(a) Upon approval of the turnaround plan, developed pursuant to subsection (d) of section 10-223h, by the State Board of Education or, if the Commissioner of Education develops a turnaround plan for a school because the turnaround committee (1) is unable to reach consensus on a turnaround plan, (2) does not develop a turnaround plan, or (3) develops a turnaround plan that the commissioner determines is deficient, the local or regional board of education for a school participating in the commissioner's network of schools, pursuant to section 10-223h, shall negotiate with the representatives of the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, in accordance with the provisions of this section.
(b) (1) If the turnaround committee, as described in section 10-223h, is able to reach consensus on the turnaround plan, developed pursuant to subsection (c) of section 10-223h, and such turnaround plan is approved by the State Board of Education, the local or regional board of education for a school in which such turnaround plan is to be implemented and the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, shall negotiate with respect to salaries, hours and other conditions of employment of such turnaround plan. Such negotiations shall be completed not later than thirty days from the date when consensus is reached by the turnaround committee.
(2) Any agreement reached by the parties following negotiations, conducted pursuant to subdivision (1) of this subsection, shall be submitted for approval by the members of the exclusive bargaining representative employed by such board of education at such school. Such agreement shall be ratified upon a majority vote of such members. Upon such ratification, such turnaround plan shall be implemented at such school.
(3) If (A) the parties reach an impasse on one or more issues following negotiations conducted pursuant to subdivision (1) of this subsection, or (B) the members of the exclusive bargaining representative employed by the local or regional board of education for a school in which such turnaround plan is to be implemented fail to ratify the agreement reached by the parties following such negotiations, the parties shall proceed to the expedited arbitration process described in subsection (d) of this section. The decision resulting from such expedited arbitration shall be final and binding and included in the turnaround plan. Such turnaround plan shall then be implemented at such school.
(c) (1) If the turnaround committee (A) is unable to reach consensus on a turnaround plan, (B) does not develop a turnaround plan, or (C) develops a turnaround plan that the Commissioner of Education determines is deficient, the commissioner, in consultation with teachers employed at the school in which a turnaround plan is to be implemented and parents or guardians of students enrolled in such school, may develop a turnaround plan for such school.
(2) (A) If the local or regional board of education for a school in which such turnaround plan is to be implemented and the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, agree on (i) all components of such turnaround plan, or (ii) certain components of such turnaround plan, such board of education and such exclusive bargaining unit shall negotiate only the financial impact of such agreed upon components of such turnaround plan. Such negotiations shall be completed not later than thirty days from the date when such turnaround plan is presented to such board of education and such exclusive bargaining unit.
(B) Any agreement reached by the parties following negotiations, conducted pursuant to subparagraph (A) of subdivision (2) of this subsection, shall be submitted for approval by the members of the exclusive bargaining representative employed by such board of education at such school. Such agreement shall be ratified upon a majority vote of such members. Upon such ratification, such agreed upon components of such turnaround plan shall be implemented at such school.
(C) If (i) the parties reach an impasse on one or more issues following negotiations, conducted pursuant to subparagraph (A) of subdivision (2) of this subsection, or (ii) the members of the exclusive bargaining representative employed by the local or regional board of education for a school in which such turnaround plan is to be implemented fail to ratify the agreement reached by the parties following such negotiations, pursuant to subparagraph (B) of this subdivision, the parties shall proceed to the expedited arbitration process described in subsection (d) of this section. The decision resulting from such expedited arbitration shall be final and binding and included in the turnaround plan. Such components of such turnaround plan shall then be implemented at such school.
(3) (A) If the local or regional board of education for a school in which such turnaround plan is to be implemented and the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, do not agree (i) on all components of the turnaround plan developed by the commissioner, or (ii) on certain components of such turnaround plan, the parties shall jointly select a turnaround plan referee from the list created pursuant to section 10-153t. Such turnaround plan referee shall review the components of such turnaround plan that the parties do not agree on to determine whether the parties shall negotiate on such components, pursuant to subparagraph (B) or (C) of this subdivision. Such turnaround plan referee shall examine each such component and determine whether such component is comparable to a public school with a record of academic success. If such turnaround plan referee determines that such component is comparable to a public school with a record of academic success, the parties shall negotiate such component pursuant to subparagraph (B) of this subdivision. If such turnaround plan referee determines that such component is significantly different from what is comparable to a public school with a record of academic success, the parties shall negotiate such component pursuant to subparagraph (C) of this subdivision. Each party shall share equally the cost of the reasonable expenses for such turnaround plan referee in implementing the provisions of this subdivision.
(B) If such turnaround plan referee determines that such component is comparable to a public school with a record of academic success, such board of education and such exclusive bargaining unit shall negotiate only the financial impact of such component of such turnaround plan. Such negotiations shall be completed not later than thirty days from the date when such turnaround plan referee determines that such component is comparable to a public school with a record of academic success.
(C) If such turnaround plan referee determines that such component is significantly different from what is comparable to a public school with a record of academic success, such board of education and such exclusive bargaining unit shall negotiate with respect to salaries, hours and other conditions of employment of such component of such turnaround plan. Such negotiations shall be completed not later than thirty days from the date when such turnaround plan referee determines that such component is significantly different from what is comparable to a public school with a record of academic success.
(D) Any agreement reached by the parties following negotiations conducted pursuant to subparagraphs (B) and (C) of this subdivision shall be submitted for approval by the members of the exclusive bargaining representative employed by such board of education at such school. Such agreement shall be ratified upon a majority vote of such members. Upon such ratification, such components of such turnaround plan shall be implemented at such school.
(E) If (i) the parties reach an impasse on one or more issues following negotiations, conducted pursuant to subparagraphs (B) and (C) of this subdivision, or (ii) the members of the exclusive bargaining representative employed by the local or regional board of education for a school in which such turnaround plan is to be implemented fail to ratify the agreement reached by the parties following such negotiations, pursuant to subparagraph (D) of this subdivision, the parties shall proceed to the expedited arbitration process described in subsection (d) of this section. The decision resulting from such expedited arbitration shall be final and binding and included in the turnaround plan. Such components of such turnaround plan shall then be implemented at such school.
(d) Not later than five days after the date the parties reach impasse on one or more issues or the members of the exclusive bargaining representative employed by the local or regional board of education for a school in which such turnaround plan is to be implemented fail to ratify an agreement following negotiations, the parties shall select a single impartial arbitrator in accordance with the provisions of subsection (c) of section 10-153f. Not later than ten days after the selection of the single impartial arbitrator, such arbitrator shall conduct a hearing in the town that such school is located. At such hearing, the parties shall submit to such arbitrator their respective positions on each individual issue in dispute between them in the form of a last best offer. The Commissioner of Education, or the commissioner's designee, shall have an opportunity to make a presentation at such hearing. Not later than twenty days following the close of such hearing, such arbitrator shall render a decision, in writing, signed by such arbitrator, which states in detail the nature of the decision and the disposition of the issues by such arbitrator. Such arbitrators shall give the highest priority to the educational interests of the state, pursuant to section 10-4a, as such interests relate to the children enrolled in such school in arriving at a decision and shall consider other factors, pursuant to subdivision (4) of subsection (c) of section 10-153f, in light of such educational interests. Such decision shall be final and binding and included in the turnaround plan. Such turnaround plan shall then be implemented at such school.
(P.A. 12-116, S. 20; June 12 Sp. Sess. P.A. 12-2, S. 16, 17.)
History: P.A. 12-116 effective May 14, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (c)(2)(A) by replacing “agreement is reached by the turnaround committee” with “turnaround plan is presented to such board of education and such exclusive bargaining unit”, amended Subsec. (c)(3)(B) by replacing “agreement is reached by the turnaround committee” with “turnaround plan referee determines that such component is comparable to a public school with a record of academic success” and amended Subsec. (c)(3)(C) by replacing “consensus is reached by the turnaround committee” with “such turnaround plan referee determines that such component is significantly different from what is comparable to a public school with a record of academic success”, effective June 15, 2012.
Structure Connecticut General Statutes
Title 10 - Education and Culture
Chapter 166 - Teachers and Superintendents
Section 10-144o. - Definitions.
Section 10-145a. (Formerly Sec. 10-146). - Specific components of teacher preparation programs.
Section 10-145b. - Teaching certificates.
Section 10-145c. - Election of persons certified provisionally before July 1, 1974.
Section 10-145e. - Certification for occupational subjects.
Section 10-145f. - Testing for prospective teachers.
Section 10-145g. - Regulations.
Section 10-145h. - Requirements for certification as a bilingual education teacher.
Section 10-145j. - Employment of national corps of teachers' training program graduates.
Section 10-145k. - Issuance of international teacher permit.
Section 10-145l. - Waiver from subject area major requirements for certain teachers.
Section 10-145m. - Resident teacher certificate.
Section 10-145n. - Issuance of adjunct instructor permit.
Section 10-145q. - Issuance of charter school educator permit.
Section 10-145r. - Survey on reading instruction.
Section 10-145s. - Distinguished educator designation.
Section 10-145y. - Issuance of career and technical pathways instructor permit.
Section 10-146a. - Advisory board on state certification of teachers.
Section 10-146f. - Waiver of certification requirements for bilingual teachers.
Section 10-146g. - Teachers of specialized courses.
Section 10-146h. - Report re quality of teacher preparation programs.
Section 10-146i. - Military spouse teacher permit.
Section 10-147 and 10-148. - Kindergarten certificates. Teacher to have certificate.
Section 10-148a. - Professional development for certified employees.
Section 10-148d. - Professional development for paraeducators.
Section 10-149. - Qualifications for athletic coaches of intramural and interscholastic athletics.
Section 10-149d. - Athletic directors. Definitions. Qualifications and hiring. Duties.
Section 10-149f. - Sudden cardiac arrest awareness education program. Consent form.
Section 10-149h. - Exertional heat illness awareness education program.
Section 10-150 and 10-150a. - School registers.
Section 10-151a. - Access of teacher to supervisory records and reports in personnel file.
Section 10-151c. - Nondisclosure of records of teacher performance and evaluation. Exceptions.
Section 10-151d. - Performance Evaluation Advisory Council. Responsibilities.
Section 10-151f. - Teacher evaluation and support pilot program.
Section 10-151g. - Neag School of Education study of teacher evaluation and support pilot program.
Section 10-151i. - Audits of teacher evaluation and support programs.
Section 10-152. - Discrimination in salaries of teachers.
Section 10-153b. - Selection of teachers' representatives.
Section 10-153c. - Disputes as to elections.
Section 10-153f. - Mediation and arbitration of disagreements.
Section 10-153h. - Appropriation.
Section 10-153i. - Designation of statutory agent for service of process.
Section 10-153j. - The making of service of process, notice or demand.
Section 10-153o. - Review of performance of arbitration panel members.
Section 10-153t. - Turnaround plan referees.
Section 10-154. - Homes and transportation for teachers.
Section 10-155. - Emergency teacher training program.
Section 10-155cc. - Definitions.
Section 10-155f. - Residency requirement prohibited.
Section 10-155g. - Educational Excellence Trust Fund.
Section 10-155i. - Pilot program to assist paraprofessionals.
Section 10-155j. - Development of paraprofessionals.
Section 10-155k. - School Paraeducator Advisory Council.
Section 10-155l. - Minority teacher recruitment.
Section 10-155m. - Promotion of teaching profession as career option to high school students.
Section 10-156a. - Duty-free lunch period.
Section 10-156aa. - Task Force to Diversify the Educator Workforce.
Section 10-156bb. - Minority Teacher Recruitment Policy Oversight Council.
Section 10-156c. - Military leave.
Section 10-156cc. - Report re effectiveness of minority teacher recruitment programs.
Section 10-156d. - Reemployment after military leave.
Section 10-156dd. - Student survey re minority teacher recruitment programs.
Section 10-156ee. - Duties re minority teacher recruitment.
Section 10-156gg. - Minority candidate certification, retention or residency year program.
Section 10-156ii. - Minority teacher candidate scholarship program.
Section 10-157a. - Superintendent for more than one town.
Section 10-158. - Superintendent for more than one town. Supervision districts.