(a) No local or regional board of education, governing council of a state or local charter school, interdistrict magnet school operator or supervisory agent of a nonpublic school shall offer employment to an applicant for a position, including any position which is contracted for, if such applicant would have direct student contact, prior to such board, council, operator or supervisory agent:
(1) Requiring of such applicant:
(A) To list the name, address and telephone number of each current or former employer of the applicant, if such current or former employer was a local or regional board of education, council, operator or supervisory agent or if such employment otherwise caused the applicant to have contact with children;
(B) A written authorization that (i) consents to and authorizes disclosure by the employers listed under subparagraph (A) of this subdivision of the information requested under subdivision (2) of this subsection and the release of related records by such employers, (ii) consents to and authorizes disclosure by the Department of Education of the information requested under subdivision (3) of this subsection and the release of related records by the department, and (iii) releases those employers and the department from liability that may arise from such disclosure or release of records pursuant to subdivision (2) or (3) of this subsection; and
(C) A written statement of whether the applicant (i) has been the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated, (ii) has ever been disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by the Department of Children and Families, or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated pursuant to section 17a-101g of abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct, or (iii) has ever had a professional or occupational license or certificate suspended or revoked or has ever surrendered such a license or certificate while an allegation of abuse or neglect was pending or under investigation by the department or an investigation of sexual misconduct was pending or under investigation, or due to an allegation substantiated by the department of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct;
(2) Conducting a review of the employment history of the applicant by contacting those employers listed by the applicant under subdivision (1) of this subsection. Such review shall be conducted using a form developed by the Department of Education in accordance with section 3 of public act 16-67* that shall request (A) the dates of employment of the applicant, and (B) a statement as to whether the employer has knowledge that the applicant (i) was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency or municipal police department or which has been substantiated; (ii) was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or (iii) has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct. Such review may be conducted telephonically or through written communication. Notwithstanding the provisions of subsection (g) of section 31-51i, not later than five business days after any such current or former employer of the applicant receives a request for such information, such employer shall respond with such information. A local or regional board of education, council, operator or supervisory agent may request more information concerning any response made by a current or former employer, and, notwithstanding the provisions of said subsection (g), such employer shall respond not later than five business days after receiving such request; and
(3) Requesting information from the Department of Education concerning (A) the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit issued pursuant to chapter 166, (B) whether the department has knowledge that a finding has been substantiated by the Department of Children and Families pursuant to section 17a-101g of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding, and (C) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.
(b) Notwithstanding the provisions of subsection (g) of section 31-51i, any local or regional board of education, council, operator or supervisory agent that receives information that an applicant for a position with or an employee of the board has been disciplined for a finding of abuse or neglect or sexual misconduct shall notify the Department of Education of such information.
(c) No local or regional board of education, council, operator or supervisory agent shall employ an applicant for a position involving direct student contact who does not comply with the provisions of subdivision (1) of subsection (a) of this section.
(d) A local or regional board of education, council, operator or supervisory agent may employ or contract with an applicant on a temporary basis for a period not to exceed ninety days, pending the review of information received under this section by such board, council, operator or supervisory agent, provided:
(1) The applicant complied with subdivision (1) of subsection (a) of this section;
(2) The board, council, operator or supervisory agent has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment with the board, council, operator or supervisory agent; and
(3) The applicant affirms that the applicant is not disqualified from employment with such board, council, operator or supervisory agent.
(e) No local or regional board of education, council, operator or supervisory agent shall enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any other contract or agreement or take any action that:
(1) Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
(2) Affects the ability of the local or regional board of education, council, operator or supervisory agent to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
(3) Requires the local or regional board of education, council, operator or supervisory agent to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the board, unless after investigation such allegation is dismissed or found to be false.
(f) No local or regional board of education, council, operator or supervisory agent shall offer employment to a person as a substitute teacher, unless such person and such board, council, operator or supervisory agent comply with the provisions of subsection (a) of this section. The board, council, operator or supervisory agent shall determine which such persons are employable as substitute teachers and maintain a list of such persons. No board, council, operator or supervisory agent shall hire any person as a substitute teacher who is not on such list. Such person shall remain on such list as long as such person is continuously employed by the board, council, operator or supervisory agent as a substitute teacher, as described in subsection (c) of section 10-221d, provided the board, council, operator or supervisory agent does not have any knowledge of a reason that such person should be removed from such list.
(g) In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to such contractor all information required of an applicant under subparagraphs (A) and (C) of subdivision (1) of subsection (a) of this section and a written authorization under subparagraph (B) of said subdivision. Such contractor shall contact any current or former employer of such employee that was a local or regional board of education, council, operator or supervisory agent or if such employment caused the employee to have contact with children, and request, either telephonically or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee. Notwithstanding the provisions of subsection (g) of section 31-51i, such employer shall report to the contractor any such finding, either telephonically or through written communication. If the contractor receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, notwithstanding the provisions of said subsection (g), immediately forward such information to any local or regional board of education, council, operator or supervisory agent with which the contractor is under contract, either telephonically or through written communication. Any local or regional board of education, council, operator or supervisory agent that receives such information shall determine whether such employee may work in a position involving direct student contact at any school under the jurisdiction or control of such board, council, operator or supervisory agent. No determination by a local or regional board of education, council, operator or supervisory agent that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract.
(h) Any applicant who knowingly provides false information or knowingly fails to disclose information required in subdivision (1) of subsection (a) of this section shall be subject to discipline by the employing local or regional board of education, council, operator or supervisory agent that may include (1) denial of employment, or (2) termination of the contract of a certified employee, in accordance with the provisions of section 10-151.
(i) Any employer who provides information in accordance with subdivision (2) of subsection (a) of this section or subsection (g) of this section and the Department of Education for the provision of information requested in accordance with subdivision (3) of said subsection (a) shall be immune from criminal and civil liability, provided the employer or department did not knowingly supply false information.
(j) Notwithstanding the provisions of section 10-151c and subsection (g) of section 31-51i, a local or regional board of education, council, operator or supervisory agent shall provide upon request by any other local or regional board of education, council, operator or supervisory agent for the purposes of an inquiry pursuant to subdivision (2) of subsection (a) of this section or subsection (g) of this section or to the Commissioner of Education pursuant to subsection (b) of this section any information that the board, council, operator or supervisory agent has concerning a finding of abuse or neglect or sexual misconduct by a subject of any such inquiry.
(k) For purposes of this section and section 10-221d, (1) “sexual misconduct” means any verbal, nonverbal, written or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature and any other sexual, indecent or erotic contact with a student; (2) “abuse or neglect” means abuse or neglect as described in section 46b-120, and includes any violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; and (3) “former employer” means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity that such applicant was employed by during any of the previous twenty years prior to applying for a position with a local or regional board of education, governing council of a state or local charter school or interdistrict magnet school operator.
(l) Prior to offering employment to an applicant, a local or regional board of education, council, operator or supervisory agent shall make a documented good faith effort to contact each current and any former employer that was a local or regional board of education, council, operator or supervisory agent or if such employment otherwise caused the applicant to have contact with children of the applicant in order to obtain information and recommendations which may be relevant to the applicant's fitness for employment, provided such effort shall not be construed to require more than three telephonic requests made on three separate days.
(m) No local or regional board of education, council, operator or supervisory agent shall offer employment to any applicant who had any previous employment contract terminated by a board, council, operator or supervisory agent or who resigned from such employment, if such person has been convicted of a violation of section 17a-101a, when an allegation of abuse or neglect or sexual assault has been substantiated.
(P.A. 01-173, S. 56, 67; P.A. 16-67, S. 2; P.A. 17-48, S. 5–8; 17-68, S. 10; 17-220, S. 6.)
*Note: Section 3 of public act 16-67 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 01-173 effective July 1, 2001; P.A. 16-67 designated existing provisions re contacting employers as Subsec. (l) and amended same to make applicable prior to offering employment to applicant, add provision re contacting current and former employer that was a board of education, governing council of a charter school or magnet school operator or employer where employment required contact with children, and add provision re effort not construed to require more than 3 telephonic requests on 3 separate days, added Subsec. (a) re board of education, governing council of charter school or magnet school requirements before offering employment to applicant, added Subsec. (b) re notification to department of employee disciplined for finding of abuse or neglect or sexual misconduct, added Subsec. (c) re failure to comply with Subsec. (a), added Subsec. (d) re temporary employment, added Subsec. (e) re agreement and contract prohibitions, added Subsec. (f) re substitute teachers, added Subsec. (g) re contractors, added Subsec. (h) re providing false information or failure to disclose, added Subsec. (i) re immunity from criminal and civil liability, added Subsec. (j) re providing requested information, added Subsec. (k) re definitions and added Subsec. (m) re no offer of employment after substantiated allegation, effective July 1, 2016; P.A. 17-48 replaced references to Sec. 31-51i(f) with references to Sec. 31-51(g) in Subsecs. (a)(2),(b), (g) and (j); P.A. 17-68 added references to supervisory agent of nonpublic school, replaced references to Sec. 31-51i(f) with references to Sec. 31-51(g) and made technical and conforming changes, effective July 1, 2017; P.A. 17-220 amended Subsec. (k) by adding Subdiv. (3) re definition of former employer and making a conforming change, effective July 1, 2017.
Structure Connecticut General Statutes
Title 10 - Education and Culture
Chapter 170 - Boards of Education
Section 10-218. - Officers. Meetings.
Section 10-218a. - Oath of office.
Section 10-219. - Procedure for filling vacancy on local board of education.
Section 10-220. - Duties of boards of education.
Section 10-220b. - Policy statement on drugs.
Section 10-220c. - Transportation of children over private roads. Immunity from liability.
Section 10-220e. - Foster children count.
Section 10-220f. - Safety committee.
Section 10-220g. - Policy on calculation of students' grade point averages.
Section 10-220i. - Transportation of students carrying cartridge injectors.
Section 10-220j. - Blood glucose self-testing by children. Guidelines.
Section 10-220k. - Disclosure of educational records re student confined in residential facility.
Section 10-220m. - Review of transportation arrangements of special needs students.
Section 10-220p. - Materials provided to students when discussing career options.
Section 10-221. - Boards of education to prescribe rules, policies and procedures.
Section 10-221e. - Intradistrict student assignment programs.
Section 10-221f. - School uniforms.
Section 10-221g. - Instructional time and facility usage assessment.
Section 10-221j. - Early Reading Success Panel.
Section 10-221l. - State-Wide Early Reading Success Institute.
Section 10-221n. - Independent evaluation.
Section 10-221p. - Boards to make available for purchase nutritious and low-fat foods.
Section 10-221q. - Sale of beverages.
Section 10-221r. - Advanced placement course program. Guidelines.
Section 10-221t. - Alignment of common core standards with college level programs.
Section 10-221u. - Boards to adopt policies addressing the use of physical activity as discipline.
Section 10-221v. - Confidential rapid response team re suspected abuse or neglect.
Section 10-221w. - Policy re eligibility criteria for enrollment in advanced course or program.
Section 10-221x. - Challenging curriculum policy.
Section 10-222. - Appropriations and budget.
Section 10-222b. - Board to have use of funds from the Manville property damage settlement trust.
Section 10-222d. - Safe school climate plans. Definitions. School climate assessments.
Section 10-222e. - Policy on evaluation and termination of athletic coaches.
Section 10-222f. - College informational forums.
Section 10-222g. - Prevention and intervention strategy re bullying and teen dating violence.
Section 10-222i. - State-wide safe school climate resource network.
Section 10-222m. - School security and safety plans. School security and safety committees.
Section 10-222n. - School security and safety plan standards.
Section 10-222o. - Information re aggregate spending for education to be made available.
Section 10-222q. - Social and Emotional Learning and School Climate Advisory Collaborative.
Section 10-222r. - Publication of plain language explanation of rights and remedies.
Section 10-222t. - Administration of social-emotional learning assessment.
Section 10-222u. - State-wide social-emotional support strategy.
Section 10-222v. - Social-emotional learning standards for grades four to twelve.
Section 10-222w. - Working group re bullying and safe school climate plans.
Section 10-223. - Separate high school accounts.
Section 10-223g. - On-line credit recovery program. On-line learning coordinator.
Section 10-223j. - School governance councils.
Section 10-223k. - Department of Education to publish certain plans, rankings and formulas.
Section 10-223l. - Model school district responsibilities agreement.
Section 10-223n. - Publication of completion rates of the Free Application for Federal Student Aid.
Section 10-224. - Duties of the secretary.
Section 10-225. - Salaries of secretary and attendance officers.
Section 10-226. - Reports to Commissioner of Education.
Section 10-226b. - Existence of racial imbalance.
Section 10-226c. - Plan to correct imbalance.
Section 10-226d. - Approval of plan by state board.
Section 10-226e. - Regulations.
Section 10-226f. - Coordinator of intergroup relations.
Section 10-226g. - Intergroup relations training for teachers.
Section 10-226h. - Programs and methods to reduce racial, ethnic and economic isolation.
Section 10-228. - Free textbooks, supplies, material and equipment.
Section 10-228a. - Free textbook loans to pupils attending nonpublic schools.
Section 10-228b. - Tax credits for donation of computers to schools.
Section 10-229. - Change of textbooks.
Section 10-230a. - Employment of instructors of Junior Reserve Officer Training Corps programs.
Section 10-230b. - Exemplary veterans education program distinction.
Section 10-231. - Fire drills. Crisis response drills.
Section 10-231a. - Pesticide applications at schools: Definitions.
Section 10-231b. - Pesticide applications at schools: Authorized applications. Ban. Exceptions.
Section 10-231e. - Maintenance of heating, ventilation and air conditioning system.
Section 10-231f. - Indoor air quality committee.
Section 10-231g. - Green cleaning program at schools: Definitions. Implementation. Notice.
Section 10-232. - Restrictions on employment of members of board of education.
Section 10-233. - Suspension of pupils.
Section 10-233a. - Definitions.
Section 10-233b. - Removal of pupils from class.
Section 10-233c. - Suspension of pupils.
Section 10-233d. - Expulsion of pupils.
Section 10-233e. - Notice as to disciplinary policies and action.
Section 10-233f. - In-school suspension of pupils. Reassignment.
Section 10-233i. - Students placed on probation by a court.
Section 10-233j. - Student possession and use of telecommunication devices.
Section 10-233l. - Expulsion and suspension of children in preschool programs.
Section 10-233m. - Memorandum of understanding re school resource officers.
Section 10-233n. - Report re disaggregated school discipline data.
Section 10-233o. - Standards re alternative educational opportunities.
Section 10-234. - Expulsion of pupils.
Section 10-234aa. - Definitions.
Section 10-234cc. - Requirements for operators re student data.
Section 10-234dd. - Duties re unauthorized release, disclosure or acquisition of student data.
Section 10-234ff. - Uniform student data privacy terms-of-service agreement addendum.
Section 10-235a. - Immunity from liability of internship providers.
Section 10-236. - Liability insurance.
Section 10-236a. - Indemnification of educational personnel assaulted in the line of duty.
Section 10-236b. - Physical restraint and seclusion of students by school employees.
Section 10-236c. - Behavior intervention meetings for certain students.
Section 10-237. - School activity funds.
Section 10-239. - Use of school facilities for other purposes.
Section 10-239a. - Demonstration scholarship program. Short title. Legislative intent.
Section 10-239b. - Definitions.
Section 10-239c. - Contract with federal agency for funds.
Section 10-239d. - Demonstration board and staff. Scholarships.
Section 10-239e. - Use of scholarships. Eligibility of schools.
Section 10-239f. - Collective bargaining by teachers.
Section 10-239g. - Evaluation of quality of education and satisfaction with schools under program.
Section 10-239h. - Liberal construction.
Section 10-239j. - Disclosure of accreditation reports. Notification requirements.