
800 | + | 101a to 17a-101c, inclusive, as amended by this act, shall be guilty of a 662 | |
801 | + | class A misdemeanor, except that such person shall be guilty of a class 663 | |
802 | + | E felony if (A) such violation is a subsequent violation, (B) such violation 664 | |
803 | + | was wilful or intentional or due to gross negligence, or (C) such person 665 | |
804 | + | had actual knowledge that (i) a child was abused or neglected, as 666 | |
805 | + | described in section 46b-120, or (ii) a person was a victim described in 667 | |
806 | + | subdivision (2) of subsection (a) of section 17a-101a, as amended by this 668 | |
807 | + | act. 669 | |
808 | + | (2) Any person who intentionally and unreasonably interferes with 670 | |
809 | + | or prevents the making of a report pursuant to section 17a-101a, as 671 | |
810 | + | amended by this act, or attempts or conspires to do so, shall be guilty of 672 | |
811 | + | a class D felony. The provisions of this subdivision shall not apply to 673 | |
812 | + | any child under the age of eighteen years or any person who is being 674 | |
813 | + | educated by the Technical Education and Career System, a local or 675 Substitute Bill No. 381 | |
814 | + | ||
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820 | + | regional board of education, other than as part of an adult education 676 | |
821 | + | program, or a nonpublic school. 677 | |
822 | + | (3) Any person found guilty under the provisions of this subsection 678 | |
823 | + | shall be required to participate in an educational and training program. 679 | |
824 | + | The program may be provided by one or more private organizations 680 | |
825 | + | approved by the commissioner and the entire cost of the program shall 681 | |
826 | + | be paid from fees charged to the participants, the amount of which shall 682 | |
827 | + | be subject to the approval of the commissioner. 683 | |
828 | + | [(c)] (e) For purposes of this section, "child" includes any victim 684 | |
829 | + | described in subdivision (2) of subsection (a) of section 17a-101a, as 685 | |
830 | + | amended by this act. 686 | |
831 | + | Sec. 12. Subdivision (3) of subsection (i) of section 10-145b of the 687 | |
832 | + | general statutes is repealed and the following is substituted in lieu 688 | |
833 | + | thereof (Effective July 1, 2024): 689 | |
834 | + | (3) When the Commissioner of Education is notified, pursuant to 690 | |
835 | + | section 10-149a, as amended by this act, or 17a-101i, as amended by this 691 | |
836 | + | act, that a person holding a certificate, permit or authorization issued by 692 | |
837 | + | the State Board of Education under the provisions of sections 10-144o to 693 | |
838 | + | 10-149, inclusive, has been convicted of (A) a capital felony, under the 694 | |
839 | + | provisions of section 53a-54b in effect prior to April 25, 2012, (B) arson 695 | |
840 | + | murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B 696 | |
841 | + | felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a 697 | |
842 | + | crime involving an act of child abuse or neglect as described in section 698 | |
843 | + | 46b-120, or (F) a violation of section [17a-101a] 17a-101o, as amended by 699 | |
844 | + | this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-700 | |
845 | + | 73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-701 | |
846 | + | 196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, 702 | |
847 | + | any certificate, permit or authorization issued by the State Board of 703 | |
848 | + | Education and held by such person shall be deemed revoked and the 704 | |
849 | + | commissioner shall notify such person of such revocation, provided 705 | |
850 | + | such person may request reconsideration pursuant to regulations 706 | |
851 | + | adopted by the State Board of Education, in accordance with the 707 Substitute Bill No. 381 | |
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858 | + | provisions of chapter 54. As part of such reconsideration process, the 708 | |
859 | + | board shall make the initial determination as to whether to uphold or 709 | |
860 | + | overturn the revocation. The commissioner shall make the final 710 | |
861 | + | determination as to whether to uphold or overturn the revocation. 711 | |
862 | + | Sec. 13. Section 10-145i of the general statutes is repealed and the 712 | |
863 | + | following is substituted in lieu thereof (Effective July 1, 2024): 713 | |
864 | + | Notwithstanding the provisions of sections 10-144o to 10-146b, 714 | |
865 | + | inclusive, and 10-149, the State Board of Education shall not issue or 715 | |
866 | + | reissue any certificate, authorization or permit pursuant to said sections 716 | |
867 | + | if (1) the applicant for such certificate, authorization or permit has been 717 | |
868 | + | convicted of any of the following: (A) A capital felony, as defined under 718 | |
869 | + | the provisions of section 53a-54b in effect prior to April 25, 2012; (B) 719 | |
870 | + | arson murder, as defined in section 53a-54d; (C) any class A felony; (D) 720 | |
871 | + | any class B felony except a violation of section 53a-122, 53a-252 or 53a-721 | |
872 | + | 291; (E) a crime involving an act of child abuse or neglect as described 722 | |
873 | + | in section 46b-120; or (F) a violation of section [17a-101a] 17a-101o, as 723 | |
874 | + | amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 724 | |
875 | + | 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 725 | |
876 | + | 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of 726 | |
877 | + | subsection (a) of section 21a-277, and (2) the applicant completed 727 | |
878 | + | serving the sentence for such conviction within the five years 728 | |
879 | + | immediately preceding the date of the application. 729 | |
880 | + | Sec. 14. Section 10-149a of the general statutes is repealed and the 730 | |
881 | + | following is substituted in lieu thereof (Effective July 1, 2024): 731 | |
882 | + | If a person holding a certificate, authorization or permit issued by the 732 | |
883 | + | State Board of Education under the provisions of sections 10-144o to 10-733 | |
884 | + | 149, inclusive, is convicted of a felony or fined pursuant to section [17a-734 | |
885 | + | 101a] 17a-101o, as amended by this act, the state's attorney or assistant 735 | |
886 | + | state's attorney for the judicial district in which the conviction or fine 736 | |
887 | + | occurred shall notify, in writing, the Commissioner of Education of such 737 | |
888 | + | conviction or fine. 738 Substitute Bill No. 381 | |
889 | + | ||
890 | + | ||
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893 | + | 24 of 28 | |
894 | + | ||
895 | + | Sec. 15. Subsection (a) of section 10-222c of the general statutes is 739 | |
896 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 740 | |
897 | + | 2024): 741 | |
898 | + | (a) No local or regional board of education, governing council of a 742 | |
899 | + | state or local charter school, interdistrict magnet school operator or 743 | |
900 | + | supervisory agent of a nonpublic school shall offer employment to an 744 | |
901 | + | applicant for a position, including any position which is contracted for, 745 | |
902 | + | if such applicant would have direct student contact, prior to such board, 746 | |
903 | + | council, operator or supervisory agent: 747 | |
904 | + | (1) Requiring of such applicant: 748 | |
905 | + | (A) To list the name, address and telephone number of each current 749 | |
906 | + | or former employer of the applicant, if such current or former employer 750 | |
907 | + | was a local or regional board of education, council, operator or 751 | |
908 | + | supervisory agent or if such employment otherwise caused the 752 | |
909 | + | applicant to have contact with children; 753 | |
910 | + | (B) A written authorization that (i) consents to and authorizes 754 | |
911 | + | disclosure by the employers listed under subparagraph (A) of this 755 | |
912 | + | subdivision of the information requested under subdivision (2) of this 756 | |
913 | + | subsection and the release of related records by such employers, (ii) 757 | |
914 | + | consents to and authorizes disclosure by the Department of Education 758 | |
915 | + | of the information requested under subdivision (3) of this subsection 759 | |
916 | + | and the release of related records by the department, and (iii) releases 760 | |
917 | + | those employers and the department from liability that may arise from 761 | |
918 | + | such disclosure or release of records pursuant to subdivision (2) or (3) 762 | |
919 | + | of this subsection; and 763 | |
920 | + | (C) A written statement of whether the applicant (i) has been the 764 | |
921 | + | subject of an abuse or neglect or sexual misconduct investigation by any 765 | |
922 | + | employer, state agency or municipal police department, unless the 766 | |
923 | + | investigation resulted in a finding that all allegations were 767 | |
924 | + | unsubstantiated, (ii) has ever been disciplined or asked to resign from 768 | |
925 | + | employment or resigned from or otherwise separated from any 769 Substitute Bill No. 381 | |
926 | + | ||
927 | + | ||
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931 | + | ||
932 | + | employment while an allegation of abuse or neglect was pending or 770 | |
933 | + | under investigation by the Department of Children and Families, or an 771 | |
934 | + | allegation of sexual misconduct was pending or under investigation or 772 | |
935 | + | due to an allegation substantiated pursuant to section 17a-101g of abuse 773 | |
936 | + | or neglect, or of sexual misconduct or a conviction for abuse or neglect 774 | |
937 | + | or sexual misconduct, or (iii) has ever had a professional or occupational 775 | |
938 | + | license or certificate suspended or revoked or has ever surrendered such 776 | |
939 | + | a license or certificate while an allegation of abuse or neglect was 777 | |
940 | + | pending or under investigation by the department or an investigation 778 | |
941 | + | of sexual misconduct was pending or under investigation, or due to an 779 | |
942 | + | allegation substantiated by the department of abuse or neglect or of 780 | |
943 | + | sexual misconduct or a conviction for abuse or neglect or sexual 781 | |
944 | + | misconduct; 782 | |
945 | + | (2) Conducting a review of the employment history of the applicant 783 | |
946 | + | by contacting those employers listed by the applicant under subdivision 784 | |
947 | + | (1) of this subsection. Such review shall be conducted using a form 785 | |
948 | + | developed by the Department of Education in accordance with section 786 | |
949 | + | 3 of public act 16-67 that shall request (A) the dates of employment of 787 | |
950 | + | the applicant, and (B) a statement as to whether the employer has 788 | |
951 | + | knowledge that the applicant (i) was the subject of an allegation of abuse 789 | |
952 | + | or neglect or sexual misconduct for which there is an investigation 790 | |
953 | + | pending with any employer, state agency or municipal police 791 | |
954 | + | department or which has been substantiated, unless such substantiation 792 | |
955 | + | has been reversed as a result of an appeal conducted pursuant to section 793 | |
956 | + | 17a-101k; (ii) was disciplined or asked to resign from employment or 794 | |
957 | + | resigned from or otherwise separated from any employment while an 795 | |
958 | + | allegation of abuse or neglect or sexual misconduct was pending or 796 | |
959 | + | under investigation, or due to a substantiation of abuse or neglect or 797 | |
960 | + | sexual misconduct, unless such substantiation has been reversed as a 798 | |
961 | + | result of an appeal conducted pursuant to section 17a-101k; or (iii) has 799 | |
962 | + | ever had a professional or occupational license, certificate, authorization 800 | |
963 | + | or permit suspended or revoked or has ever surrendered such a license, 801 | |
964 | + | certificate, authorization or permit while an allegation of abuse or 802 | |
965 | + | neglect or sexual misconduct was pending or under investigation, or 803 Substitute Bill No. 381 | |
966 | + | ||
967 | + | ||
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971 | + | ||
972 | + | due to a substantiation of abuse or neglect or sexual misconduct, unless 804 | |
973 | + | such substantiation has been reversed as a result of an appeal conducted 805 | |
974 | + | pursuant to section 17a-101k. Such review may be conducted 806 | |
975 | + | telephonically or through written communication. Notwithstanding the 807 | |
976 | + | provisions of subsection (g) of section 31-51i, not later than five business 808 | |
977 | + | days after any such current or former employer of the applicant receives 809 | |
978 | + | a request for such information, such employer shall respond with such 810 | |
979 | + | information. A local or regional board of education, council, operator or 811 | |
980 | + | supervisory agent may request more information concerning any 812 | |
981 | + | response made by a current or former employer, and, notwithstanding 813 | |
982 | + | the provisions of said subsection (g), such employer shall respond not 814 | |
983 | + | later than five business days after receiving such request; and 815 | |
984 | + | (3) Requesting information from the Department of Education 816 | |
985 | + | concerning (A) the eligibility status for employment of any applicant for 817 | |
986 | + | a position requiring a certificate, authorization or permit issued 818 | |
987 | + | pursuant to chapter 166, (B) whether the department has knowledge 819 | |
988 | + | that a finding has been substantiated by the Department of Children and 820 | |
989 | + | Families pursuant to section 17a-101g of abuse or neglect or of sexual 821 | |
990 | + | misconduct against the applicant and any information concerning such 822 | |
991 | + | a finding, and (C) whether the department has received notification that 823 | |
992 | + | the applicant has been convicted of a crime or of criminal charges 824 | |
993 | + | pending against the applicant and any information concerning such 825 | |
994 | + | charges. 826 | |
995 | + | Sec. 16. Subsection (m) of section 10-222c of the general statutes is 827 | |
996 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 828 | |
997 | + | 2024): 829 | |
998 | + | (m) No local or regional board of education, council, operator or 830 | |
999 | + | supervisory agent shall offer employment to any applicant who had any 831 | |
1000 | + | previous employment contract terminated by a board, council, operator 832 | |
1001 | + | or supervisory agent or who resigned from such employment, if such 833 | |
1002 | + | person has been convicted of a violation of section [17a-101a] 17a-101o, 834 | |
1003 | + | as amended by this act, when an allegation of abuse or neglect or sexual 835 | |
1004 | + | assault has been substantiated. 836 Substitute Bill No. 381 | |
1005 | + | ||
1006 | + | ||
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1010 | + | ||
1011 | + | Sec. 17. Section 10-221s of the general statutes is repealed and the 837 | |
1012 | + | following is substituted in lieu thereof (Effective July 1, 2024): 838 | |
1013 | + | (a) Each local and regional board of education shall post the 839 | |
1014 | + | telephone number for the Careline operated by the Department of 840 | |
1015 | + | Children and Families, pursuant to section 17a-103a, and the Internet 841 | |
1016 | + | web site address that provides information about the Careline in a 842 | |
1017 | + | conspicuous location frequented by students in each school under the 843 | |
1018 | + | jurisdiction of the board. Such posting shall be in various languages that 844 | |
1019 | + | are the most appropriate for the students enrolled in the school. 845 | |
1020 | + | (b) A local or regional board of education shall permit and give 846 | |
1021 | + | priority to any investigation conducted by the Commissioner of 847 | |
1022 | + | Children and Families or the appropriate local law enforcement agency 848 | |
1023 | + | that a child has been abused or neglected pursuant to sections 17a-101a 849 | |
1024 | + | to 17a-101d, inclusive, as amended by this act, and section 17a-103. Such 850 | |
1025 | + | board of education shall conduct its own investigation and take any 851 | |
1026 | + | disciplinary action, in accordance with the provisions of section 17a-852 | |
1027 | + | 101i, as amended by this act, upon notice from the commissioner or the 853 | |
1028 | + | appropriate local law enforcement agency that such board's 854 | |
1029 | + | investigation will not interfere with the investigation of the 855 | |
1030 | + | commissioner or such local law enforcement agency. A preliminary 856 | |
1031 | + | inquiry described in subsection (b) of section 17a-101a, as amended by 857 | |
1032 | + | this act, shall not be considered an investigation conducted by a board 858 | |
1033 | + | of education under this section. 859 | |
1034 | + | Sec. 18. (Effective from passage) Not later than October 1, 2024, the 860 | |
1035 | + | Commissioner of Children and Families shall update the educational 861 | |
1036 | + | training program and refresher training program for the accurate and 862 | |
1037 | + | prompt identification and reporting of child abuse and neglect, 863 | |
1038 | + | developed pursuant to subsection (c) of section 17a-101 of the general 864 | |
1039 | + | statutes, to include training for school employees, as defined in section 865 | |
1040 | + | 53a-65 of the general statutes, on (1) the proper manner in which to 866 | |
1041 | + | conduct a preliminary inquiry described in subsection (b) of section 17a-867 | |
1042 | + | 101a of the general statutes, as amended by this act, and (2) the 868 | |
1043 | + | provisions of section 10-221s of the general statutes, as amended by this 869 Substitute Bill No. 381 | |
1044 | + | ||
1045 | + | ||
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1049 | + | ||
1050 | + | act. 870 | |
417 | 1051 | This act shall take effect as follows and shall amend the following | |
418 | 1052 | sections: | |
419 | 1053 | ||
420 | - | Section 1 July 1, 2024 17a-101a | |
421 | - | Sec. 2 July 1, 2024 17a-101e | |
422 | - | Sec. 3 July 1, 2024 17a-101i(d) | |
423 | - | Sec. 4 July 1, 2024 17a-101o | |
424 | - | Sec. 5 July 1, 2024 10-145b(i)(3) | |
425 | - | Sec. 6 July 1, 2024 10-145i | |
426 | - | Sec. 7 July 1, 2024 10-149a | |
427 | - | Sec. 8 July 1, 2024 10-222c(a) | |
428 | - | Sec. 9 July 1, 2024 10-222c(m) | |
429 | - | Sec. 10 July 1, 2024 10-221s | |
430 | - | Sec. 11 from passage New section | |
1054 | + | Section 1 July 1, 2024 New section | |
1055 | + | Sec. 2 July 1, 2024 New section | |
1056 | + | Sec. 3 from passage New section | |
1057 | + | Sec. 4 July 1, 2024 31-3i(a) | |
1058 | + | Sec. 5 July 1, 2024 10-144d(e) | |
1059 | + | Sec. 6 July 1, 2024 10-151(d) | |
1060 | + | Sec. 7 July 1, 2024 10-153f | |
1061 | + | Sec. 8 July 1, 2024 17a-101a | |
1062 | + | Sec. 9 July 1, 2024 17a-101e | |
1063 | + | Sec. 10 July 1, 2024 17a-101i(d) | |
1064 | + | Sec. 11 July 1, 2024 17a-101o | |
1065 | + | Sec. 12 July 1, 2024 10-145b(i)(3) | |
1066 | + | Sec. 13 July 1, 2024 10-145i | |
1067 | + | Sec. 14 July 1, 2024 10-149a | |
1068 | + | Sec. 15 July 1, 2024 10-222c(a) | |
1069 | + | Sec. 16 July 1, 2024 10-222c(m) | |
1070 | + | Sec. 17 July 1, 2024 10-221s | |
1071 | + | Sec. 18 from passage New section | |
431 | 1072 | ||
432 | 1073 | ED Joint Favorable Subst. C/R APP | |
433 | - | APP Joint Favorable Subst. | |
434 | 1074 |