Table of Contents
Sec. 10-144o. Definitions.
Sec. 10-145. Certificate necessary to employment. Forfeiture for noncompliance. Substitute teachers.
Sec. 10-145a. (Formerly Sec. 10-146). Certificates of qualification. Specific components
of teacher preparation programs.
Sec. 10-145b. Teaching certificates.
Sec. 10-145c. Election of persons certified provisionally before July 1, 1974.
Sec. 10-145d. State board regulations for teacher certificates. Certification of school
business administrators; membership in teachers' retirement system; applicability of
teacher tenure law. Certification of computer science teachers.
Sec. 10-145e. Certification for occupational subjects.
Sec. 10-145f. Testing for prospective teachers.
Sec. 10-145g. Regulations.
Sec. 10-145h. Requirements for certification as a bilingual education teacher.
Sec. 10-145i. Limitation on issuance and reissuance of certificates to certain applicants.
Sec. 10-146.
Sec. 10-146a. Advisory board on state certification of teachers.
Sec. 10-146b. Extension of period to complete requirements for teaching certificates.
Waiver of compliance with revised statutes and regulations.
Sec. 10-146c. Interstate Agreement on Qualification of Educational Personnel.
Sec. 10-146d. Commissioner of Education as agent for state.
Sec. 10-146e. Filing of contracts under agreement.
Sec. 10-146f. Waiver of certification requirements for bilingual teachers.
Secs. 10-147 and 10-148. Kindergarten certificates. Teacher to have certificate.
Sec. 10-149. Qualifications for coaches of intramural and interscholastic athletics.
Secs. 10-150 and 10-150a. School registers.
Sec. 10-151. Employment of teachers. Definitions. Notice and hearing on failure to renew
or termination of contract. Appeal.
Sec. 10-151a. Access of teacher to supervisory records and reports in personnel file.
Sec. 10-151b. Evaluation by superintendents of certain educational personnel.
Sec. 10-151c. Records of teacher performance and evaluation not public records.
Sec. 10-152. Discrimination in salaries of teachers.
Sec. 10-153. Discrimination on account of marital status.
Sec. 10-153a. Rights concerning professional organization and negotiations. Duty of fair
representation. Annual service fees negotiable item.
Sec. 10-153b. Selection of teachers' representatives.
Sec. 10-153c. Disputes as to elections.
Sec. 10-153d. Meeting between board of education and fiscal authority required. Duty to
negotiate. Procedure if legislative body rejects contract.
Sec. 10-153e. Prohibited practices of employers, employees and representatives. Hearing
before State Board of Labor Relations. Appeal. Penalty.
Sec. 10-153f. Mediation and arbitration of disagreements.
Sec. 10-153g. Negotiations concerning salaries, hours and other conditions of employment
unaffected by special acts, charters, ordinances.
Sec. 10-153h. Appropriation.
Sec. 10-153i. Designation of statutory agent for service of process.
Sec. 10-153j. The making of service of process, notice or demand.
Sec. 10-153k. Teacher Negotiation Act applies to incorporated or endowed high schools or
academies.
Sec. 10-153l. Applicability of employment of teachers statute and teacher negotiation law
to incorporated or endowed high schools or academies.
Sec. 10-153m. Payment of attorney's fees in proceedings to vacate or confirm teacher
grievance arbitration awards.
Sec. 10-153n. Applicability of employment of teachers statute and teacher negotiation law
to the Gilbert School in Winchester.
Sec. 10-153o. Review of performance of arbitration panel members.
Sec. 10-153p to 10-153r. Summary of results of contract negotiations. Monitoring of major
economic provisions of contracts. Report concerning contracts to General Assembly.
Sec. 10-154. Homes and transportation for teachers.
Sec. 10-154a. Professional communications between teacher or nurse and student. Surrender
of physical evidence obtained from students.
Sec. 10-155. Emergency teacher training program.
Secs. 10-155a to 10-155c. Cooperative arrangements for teacher training. Subcommittee and
advisory committee for program. State grants.
Sec. 10-155d. Encouragement and study of teacher preparation.
Sec. 10-155e. Development of programs to assist paraprofessionals to fulfill state certification requirements. Report to General Assembly.
Sec. 10-155f. Residency requirement prohibited.
Sec. 10-155g. Educational Excellence Trust Fund.
Sec. 10-155h. Educational excellence program administered by department. Governor to recommend appropriation for.
Sec. 10-155i. Pilot program to assist paraprofessionals.
Secs. 10-155j to 10-155m.
Secs. 10-155n to 10-155q. Teacher career incentive programs. Applications for grants; selection criteria. Project evaluations; statement of expenditures. Grant program administration.
Secs. 10-155r and 10-155s.
Secs. 10-155t to 10-155bb. Advisory commission on career incentives and teacher evaluation. Election to participate in programs; appointment of panels. Local teacher evaluation
plans. Presentation of plans. Grants for developing evaluation plans. Local career incentive plans. Grants for developing career incentive plans. Grants for approval of evaluation and career incentive plans; distribution of proceeds. Teacher Career Incentive Fund;
grants for approval of evaluation and career incentive plans; distribution of proceeds.
Sec. 10-155cc. Definitions.
Secs. 10-155dd to 10-155gg. Grants to implement comprehensive professional development
plans. Planning grants to develop or revise teacher evaluation programs. Grants to implement, assess and improve teacher evaluation programs. Planning grants for teacher career
incentive programs.
Sec. 10-156. Sick leave.
Sec. 10-156a. Duty-free lunch period.
Sec. 10-156b. Tenure and sick leave rights of teacher on regionalization of school and on
dissolution of regional school district.
Sec. 10-156c. Military leave.
Sec. 10-156d. Reemployment after military leave.
Sec. 10-156e. Employees of boards of education permitted to serve as elected officials;
exception.
Sec. 10-157. Superintendents: Relationship to local or regional board of education; verification of certification status; written contract of employment; evaluation of superintendent by board of education.
Sec. 10-157a. Superintendent for more than one town.
Sec. 10-158. Superintendent for more than one town. Supervision districts.
Sec. 10-158a. Cooperative arrangements among towns. School building projects. Student
transportation.
Secs. 10-159 and 10-159a. Supervisory service by State Board of Education. Election to
receive grant in lieu of supervisory service.
TEACHERS
Sec. 10-144o. Definitions. As used in sections 10-145 to 10-158a, inclusive: Sec. 10-145. Certificate necessary to employment. Forfeiture for noncompliance. Substitute teachers. (a) No teacher, supervisor, administrator, special service
staff member or school superintendent shall be employed in any of the schools of any
local or regional board of education unless such person possesses an appropriate state
certificate, nor shall any such person be entitled to any salary unless such person can
produce such certificate dated previous to or the first day of employment; provided
nothing herein contained shall be construed to prevent the board of education from
prescribing qualifications additional to those prescribed by the regulations of the State
Board of Education and provided nothing herein contained shall be construed to prevent
any local or regional board of education from contracting with a licensed drivers' school
approved by the Commissioner of Motor Vehicles for the behind-the-wheel instruction
of a driver instruction course, to be given by driving instructors licensed by the Department of Motor Vehicles. No person shall be employed in any of the schools of any
local or regional board of education as a substitute teacher unless such person holds a
bachelor's degree, provided the Commissioner of Education may waive such requirement for good cause upon the request of a superintendent of schools. Sec. 10-145a. (Formerly Sec. 10-146). Certificates of qualification. Specific
components of teacher preparation programs. (a) The State Board of Education may,
in accordance with section 10-19 and such regulations and qualifications as it prescribes,
issue certificates of qualification to teach, to administer, to supervise or to serve in other
positions requiring certification pursuant to regulations adopted by the State Board of
Education in any public school in the state and may revoke the same. Any such regulations shall provide that the qualifications to maintain any administrator, supervisor or
special service certificate shall incorporate the continuing education provisions of subsection (l) of section 10-145b. The certificates of qualification issued under this section
shall be accepted by boards of education in lieu of any other certificate, provided additional qualifications may be required by a board of education, in which case the state
certificate shall be accepted for such subjects as it includes. Sec. 10-145b. Teaching certificates. (a) The State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate to any person
who has graduated (1) from a four-year baccalaureate program of teacher education as
approved by said state board, or (2) from a four-year baccalaureate program approved
by said state board or from a college or university accredited by the board of governors
or regionally accredited, provided such person has taken such teacher training equivalents as the State Board of Education shall require and, unless such equivalents are taken
at institutions outside of this state, as the board of governors shall accredit. In addition,
on and after July 1, 1993, each applicant shall have completed a subject area major as
defined by the State Board of Education. Each such initial educator certificate shall be
valid for three years, except as provided in subsection (c) of this section, and may be
extended by the Commissioner of Education for an additional year for good cause upon
the request of the superintendent in whose school district such person is employed or
upon the request of the assessment team reviewing such person's performance. Sec. 10-145c. Election of persons certified provisionally before July 1, 1974.
Section 10-145c is repealed, effective July 1, 1993. Sec. 10-145d. State board regulations for teacher certificates. Certification of
school business administrators; membership in teachers' retirement system; applicability of teacher tenure law. Certification of computer science teachers. (a) The
State Board of Education shall, pursuant to chapter 54, adopt such regulations as may
be necessary to carry out the provisions of sections 10-144o, 10-145a to 10-145d, inclusive, 10-145f and 10-146b. Such regulations shall provide for (1) the establishment of
an appeal panel to review any decision to deny the issuance of a certificate authorized
under said section 10-145b; (2) the establishment of requirements for subject area endorsements; (3) the extension of the time to complete requirements for certificates under
said section 10-145b; (4) the establishment of requirements for administrator and supervisor certificates; (5) the composition of, and the procedures to be utilized by, the assessment teams in implementing the beginning educator program; (6) procedures and criteria
for issuing certificates to persons whose certificates have lapsed or persons with non-
public-school or out-of-state teaching experience; (7) the criteria for defining a major
course of study; (8) a requirement that on and after July 1, 1993, in order to be eligible
to obtain an initial educator certificate with an elementary endorsement, each person
be required to complete a survey course in United States history comprised of not fewer
than three semester hours; and (9) a requirement that on and after July 1, 2003, in order
to be eligible to obtain an initial educator certificate with an early childhood nursery
through grade three or an elementary endorsement, each person be required to complete
a comprehensive reading instruction course comprised of not less than six semester
hours. Such regulations may provide for exceptions to accommodate specific certification endorsement areas. Sec. 10-145e. Certification for occupational subjects. Notwithstanding any provision of the general statutes, or of any special act or of the regulations promulgated by
the State Board of Education pursuant to section 10-145d, to the contrary, any individual
who, prior to July 1, 1977, was employed as an occupational instructor by a local or
regional board of education or the State Board of Education and who held an occupational certificate on said date, shall qualify for and be granted a standard certificate as
an occupational instructor. Sec. 10-145f. Testing for prospective teachers. (a) No person shall be formally
admitted to a State Board of Education approved teacher preparation program until such
person has achieved satisfactory scores on all components, in one administration, or,
on and after January 1, 1995, has achieved satisfactory scores on all components of
the state reading, writing and mathematics competency examination prescribed by and
administered under the direction of the board, or has achieved a combined score of one
thousand or more on a Scholastic Aptitude Test administered on or before March 31,
1995, or a combined score of eleven hundred or more on a Scholastic Aptitude Test
administered on or after April 1, 1995, or an equivalent score as determined by the board
on a test deemed equivalent by the board, provided, if the Scholastic Aptitude Test or
the equivalent test was a non-English-language version, the person shall demonstrate a
satisfactory level of English proficiency as determined by the board on a test prescribed
by the board. Such competency examination shall be conducted at least twice during
each year. Sec. 10-145g. Regulations. The State Board of Education shall adopt regulations,
in accordance with the provisions of chapter 54, to govern the use and access of information concerning child abuse in reports received by the Commissioner of Education, or
his representative, pursuant to sections 17a-101b and 17a-101c. Sec. 10-145h. Requirements for certification as a bilingual education teacher.
(a) On and after July 1, 1999, the State Board of Education shall require an applicant
for certification as a bilingual education teacher to demonstrate competency in English
and the other language of instruction as a condition of certification. Competency in
English shall be demonstrated by successful passage of the essential skills test approved
by the State Board of Education. Competency in the other language shall be demonstrated on an examination, if available, of comparable difficulty as specified by the
Department of Education. If such an examination is not available, competency shall be
demonstrated by an appropriate alternative method as specified by the department. Sec. 10-145i. Limitation on issuance and reissuance of certificates to certain
applicants. Notwithstanding the provisions of sections 10-144o to 10-146b, inclusive,
and 10-149, the State Board of Education shall not issue or reissue any certificate pursuant to said sections if (1) the applicant for such certificate has been convicted of any of
the following: (A) A capital felony, as defined in section 53a-54b; (B) arson murder,
as defined in section 53a-54d; (C) any Class A felony; (D) any Class B felony except
a violation of section 53a-122, 53a-252 or 53a-292; or (E) a violation of section 53-21,
53-37a, 53a-60b, 53a-60c, 53a-88, 53a-99, 53a-103a, 53a-181b, 53a-181c, 53a-191,
53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of subsection (a) of
section 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application. Sec. 10-146. Transferred to Sec. 10-145a. Sec. 10-146a. Advisory board on state certification of teachers. Section 10-
146a is repealed. Sec. 10-146b. Extension of period to complete requirements for teaching certificates. Waiver of compliance with revised statutes and regulations. (a) Any person
who holds a provisional educator or provisional teaching certificate or held such certificate within one year of application for extension of such certificate and is unable to
complete the requirements for a professional educator certificate within the period required, or any person who holds a professional educator certificate or held such certificate within one year of application for extension of such certificate and is unable to
complete the requirements for continuation of such professional educator certificate
within the period required may appeal to said board for an extension of the applicable
period for good cause and said board, if it finds a hardship exists in the case of such
person or if it finds an emergency situation because of a shortage of certified teachers
in the school district where such person is employed, may extend, effective as of or
retroactive to the expiration date of such certificate, such applicable period within which
such person shall complete such requirements for such time as to said board seems
reasonable, provided not more than one extension shall be granted to such person and,
provided further, the record of such person is satisfactory under the provisions of sections
10-145a to 10-145d, inclusive, and this section. For the purposes of section 10-151, any
lapse period pursuant to this section shall not constitute a break in employment for
such person if reemployed and shall be used for the purpose of calculating continuous
employment. 1. The states party to this agreement, desiring by common action to improve their
respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of
cooperation with one another, to take advantage of the preparation and experience of
such persons wherever gained, thereby serving the best interests of society, of education,
and of the teaching profession. It is the purpose of this agreement to provide for the
development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to
it, and to authorize specific interstate educational personnel contracts to achieve that end. As used in this agreement and contracts made pursuant to it, unless the context clearly
requires otherwise: 1. The designated state official of a party state may make one or more contracts on
behalf of his state with one or more other party states providing for the acceptance of
educational personnel. Any such contract for the period of its duration shall be applicable
to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement.
A designated state official may enter into a contract pursuant to this article only with
states in which he finds that there are programs of education, certification standards or
other acceptable qualifications that assure preparation or qualification of educational
personnel on a basis sufficiently comparable, even though not identical to that prevailing
in his own state. 1. Nothing in this agreement shall be construed to repeal or otherwise modify any
law or regulation of a party state relating to the approval of programs of educational
preparation having effect solely on the qualification of educational personnel within
that state. The party states agree that: The designated state officials of any party states may meet from time to time as a
group to evaluate progress under the agreement, and to formulate recommendations for
changes. Nothing in this agreement shall be construed to prevent or inhibit other arrangements
or practices of any party state or states to facilitate the interchange of educational personnel. 1. This agreement shall become effective when enacted into law by two states.
Thereafter it shall become effective as to any state upon its enactment of this agreement. This agreement shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this agreement shall be severable and if any phrase, clause, sentence,
or provision of this agreement is declared to be contrary to the constitution of any state
or of the United States, or the application thereof to any government, agency, person,
or circumstances is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person, or circumstance shall not be
affected thereby. If this agreement shall be held contrary to the constitution of any state
participating therein, the agreement shall remain in full force and effect as to the state
affected as to all severable matters. Sec. 10-146d. Commissioner of Education as agent for state. The Commissioner of Education shall be the designated state official for this state. The commissioner
shall enter into contracts pursuant to Article III of the agreement only with the approval
of the specific text thereof by the State Board of Education. Sec. 10-146e. Filing of contracts under agreement. True copies of all contracts
made on behalf of this state pursuant to the agreement shall be kept on file in the office
of the Commissioner of Education and in the office of the Secretary of the State. The
State Board of Education shall publish all such contracts in convenient form. Sec. 10-146f. Waiver of certification requirements for bilingual teachers. Section 10-146f is repealed. Secs. 10-147 and 10-148. Kindergarten certificates. Teacher to have certificate. Sections 10-147 and 10-148 are repealed. Sec. 10-149. Qualifications for coaches of intramural and interscholastic athletics. The State Board of Education shall, pursuant to chapter 54, adopt regulations
fixing the qualifications of coaches of intramural and interscholastic athletics. Such
regulations shall make provision for qualified persons who do not possess a teaching
certificate to coach intramural and interscholastic athletics if a qualified person possessing a teaching certificate is not available. Secs. 10-150 and 10-150a. School registers. Sections 10-150 and 10-150a are
repealed. Sec. 10-151. Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal. (a) For the purposes of this section: Sec. 10-151a. Access of teacher to supervisory records and reports in personnel file. Each professional employee certified by the State Board of Education and
employed by any local or regional board of education shall be entitled to knowledge of,
access to, and, upon request, a copy of supervisory records and reports of competence,
personal character and efficiency maintained in such employee's personnel file with
reference to evaluation of performance as a professional employee of such board of
education. Sec. 10-151b. Evaluation by superintendents of certain educational personnel.
(a) The superintendent of each local or regional board of education shall, in accordance
with guidelines established by the State Board of Education for the development of
evaluation programs and such other guidelines as may be established by mutual
agreement between the local or regional board of education and the teachers' representative chosen pursuant to section 10-153b, continuously evaluate or cause to be evaluated
each teacher. An evaluation pursuant to this subsection shall include, but need not be
limited to, strengths, areas needing improvement and strategies for improvement. The
superintendent shall report the status of teacher evaluations to the local or regional board
of education on or before June first of each year. For purposes of this section, the term
"teacher" shall include each professional employee of a board of education, below the
rank of superintendent, who holds a certificate or permit issued by the State Board of
Education. Sec. 10-151c. Records of teacher performance and evaluation not public records. Any records maintained or kept on file by any local or regional board of education
which are records of teacher performance and evaluation shall not be deemed to be
public records and shall not be subject to the provisions of section 1-210, provided that
any teacher may consent in writing to the release of his records by a board of education.
Such consent shall be required for each request for a release of such records. For the
purposes of this section the term "teacher" shall include each certified professional
employee below the rank of superintendent employed by a board of education in a
position requiring a certificate issued by the State Board of Education. Sec. 10-152. Discrimination in salaries of teachers. Section 10-152 is repealed. Sec. 10-153. Discrimination on account of marital status. No local or regional
board of education shall discriminate on the basis of sex or marital status in the employment of teachers in the public schools or in the determination of the compensation to
be paid to such teachers. Sec. 10-153a. Rights concerning professional organization and negotiations.
Duty of fair representation. Annual service fees negotiable item. (a) Members of
the teaching profession shall have and shall be protected in the exercise of the right to
form, join or assist, or refuse to form, join or assist, any organization for professional
or economic improvement and to negotiate in good faith through representatives of their
own choosing with respect to salaries, hours and other conditions of employment free
from interference, restraint, coercion or discriminatory practices by any employing
board of education or administrative agents or representatives thereof in derogation of
the rights guaranteed by this section and sections 10-153b to 10-153n, inclusive. Sec. 10-153b. Selection of teachers' representatives. (a) Whenever used in this
section or in sections 10-153c to 10-153n, inclusive: (1) The "administrators' unit"
means the certified professional employee or employees in a school district not excluded
from the purview of sections 10-153a to 10-153n, inclusive, employed in positions
requiring an intermediate administrator or supervisor certificate, or the equivalent
thereof, and whose administrative or supervisory duties, for purposes of determining
membership in the administrators' unit, shall equal at least fifty per cent of the assigned
time of such employee. Certified professional employees covered by the terms and
conditions of a contract in effect prior to October 1, 1983, shall continue to be covered
by such contract or any successor contract until such time as the employee is covered
by the terms and conditions of a contract negotiated by the exclusive bargaining unit of
which the employee is a member for purposes of collective bargaining pursuant to the
provisions of this section. (2) The "teachers' unit" means the group of certified professional employees who are employed by a local or regional board of education in positions
requiring a teaching or other certificate and are not included in the administrators' unit
or excluded from the purview of sections 10-153a to 10-153n, inclusive. (3) "Commissioner" means the Commissioner of Education. (4) "To post a notice" means to post a
copy of the indicated material on each bulletin board for teachers in every school in the
school district or, if there are no such bulletin boards, to give a copy of such information
to each employee in the unit affected by such notice. (5) "Budget submission date"
means the date on which a school district is to submit its itemized estimate of the cost
of maintenance of public schools for the next following year to the board of finance in
each town having a board of finance, to the board of selectmen in each town having no
board of finance and, in any city having a board of finance, to said board, and otherwise
to the authority making appropriations therein. (6) "Days" means calendar days. Sec. 10-153c. Disputes as to elections. (a) Any dispute as to the eligibility of personnel to vote in an election, or the agency to conduct the election required by section
10-153b, shall be submitted to a board of arbitration for a binding decision with respect
thereto. If there are two or more organizations seeking to represent employees, each
may name an arbitrator within five days after receipt of a request for arbitration made
in writing by any party to the dispute. Such arbitrators shall select an additional impartial
member thereof within five days after the arbitrators have been named by the parties.
The impartial agency selected to conduct the election shall decide all procedural matters
relating to such election and shall conduct such election fairly. Each organization shall
have, during the election process, equal access to school mail boxes and facilities. Sec. 10-153d. Meeting between board of education and fiscal authority required. Duty to negotiate. Procedure if legislative body rejects contract. (a) Within
thirty days prior to the date on which the local or regional board of education is to
commence negotiations pursuant to this section, such board of education shall meet and
confer with the board of finance in each town or city having a board of finance, with
the board of selectmen in each town having no board of finance and otherwise with the
authority making appropriations therein. A member of such board of finance, such board
of selectmen, or such other authority making appropriations, shall be permitted to be
present during negotiations pursuant to this section and shall provide such fiscal information as may be requested by the board of education. Sec. 10-153e. Prohibited practices of employers, employees and representatives. Hearing before State Board of Labor Relations. Appeal. Penalty. (a) No certified professional employee shall, in an effort to effect a settlement of any disagreement
with the employing board of education, engage in any strike or concerted refusal to
render services. This provision may be enforced in the superior court for any judicial
district in which said board of education is located by an injunction issued by said
court or a judge thereof pursuant to sections 52-471 to 52-479, inclusive, provided the
Commissioner of Education shall be given notice of any hearing and the commissioner
or said commissioner's designee shall be an interested party for the purposes of section
52-474. Sec. 10-153f. Mediation and arbitration of disagreements. (a) There shall be in
the Department of Education an arbitration panel of not less than twenty-four nor more
than twenty-nine persons to serve as provided in subsection (c) of this section. The
Governor shall appoint such panel, with the advice and consent of the General Assembly,
as follows: (1) Seven members shall be representative of the interests of local and regional boards of education and shall be selected from lists of names submitted by such
boards; (2) seven members shall be representative of the interests of exclusive bargaining
representatives of certified employees and shall be selected from lists of names submitted by such bargaining representatives; and (3) not less than ten nor more than fifteen
members shall be impartial representatives of the interests of the public in general and
shall be residents of the state of Connecticut, experienced in public sector collective
bargaining interest impasse resolution and selected from lists of names submitted by
the State Board of Education. The lists of names submitted to the Governor pursuant to
subdivisions (1) to (3), inclusive, of this subsection shall, in addition to complying
with the provisions of section 4-9b, include a report from the State Board of Education
certifying that the process conducted for soliciting applicants made adequate outreach to
minority communities and documenting the number and make-up of minority applicants
considered reflect the state's racial and ethnic diversity. Each member of the panel shall
serve a term of two years, provided each arbitrator shall hold office until a successor is
appointed and, provided further, any arbitrator not reappointed shall finish to conclusion
any arbitration for which such arbitrator has been selected or appointed. Arbitrators may
be removed for good cause. If any vacancy occurs in such panel, the Governor shall act
within forty days to fill such vacancy in the manner provided in section 4-19. Persons
appointed to the arbitration panel shall serve without compensation but each shall receive
a per diem fee for each day during which he is engaged in the arbitration of a dispute
pursuant to this section. The parties to the dispute so arbitrated shall pay the fee in
accordance with subsection (c) of this section. Sec. 10-153g. Negotiations concerning salaries, hours and other conditions of
employment unaffected by special acts, charters, ordinances. Notwithstanding the
provisions of any special act, municipal charter or local ordinance, the provisions of
sections 10-153a to 10-153n, inclusive, shall apply to negotiations concerning salaries,
hours and other conditions of employment conducted by boards of education and certified personnel. Sec. 10-153h. Appropriation. Section 10-153h is repealed. Sec. 10-153i. Designation of statutory agent for service of process. (a) (1) Each
administrators' or teachers' representative organization shall file with the commissioner
a written designation, on such form as the commissioner shall prescribe, of a statutory
agent for service of process who shall be the statutory agent for all members of the
administrators' unit or teachers' unit, as defined in subsection (a) of section 10-153b,
who shall be (A) a natural person who is a resident of this state, or (B) a domestic
corporation. (2) Each written appointment shall be signed by the president or vice president or secretary of the appointing organization. Each written appointment shall also
be signed by the statutory agent for service therein appointed. Sec. 10-153j. The making of service of process, notice or demand. (a) Except
for citations for contempt, any process, notice or demand in connection with any action
or proceeding pursuant to subsection (a) of section 10-153e, to be served upon any
member of an administrators' unit or any member of a teachers' unit as defined in
subsection (a) of section 10-153b, may be served upon the statutory agent for service
by any proper officer or other person lawfully empowered to make service. The person
making service of such process, notice or demand shall immediately send a true and
attested copy thereof by registered or certified mail to each person named in such process,
notice or demand. Sec. 10-153k. Teacher Negotiation Act applies to incorporated or endowed
high schools or academies. The provisions of sections 10-153a to 10-153n, inclusive,
shall apply to all certified professional employees of an incorporated or endowed high
school or academy approved pursuant to section 10-34. Sec. 10-153l. Applicability of employment of teachers statute and teacher negotiation law to incorporated or endowed high schools or academies. The provisions
of section 10-151 as it pertains to employment of certified professional employees of
an incorporated or endowed high school or academy approved pursuant to section 10-
34 and the provisions of section 10-153k shall not become effective until a majority of
all the certified professional employees at such incorporated or endowed high school
or academy elect to come under the provisions of said sections 10-151 and 10-153k.
The election shall be conducted by secret ballot in September, 1979 and the results
thereof certified to the Commissioner of Education. Sec. 10-153m. Payment of attorney's fees in proceedings to vacate or confirm
teacher grievance arbitration awards. In any action brought pursuant to section 52-
418 to vacate an arbitration award rendered in a controversy between a board of education and a teacher or the organization which is the exclusive representative of a group of
teachers, or to confirm, pursuant to section 52-417, such an arbitration award, reasonable
attorney's fees and costs may be awarded in accordance with the following: (1) Where
the board of education moves to vacate an award and the award is not vacated, the court
may award reasonable attorney's fees and costs to the teacher; (2) where the teacher
moves to vacate an award and the award is not vacated, the court may award reasonable
attorney's fees and costs to the board of education; (3) where the teacher moves to
confirm an award, if the board of education refuses to stipulate to such confirmation
and if the award is confirmed, the court may award reasonable attorney's fees and costs
to the teacher; (4) where the board of education moves to confirm an award, if the teacher
refuses to stipulate to such confirmation and if the award is confirmed, the court may
award reasonable attorney's fees and costs to the board of education. Sec. 10-153n. Applicability of employment of teachers statute and teacher negotiation law to the Gilbert School in Winchester. Notwithstanding the provisions
of section 10-153l, the provisions of section 10-151 as it pertains to employment of
certified professional employees of an incorporated or endowed high school or academy
approved pursuant to section 10-34, and the provisions of sections 10-153a to 10-153m,
inclusive, shall apply to all certified professional employees of the Gilbert School in
Winchester. Sec. 10-153o. Review of performance of arbitration panel members. The Commissioner of Education shall develop a process to annually review the performance of
each member of the arbitration panel appointed pursuant to subsection (a) of section
10-153f, including an evaluation of the member's compliance with the provisions of
said section. Sec. 10-153p to 10-153r. Summary of results of contract negotiations. Monitoring of major economic provisions of contracts. Report concerning contracts to
General Assembly. Sections 10-153p to 10-153r, inclusive, are repealed, effective July
1, 1997. Sec. 10-154. Homes and transportation for teachers. Section 10-154 is repealed. Sec. 10-154a. Professional communications between teacher or nurse and student. Surrender of physical evidence obtained from students. (a) As used in this
section: (1) "School" means a public school as defined in section 10-183b or a private
elementary or secondary school attendance at which meets the requirements of section
10-184; (2) a "professional employee" means a person employed by a school who (A)
holds a certificate from the State Board of Education, (B) is a member of a faculty where
certification is not required, (C) is an administration officer of a school, or (D) is a
registered nurse employed by or assigned to a school; (3) a "student" is a person enrolled
in a school; (4) a "professional communication" is any communication made privately
and in confidence by a student to a professional employee of such student's school in
the course of the latter's employment. Sec. 10-155. Emergency teacher training program. The Board of Trustees for
the Connecticut State University System may maintain an emergency training program
to prepare graduates of approved four-year colleges and universities to teach in the
elementary schools of the state. In carrying out such program the board may (a) establish
regulations governing the admission of students to the program; (b) fix tuition rates to
be paid by such students, and (c) enter into such contracts and agreements as it finds
necessary to secure the necessary facilities. Secs. 10-155a to 10-155c. Cooperative arrangements for teacher training.
Subcommittee and advisory committee for program. State grants. Sections 10-155a
to 10-155c, inclusive, are repealed. Sec. 10-155d. Encouragement and study of teacher preparation. The Board
of Governors of Higher Education shall encourage and support experimentation and
research in the preparation of teachers for public elementary and secondary schools and
shall continue the study and evaluation conducted pursuant to section 10-324a of the
1965 supplement to the general statutes. To help fulfill the purposes of this section, the
Board of Governors of Higher Education shall appoint an advisory council composed
of qualified professionals which shall render assistance and advice to said board. In
carrying out its activities pursuant to this section, said board shall consult with the State
Board of Education and such other agencies as it deems appropriate to assure coordination of all activities of the state relating to the preparation of teachers for public elementary and secondary schools. Sec. 10-155e. Development of programs to assist paraprofessionals to fulfill
state certification requirements. Report to General Assembly. The Board of Governors of Higher Education, with the advice and assistance of the constituent units of the
state system of higher education and such private institutions of higher education as
elect to participate after notice thereof, shall develop programs for persons employed
in the public schools as paraprofessionals, to assist such paraprofessionals to fulfill state
teacher certification requirements. Said Board of Governors of Higher Education shall
report its findings and recommendations to the joint standing committee on education
of the General Assembly on or before February 1, 1974. Sec. 10-155f. Residency requirement prohibited. No municipality or school district shall require that an individual reside within the municipality or school district as
a condition for appointment or continued employment as a school teacher. Sec. 10-155g. Educational Excellence Trust Fund. There is established a fund
to be known as the "Educational Excellence Trust Fund". Moneys deposited in the fund
shall be held by the Treasurer separate and apart from all other moneys, funds and
accounts. Investment earnings credited to the fund shall become part of the fund.
Amounts in the fund shall be expended only pursuant to appropriations by the General
Assembly and for the purpose of fostering the professional development and excellence
of the teachers of the state. Sec. 10-155h. Educational excellence program administered by department.
Governor to recommend appropriation for. Section 10-155h is repealed. Sec. 10-155i. Pilot program to assist paraprofessionals. (a) For purposes of this
section, "paraprofessional" means an employee of a local or regional board of education
who does not possess a certificate issued by the State Board of Education and who serves
as an instructional assistant for such local or regional school board of education.
(1) "Equivalent" means qualifications reasonably comparable to those specifically
listed as required for certification;
(2) "Initial educator certificate" means a license to teach issued on or after July 1,
1989, to a person who has successfully met the preparation and eligibility requirements
specified by the State Board of Education for entrance into a beginning educator
program;
(3) "Beginning educator program" means the support and assessment program established by the State Board of Education for holders of initial educator certificates.
The program shall be designed to improve the quality of the first school years of teaching
and to determine whether holders of initial educator certificates have achieved the level
of competency, as defined by said board, to entitle them to provisional educator certificates;
(4) "Provisional teaching certificate" or "provisional certificate" means a license
to teach during the provisional certification period, issued prior to July 1, 1989, to a
person who meets in full the preparation requirements of the State Board of Education;
(5) "Provisional educator certificate" means a license to teach, issued on or after
July 1, 1989, to a person who (A) has successfully completed a beginning educator
program, if there is such a program for such person's certification endorsement area,
and not less than one school year of successful teaching in a public school, (B) has
completed at least three years of successful teaching in a public or nonpublic school
approved by the State Board of Education or appropriate governing body in another
state within ten years prior to application for such provisional educator certificate or (C)
has successfully taught with a provisional teaching certificate for the year immediately
preceding application for such provisional educator certificate as an employee of a local
or regional board of education or facility approved for special education by the State
Board of Education.
(6) "Standard teaching certificate" or "standard certificate" means a license to teach
issued prior to July 1, 1989, to one who has successfully completed no less than three
school years of satisfactory teaching experience and fulfilled other requirements while
holding a provisional certificate or its equivalent;
(7) "Professional educator certificate" means a license to teach issued on or after
July 1, 1989, initially to a person who has successfully completed not less than three
school years of teaching in a public school or nonpublic school approved by the State
Board of Education while holding a provisional educator or provisional teaching certificate and has successfully completed not fewer than thirty semester hours of credit beyond
a bachelor's degree. Said certificate shall be continued every five years after issuance
upon the successful completion of not less than ninety hours of continuing education,
in accordance with subsection (l) of section 10-145b, during each successive five-year
period. The successful completion of continuing education units shall only be required
for certified employees of local and regional boards of education;
(8) "Temporary ninety-day certificate" means a license to teach issued on or after
July 1, 1988, to a person upon the request of a local or regional board of education
pursuant to subsection (c) of section 10-145b. Each such certificate may be reissued
once upon the request of a local or regional board of education during the 1988-1989
school year and upon reissuance shall be effective until July 1, 1989. Any provision for
the reissuance of such certificate after said school year shall be pursuant to regulations
adopted by the State Board of Education;
(9) "One year" means one school year.
(P.A. 78-218, S. 96; P.A. 85-613, S. 96, 154; May Sp. Sess. P.A. 86-1, S. 20, 58; P.A. 87-499, S. 3, 4, 34; P.A. 88-273,
S. 1, 9; P.A. 90-325, S. 11, 32; P.A. 91-288, S. 2; P.A. 93-353, S. 14, 52.)
History: P.A. 85-613 made technical change, substituting reference to Sec. 10-158a for reference to Sec. 10-159a; May
Sp. Sess. P.A. 86-1 deleted the definition of "provisional certification period", added definitions for "initial educator
certificate", "beginning education program", "provisional educator certificate", "professional educator certificate", and
"temporary ninety-day certificate", and redefined "provisional teaching certificate" and "standard teaching certificate" to
state that they be issued prior to July 1, 1988, and added that the years of teaching experience for a standard teaching
certificate be school years; P.A. 87-499 redefined "professional educator certificate" in Subdiv. (7) to provide that a person
may have taught in an approved nonpublic school and to eliminate the requirement that the thirty semester hours be
"teaching-related" and redefined "temporary ninety-day certificate" in Subdiv. (8) by adding "on or after July 1, 1988"
and by referring to Sec. 10-145b rather than listing the requirements for the certificate; P.A. 88-273 substituted July 1,
1989, for July 1, 1988, as the date before which provisional and standard teaching certificates are issued and after which
initial, provisional and professional educator certificates are issued, added provisions re the reissuance of temporary ninety-
day certificates and made a technical change; P.A. 90-325 in Subdiv. (5) added Subpara. (c) re issuance of a provisional
educator certificate to persons who have taught with a provisional teaching certificate for the year immediately preceding
application for a provisional educator certificate; P.A. 91-288 in Subdiv. (7) substituted ninety hours of continuing education
for nine continuing education units; P.A. 93-353 amended Subdiv. (5) defining "provisional educator certificate" to clarify
that the requirement for passage of the beginning educator program only applies if such a program is available for the
person's certification endorsement area, effective July 1, 1993.
Cited. 210 C. 286, 289, 290.
Subdiv. (2):
Cited. 210 C. 286, 290.
Subdiv. (5):
Cited. 210 C. 286, 290, 291.
Subdiv. (7):
Cited. 210 C. 286, 290, 291.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) If the State Board of Education determines that a local or regional board of
education is not in compliance with any provision of sections 10-144o to 10-149, inclusive, and section 10-220a, the State Board of Education may require the local or regional
board of education to forfeit of the total sum which is paid to such board of education
from the State Treasury an amount to be determined by the State Board of Education,
which amount shall be not less than one thousand dollars nor more than ten thousand
dollars. The amount so forfeited shall be withheld from a grant payment, as determined
by the commissioner, during the fiscal year following the fiscal year in which noncompliance is determined pursuant to this subsection. Notwithstanding the penalty provision
of this section, the State Board of Education may waive such forfeiture if the board
determines that the failure of the local or regional board of education to comply with
such a provision was due to circumstances beyond its control.
(1949 Rev., S. 1432; 1961, P.A. 517, S. 116; 1971, P.A. 456, S. 5; P.A. 78-218, S. 93; May Sp. Sess. P.A. 86-1, S. 21,
58; P.A. 87-499, S. 5, 34; P.A. 89-137, S. 1, 14; P.A. 93-353, S. 49, 52.)
History: 1961 act added regional district; 1971 act added proviso for contracts with licensed drivers' schools; P.A. 78-
218 deleted reference to "supervising agents", substituted "local or regional board of education" for "town or regional
district" and made technical changes; May Sp. Sess. P.A. 86-1 required administrators to have state certificates, substituted
"employment" for "the opening of school" re dating of certificates and deleted provision that certificates in force July 1,
1935, are valid and renewable; P.A. 87-499 deleted principal and added special service staff member to list of persons to
whom the section applies and added that the certificate may be dated the first day of employment; P.A. 89-137 added Subsec.
(a) designation and new Subsec. (b) re forfeiture of funds by local and regional boards of education for noncompliance with
certain statutes; P.A. 93-353 amended Subsec. (a) to add the requirement that a substitute teacher hold a bachelor's degree
unless such requirement is waived, effective July 1, 1993; (Revisor's note: In 1997 references throughout the general
statutes to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s) Department" were replaced editorially by the Revisors
with "Commissioner of Motor Vehicles" or "Department of Motor Vehicles", as the case may be, for consistency with
customary statutory usage).
Cited. 96 C. 720. See note to section 10-22. Certificate to teach or as superintendent is not "appropriate" certificate for
principal or vice principal; certificate issued under old law continues valid even for new employee so far as it is appropriate
for position; "new" teacher includes one formerly employed who has definitely severed connection with the schools. 123
C. 515. Cited. 138 C. 280; 152 C. 151. Teacher employed without an appropriate state certificate is illegally employed
and cannot obtain tenure during this period. 167 C. 444. Cited. 177 C. 68, 73, 74. Cited. 200 C. 21, 22, 25, 26, 28−30.
Cited. 210 C. 286, 289, 295, 301. Cited. 221 C. 549, 568. Cited. 240 C. 119.
Cited. 5 CA 253, 266. Cited. 32 CA 6, 11.
Prevention of the issuance of a certificate by malicious or false representations is a legal wrong. 14 CS 28.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to successfully complete an intergroup relations component
of such a program which shall be developed with the participation of both sexes, and
persons of various ethnic, cultural and economic backgrounds. Such intergroup relations
program shall have the following objectives: (1) The imparting of an appreciation of
the contributions to American civilization of the various ethnic, cultural and economic
groups composing American society and an understanding of the life styles of such
groups; (2) the counteracting of biases, discrimination and prejudices; and (3) the assurance of respect for human diversity and personal rights. The State Board of Education,
the Board of Governors of Higher Education, the Commission on Human Rights and
Opportunities and the Permanent Commission on the Status of Women shall establish
a joint committee composed of members of the four agencies, which shall develop and
implement such programs in intergroup relations.
(c) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to complete a (1) health component of such a program, which
includes, but need not be limited to, human growth and development, nutrition, first
aid, disease prevention and community and consumer health, and (2) mental health
component of such a program, which includes, but need not be limited to, youth suicide,
child abuse and alcohol and drug abuse.
(d) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to complete a school violence prevention and conflict resolution component of such a program.
(e) On and after July 1, 1998, any candidate in a program of teacher preparation
leading to professional certification shall complete a computer and other information
technology skills component of such program, as applied to student learning and classroom instruction, communications and data management.
(1949 Rev., S. 1433; February, 1965, P.A. 140, S. 2; 1967, P.A. 555, S. 62; 1969, P.A. 753, S. 34; 1971, P.A. 370, S.
3; 1972, P.A. 204, S. 1, 2; P.A. 73-632, S. 1, 5; P.A. 74-331, S. 1, 7; P.A. 75-372, S. 3; P.A. 77-573, S. 24, 30; P.A. 78-
218, S. 94, 95, 212; P.A. 80-405, S. 3, 4; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; May Sp. Sess. P.A. 86-1, S. 22, 58;
P.A. 87-499, S. 6, 34; P.A. 89-168, S. 3; P.A. 94-221, S. 4; P.A. 95-259, S. 13, 32; P.A. 96-244, S. 52, 63.)
History: 1965 act required passing of hygiene examination for certification to teach grades above the fifth rather than
the third grade and included as part of hygiene knowledge the effects of alcohol and narcotics on personality development;
1967 act replaced "narcotics" with "controlled drugs"; 1969 act included in hygiene knowledge of the effects of nicotine
or tobacco and made provision for the necessary training of teachers and guidance personnel; 1971 act required passing
of hygiene examination for all certifications to teach not just for those above the fifth grade and included administrators in
training provision; 1972 act added Subsec. (a) defining "equivalency", "alternate" and "internship", made former provisions
Subsec. (b) and added provisions concerning internships for certification and equivalencies or alternates to present certification requirements; P.A. 73-632 deleted provisions added to Subsec. (b) in 1972, dropped provision allowing exemption
from hygiene examination, required passing of hygiene examination for supervisor's certificate as well as for teaching
certificate and referred to "drugs" rather than "controlled drugs", deleting specific effects and provision for training programs; P.A. 74-331 amended Subsec. (a) to extend applicability to entire chapter, to substitute "equivalent" for "equivalency", to delete definitions of "alternate" and "internship" and to add definitions of "provisional certification period",
"provisional teaching certificate", "standard teaching certificate" and "one year" and amended Subsec. (b) to reflect recognition of the two different types of certificates; Sec. 10-146 was transferred to Sec. 10-145a in 1975; P.A. 75-372 added
Subsec. (c) re intergroup relations programs; P.A. 77-573 replaced commission for higher education with board of higher
education; P.A. 78-218 deleted Subsec. (a), relettering remaining subsections accordingly, and amended Subsec. (b),
formerly (c), to delete references to July 1, 1977, and to July 1, 1976, and to delete reference to advisory board on state
certification of teachers as an agency involved in developing intergroup relations programs; P.A. 80-405 required development of intergroup programs with participation of both sexes and included permanent commission on the status of women
as an agency involved in developing such programs; P.A. 82-218 replaced board of higher education with board of governors
pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education"
to board of governors' title; May Sp. Sess. P.A. 86-1 in Subsec. (a) substituted "issue" for "grant", provided for certificates
to administer, added provisions re regulations re administrator and supervisor certificates, deleted requirement re examination in hygiene and the effects of nicotine or tobacco, alcohol and drugs; P.A. 87-499 in Subsec. (a) provided that the state
board of education may issue certificates to serve in positions requiring certification pursuant to regulations and that
regulations shall provide that qualifications to maintain any special service certificate incorporate continuing education
provisions; P.A. 89-168 added a new Subsec. (c) re the mental health component in a program of teacher preparation;
P.A. 94-221 added Subsec. (d) re school violence prevention and conflict resolution as component of teacher preparation
programs; P.A. 95-259 amended Subsec. (c) to add Subdiv. (1) re health component, effective July 6, 1995; P.A. 96-244
added Subsec. (e) requiring teacher candidate programs to provide training in computer and other information technology
skills, effective June 6, 1996.
See Sec. 10-19 re teaching of courses on effect of alcohol, nicotine or tobacco and drugs.
See Sec. 10-226f re coordinator of intergroup relations.
See Sec. 10-226g re intergroup relations training for teachers.
Cited. 138 C. 280; 152 C. 151.
Subsec. (a):
Cited. 210 C. 286, 289.
Subsec. (b):
Teacher's contract of employment over two five-year periods terminated on his failure to obtain the standard certificate.
Renewal of his employment thereafter was illegal. 167 C. 444.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) During the period of employment in a public school, a person holding an initial
educator certificate shall (1) be under the supervision of the superintendent of schools
or of a principal, administrator or supervisor designated by such superintendent who
shall regularly observe, guide and evaluate the performance of assigned duties by such
holder of an initial certificate, and (2) participate in a beginning educator program if
there is such a program for such person's certification endorsement area.
(c) (1) The State Board of Education, upon request of a local or regional board of
education, shall issue a temporary ninety-day certificate to any applicant in the certification endorsement areas of elementary education, middle grades education, secondary
academic subjects, special subjects or fields, special education and administration and
supervision when the following conditions are met:
(A) The employing agent of a board of education makes a written request for the
issuance of such certificate and attests to the existence of a special plan for supervision
of temporary ninety-day certificate holders;
(B) The applicant meets the following requirements, except as otherwise provided
in subparagraph (C) of this subdivision:
(i) Holds a bachelor's degree from an institution of higher education accredited by
the Board of Governors of Higher Education or regionally accredited with a major either
in or closely related to the certification endorsement area in which the requesting board
of education is placing the applicant or, in the case of secondary or special subject or
field endorsement area, possesses at least the minimum total number of semester hours
of credit required for the content area;
(ii) Has met the requirements pursuant to subsection (b) of section 10-145f;
(iii) Presents a written application on such forms as the Commissioner of Education
shall prescribe;
(iv) Has successfully completed a program of classroom management and instructional methodology approved by the State Board of Education and, within available
appropriations, provided under contract with an institution of higher education designated by the Department of Higher Education;
(v) Possesses an undergraduate college overall grade point average of at least "B"
or, if the applicant has completed at least twenty-four hours of graduate credit, possesses
a graduate grade point average of at least "B"; and
(vi) Presents supporting evidence of appropriate experience working with children; and
(C) The Commissioner of Education may waive the requirements of subparagraphs
(B)(v) or (B)(vi), or both, of this subdivision upon a showing of good cause.
(2) A person serving under a temporary ninety-day certificate shall participate in a
beginning support and assessment program pursuant to section 10-220a which is specifically designed by the state Department of Education for holders of temporary ninety-
day certificates.
(3) Notwithstanding the provisions of subsection (a) of this section to the contrary,
on and after July 1, 1989, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate, which shall be valid for three years, to
any person who has taught successfully while holding a temporary ninety-day certificate
and meets the requirements pursuant to regulations adopted pursuant to section 10-145d.
(d) On and after July 1, 1986, and prior to July 1, 1989, a person who has graduated
(1) from a four-year baccalaureate program of teacher education as approved by the
state board, or (2) from a four-year baccalaureate program approved by the state board
or from a college or university accredited by the Board of Governors of Higher Education
or regionally accredited, provided such person has taken such teacher training equivalents as the State Board of Education shall require and, unless such equivalents are taken
at institutions outside of this state, as the Board of Governors of Higher Education shall
accredit, shall be issued upon proper application a provisional teaching certificate by
the state board which shall be valid for up to ten years.
(e) In order to be eligible to obtain a provisional teaching certificate, a provisional
educator certificate or an initial educator certificate, each person shall be required to
complete a course of study in special education comprised of not fewer than thirty-six
hours, which shall include an understanding of the growth and development of exceptional children, including handicapped and gifted and talented children and children who
may require special education, and methods for identifying, planning for and working
effectively with special needs children in a regular classroom. Notwithstanding the provisions of this subsection to the contrary, each applicant for such certificates who has
met all requirements for certification except the completion of the course in special
education shall be entitled to a certificate (1) for a period not to exceed one year, provided
the applicant completed a teacher preparation program either in the state prior to July
1, 1987, or outside the state, or completed the necessary combination of professional
experience or coursework as required by the State Board of Education or (2) for a period
not to exceed two years if the applicant applies for certification in an area for which a
bachelor's degree is not required.
(f) During the period of employment, a person holding a provisional teaching certificate pursuant to subsection (d) of this section shall be under the direct supervision of
the superintendent of schools or of a principal, administrator or supervisor designated
by such superintendent who shall regularly observe, guide and evaluate the performance
of assigned duties by such holder of a provisional teaching certificate as well as cooperate
with and counsel such holder in accordance with the provisions of sections 10-145a to
10-145d, inclusive, and 10-146b.
(g) On and after July 1, 1989, the State Board of Education, upon receipt of a proper
application, shall issue a provisional educator certificate to any person who (1) has
successfully completed a beginning educator program and one school year of successful
teaching as attested to by the superintendent in whose local or regional school district
such person was employed, (2) has completed at least three years of successful teaching
in a public or nonpublic school approved by the State Board of Education or appropriate
governing body in another state within ten years prior to application for such provisional
educator certificate and has met preparation and eligibility requirements for an initial
educator certificate, (3) has taught successfully in public schools in this state for the
1988-1989 school year under a temporary emergency permit and has met the preparation
and eligibility requirements for an initial educator certificate or (4) has successfully
taught with a provisional teaching certificate for the year immediately preceding an
application for a provisional educator certificate as an employee of a local or regional
board of education or facility approved for special education by the State Board of
Education.
(h) Prior to July 1, 1989, to qualify for a standard certificate, a person who holds
or has held a provisional teaching certificate pursuant to subsection (d) of this section
shall have completed thirty credit hours of course work beyond the baccalaureate degree.
Such course work need not necessarily lead to a master's degree and may include graduate or undergraduate courses. It shall consist of (1) a planned program at an institution
of higher education accredited by the board of governors or regionally accredited or (2)
an individual program which is mutually determined or approved by the teacher and
the supervisory agent of the local or regional board of education or by the supervisory
agent of a nonpublic school approved by the State Board of Education and which is
designed to increase the ability of the teacher to improve student learning. Such an
individual program may include course work taken at one or more institutions for higher
education approved by the board of governors and may include in-service programs
sponsored by local or regional boards of education or nonpublic schools approved by
the State Board of Education. Such in-service programs shall have been approved by
the joint subcommittee of the Board of Governors of Higher Education and the State
Board of Education established pursuant to section 10-155b of the revision of 1958,
revised to January 1, 1983.
(i) Unless otherwise provided in regulations adopted under section 10-145d, in not
less than three years nor more than ten years after the issuance of a provisional teaching
certificate pursuant to subsection (d) of this section and upon the statement of the employing board of education or nonpublic school approved by the State Board of Education that the person who holds or has held a provisional certificate has a record of competency in the discharge of his or her duties during such provisional period, the state board,
upon receipt of a proper application, shall issue to a person who holds or has held a
provisional certificate, a standard teaching certificate prior to July 1, 1989, and a professional educator certificate on or after said date. A signed recommendation from the
superintendent of schools for the local or regional board of education or by the superintendent of a nonpublic school approved by the State Board of Education shall be evidence
of competency. Such recommendation shall state that the person who holds or has held
a provisional teaching certificate has successfully completed at least three school years
of satisfactory teaching for one or more local or regional boards of education or approved
nonpublic schools. Each applicant for a certificate pursuant to this subsection shall provide to the Department of Education, in such manner and form as prescribed by the
commissioner, evidence that the applicant has successfully completed coursework pursuant to subsection (h) or (j) of this section, as appropriate. Any person holding a standard
or permanent certificate on July 1, 1989, shall be eligible to receive upon application a
professional educator certificate to replace said standard or permanent certificate. On
and after July 1, 1989, standard and permanent certificates shall no longer be valid.
(j) On or after July 1, 1989, to qualify for a professional educator certificate, a person
who holds or has held a provisional educator certificate under subsection (g) of this
section shall have completed thirty credit hours of course work beyond the baccalaureate
degree. It is not necessary that such course work be taken for a master's degree and such
work may include graduate or undergraduate courses. Such course work shall consist
of (1) a planned program at an institution of higher education accredited by the board
of governors or regionally accredited and shall be related directly to the subject areas
or grade levels for which the person holds endorsement or shall be in an area or areas
related to the person's ability to provide instruction effectively or to meet locally determined goals and objectives or (2) an individual program which is mutually determined
or approved by the teacher and the supervisory agent of the local or regional board of
education or by the supervisory agent of a nonpublic school approved by the State Board
of Education. Such program shall be designed to increase the ability of the teacher to
improve student learning.
(k) Unless otherwise provided in regulations adopted under section 10-145d, in not
less than three years nor more than eight years after the issuance of a provisional educator
certificate pursuant to subsection (g) of this section and upon the statement of the superintendent in whose school district such certificate holder was employed, or the superintendent of a nonpublic school approved by the State Board of Education, in whose school
such certificate holder was employed, that the provisional educator certificate holder
and such superintendent have mutually determined or approved an individual program
pursuant to subdivision (2) of subsection (j) of this section and upon the statement of such
superintendent that such certificate holder has a record of competency in the discharge
of his duties during such provisional period, the state board upon receipt of a proper
application shall issue such certificate holder a professional educator certificate. A
signed recommendation from the superintendent of schools for the local or regional
board of education or from the superintendent of a nonpublic school approved by the
State Board of Education shall be evidence of competency. Such recommendation shall
state that the person who holds or has held a provisional educator certificate has successfully completed at least three school years of satisfactory teaching for one or more local
or regional boards of education or such nonpublic schools. Each applicant for a certificate
pursuant to this subsection shall provide to the Department of Education, in such manner
and form as prescribed by the commissioner, evidence that the applicant has successfully
completed coursework pursuant to subsection (h) or (j) of this section, as appropriate.
(l) (1) For certified employees of local and regional boards of education, except as
provided in this subdivision, each professional educator certificate shall be valid for
five years and continued every five years thereafter upon the successful completion of
professional development activities which shall consist of not less than ninety hours
of continuing education, as determined by the local or regional board of education in
accordance with this section, during each successive five-year period. (A) Such continuing education completed by certified employees with an early childhood nursery through
grade three or an elementary endorsement who hold a position requiring such an endorsement shall include at least fifteen hours of training in the teaching of reading and reading
readiness and assessment of reading performance, including methods of teaching language skills necessary for reading, reading comprehension skills, phonics and the structure of the English language during each five-year period. (B) Such continuing education
requirement completed by certified employees with elementary or middle grades endorsements who hold a position requiring such an endorsement shall include at least
fifteen hours of training in the use of computers in the classroom during each five-year
period. (C) Such continuing education completed by (i) the superintendent of schools,
and (ii) employees employed in positions requiring an intermediate administrator or
supervisory certificate, or the equivalent thereof, and whose administrative or supervisory duties equal at least fifty per cent of the assigned time of such employee, shall
include at least fifteen hours of training in the evaluation of teachers pursuant to section
10-151b during each five-year period. (D) In the case of certified employees with a
bilingual education endorsement who hold positions requiring such an endorsement (i)
in an elementary school and who do not hold an endorsement in elementary education,
such continuing education taken on or after July 1, 1999, shall only count toward the
ninety-hour requirement if it is in language arts, reading and mathematics, and (ii) in a
middle or secondary school and who do not hold an endorsement in the subject area
they teach, such continuing education taken on or after July 1, 1999, shall only count
toward the ninety-hour requirement if it is in such subject area or areas. During each
five-year period in which a professional educator certificate is valid, a holder of such
certificate who has not completed the ninety hours of continuing education required
pursuant to this subdivision, and who has not been employed while holding such certificate by a local or regional board of education for all or part of the five-year period, shall,
upon application, be reissued such certificate for five years minus any period of time
such holder was employed while holding such certificate by a local or regional board
of education, provided there shall be only one such reissuance during each five-year
period in which such certificate is valid. A certified employee of a local or regional
board of education who is a member of the General Assembly and who has not completed
the ninety hours of continuing education required pursuant to this subdivision for continuation of his certificate, upon application, shall be reissued a professional educator
certificate for a period of time equal to six months for each year he served in the General
Assembly during the previous five years. Continuing education hours completed during
the previous five years shall be applied toward such ninety-hour requirement which
shall be completed during the reissuance period in order for such employee to be eligible
to have his certificate continued. The cost of the professional development activities
required under this subsection for certified employees of local or regional boards of
education shall be shared by the state and local or regional boards of education, except
for those activities identified by the State Board of Education as the responsibility of
the certificate holder. Each local and regional board of education shall make available,
annually, at no cost to its certified employees not fewer than eighteen hours of professional development activities for continuing education credit. Such activities may be
made available by a board of education directly, through a regional educational service
center or cooperative arrangement with another board of education or through arrangements with any continuing education provider approved by the State Board of Education.
Local and regional boards of education shall grant continuing education credit for professional development activities which the certified employees of the board of education
are required to attend, professional development activities offered in accordance with
the plan developed pursuant to subsection (b) of section 10-220a, or professional development activities which the board may approve for any individual certified employee.
Each board of education shall determine the specific professional development activities
to be made available with the advice and assistance of the teachers employed by such
board, including representatives of the exclusive bargaining unit for such teachers pursuant to section 10-153b. The time and location for the provision of such activities shall
be in accordance with either an agreement between the board of education and the
exclusive bargaining unit pursuant to said section 10-153b or, in the absence of such
agreement or to the extent such agreement does not provide for the time and location
of all such activities, in accordance with a determination by the board of education.
(2) Each local and regional board of education shall attest to the state Department
of Education, in such form and at such time as the commissioner shall prescribe, that
professional development activities for which continuing education credit is granted by
the board: (A) Are planned in response to identified needs, (B) are provided by qualified
instructional personnel, as appropriate, (C) have the requirements for participation in
the activity shared with participants before the commencement of the activity, (D) are
evaluated in terms of its effectiveness and its contribution to the attainment of school
or district-wide goals, and (E) are documented in accordance with procedures established by the State Board of Education. At the end of each five-year period each professional educator shall attest to the state Department of Education, in such form and at such
time as the commissioner shall prescribe, that the professional educator has successfully
completed ninety hours of continuing education.
(3) In the event that the state Department of Education notifies the local or regional
board of education that the provisions of subdivision (2) of this subsection have not
been met and that specific corrective action is necessary, the local or regional board
of education shall take such corrective action immediately. The department shall not
invalidate continuing education credit awarded prior to such notice.
(m) The State Board of Education may revoke any certificate issued pursuant to
sections 10-144o to 10-149, inclusive, for any of the following reasons: (1) The holder
of the certificate obtained such certificate through fraud or misrepresentation of a material fact; (2) the holder has persistently neglected to perform the duties for which certification was granted; (3) the holder is professionally unfit to perform the duties for which
certification was granted; (4) the holder is convicted in a court of law of a crime involving
moral turpitude or of any other crime of such nature that in the opinion of the board
continued certification would impair the standing of certificates issued by the board; or
(5) other due and sufficient cause. The State Board of Education shall revoke any certificate issued pursuant to said sections if the holder is found to have intentionally disclosed
specific questions or answers to students or otherwise improperly breached the security
of any administration of a state-wide examination pursuant to section 10-14n. In any
revocation proceeding pursuant to this section, the State Board of Education shall have
the burden of establishing the reason for such revocation by a preponderance of the
evidence. Revocation shall be in accordance with procedures established by the State
Board of Education pursuant to chapter 54. When the Commissioner of Education is
notified, pursuant to section 17a-101i, that a person holding a certificate issued by the
State Board of Education under the provisions of sections 10-144o to 10-149, inclusive,
has been convicted of a crime involving an act of child abuse or a violation of section
53a-71 or section 53a-73a, any certificate issued by the State Board of Education and
held by such person shall be deemed revoked and the commissioner shall notify such
person of such revocation, provided such person may request reconsideration pursuant
to regulations adopted by the State Board of Education, in accordance with the provisions
of chapter 54. The State Board of Education may deny an application for certification
for any of the following reasons: (A) The applicant seeks to obtain a certificate through
fraud or misrepresentation of a material fact; (B) the applicant has been convicted in a
court of law of a crime involving moral turpitude or of any other crime of such nature
that in the opinion of the board issuance of a certificate would impair the standing of
certificates issued by the board; or (C) other due and sufficient cause. Any applicant
denied a certificate shall be notified in writing of the reasons for denial. Any applicant
denied a certificate may request a review of such denial by the State Board of Education.
(n) Within thirty days after receipt of notification, any initial educator certificate
holder who is not granted a provisional educator certificate, or any provisional certificate
holder who is not granted a standard certificate, or any provisional educator or provisional teaching certificate holder who is not granted a professional educator certificate,
or any professional educator certificate holder who is not granted a continuation, under
the provisions of sections 10-145a to 10-145d, inclusive, and 10-146b, may appeal to
the State Board of Education for reconsideration. Said board shall review the records
of the appropriate certification period, hold a hearing within sixty days if such hearing
is requested in writing and render a written decision within thirty days. Any teacher
aggrieved by the decision of said board may appeal therefrom in accordance with the
provisions of section 4-183 and such appeal shall be privileged with respect to assignment thereof.
(o) For the purposes of this section "supervisory agent" means the superintendent
of schools or the principal, administrator or supervisor designated by such superintendent to provide direct supervision to a provisional certificate holder.
(p) Upon application to the State Board of Education for the issuance of any certificate in accordance with this section and section 10-145d there shall be paid to the board
by or on behalf of the applicant a nonreturnable fee of one hundred dollars in the case
of an applicant for an initial educator certificate, two hundred dollars in the case of an
applicant for a provisional educator certificate and three hundred dollars in the case of
an applicant for a professional educator certificate, except that applicants for certificates
for teaching adult education programs mandated under subdivision (1) of subsection
(a) of section 10-69 shall pay a fee of fifty dollars; persons eligible for a certificate or
endorsement for which the fee is less than that applied for shall receive an appropriate
refund; persons not eligible for any certificate shall receive a refund of the application
fee minus fifty dollars; and persons holding standard or permanent certificates on July
1, 1989, who apply for professional certificates to replace the standard or permanent
certificates, shall not be required to pay such a fee. Upon application to the State Board
of Education for the issuance of a subject area endorsement there shall be paid to the
board by or on behalf of such applicant a nonreturnable fee of fifty dollars. With each
request for a duplicate copy of any such certificate or endorsement there shall be paid
to the board a nonreturnable fee of twenty-five dollars.
(P.A. 74-331, S. 2, 7; P.A. 76-373, S. 1, 2; 76-436, S. 470, 681; P.A. 77-573, S. 24, 30; 77-603, S. 8, 125; P.A. 78-218,
S. 97, 212; P.A. 82-218, S. 37, 46; P.A. 83-134, S. 1, 2; 83-587, S. 13, 96; P.A. 84-241, S. 2, 5; 84-298, S. 1, 2; May Sp.
Sess. P.A. 86-1, S. 23, 58; P.A. 87-499, S. 7, 34; P.A. 88-273, S. 2, 9; 88-360, S. 14−18, 63; P.A. 89-137, S. 2−5, 11, 12,
14; 89-251, S. 67, 203; P.A. 90-230, S. 78, 101; 90-325, S. 1, 14, 15; P.A. 91-208, S. 1, 11; 91-288, S. 1; May Sp. Sess.
P.A. 92-6, S. 1, 2, 117; P.A. 93-70, S. 1, 2; 93-353, S. 15−18, 52; P.A. 94-221, S. 20; P.A. 95-58, S. 1, 4; 95-259, S. 14,
32; P.A. 96-244, S. 11, 12, 63; 96-246, S. 15; P.A. 98-243, S. 15, 25; 98-252, S. 37, 44, 80; P.A. 99-211, S. 9, 10; P.A. 00-
220, S. 7, 43.)
History: P.A. 76-373 added Subsec. (g) re fees for teaching certificates; P.A. 76-436 amended Subsec. (e) to replace
court of common pleas with superior court and to specify county or judicial district of residence, effective July 1, 1978;
P.A. 77-573 substituted board of higher education for commission for higher education; P.A. 77-603 amended appeal
provisions in Subsec. (e) to provide that appeals be in accordance with Sec. 4-183; P.A. 78-218 substituted "local" for
"town" and "board of education" for "school district" throughout section, made reasons for revocation new Subsec. (e),
removing them from Subsec. (d), and relettered former Subsecs. (e) to (g) accordingly; P.A. 82-218 replaced board of
higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983;
P.A. 83-134 amended Subsec. (e) to clarify authority of board to revoke provisional certification; P.A. 83-587 made a
technical amendment to Subsec. (c), replacing board of higher education with board of governors; P.A. 84-241 added "of
higher education" to board of governors' title; P.A. 84-298 inserted new Subsec. (b) which requires candidates for certification to satisfactorily complete a course in special education and requires state board of education to report to the education
committee upon the adoption of certification regulations requiring completion of a special education course and relettered
subsequent Subsecs. accordingly; May Sp. Sess. P.A. 86-1 made provisions for initial educator, temporary ninety-day,
provisional educator and professional educator certificates; made standard and permanent certificates invalid after July 1,
1988; deleted description of what may be included in an individual program for a standard certificate and requirement re
final years prior to eligibility for a standard certificate, and made other technical changes; P.A. 87-499 in Subsec. (a)
delayed, from July 1, 1990, to July 1, 1992, the requirement that applicants for initial educator certificates have completed
a subject area major; in Subsec. (c) provided that the requirements re temporary ninety-day certificates and the issuance
of initial educator certificates to the holders of such temporary certificates be in regulation rather than in the subsection
that the temporary certificates not be issued until July 1, 1988; in Subsec. (e) clarified that the completion of a special
education course is a prerequisite to obtaining provisional teaching and initial educator certificates; in Subsec. (g) added
to the requirements for a provisional educator certificate that the person have met the requirements for an initial educator
certificate and that the person may have taught for at least one year in the state; in Subsec. (h) described what may be
included in an individual program; in Subsecs. (i) and (k) provided that other requirements may be provided in regulation;
in Subsec (k) added that the person may have taught in a nonpublic school; in Subsec. (p) provided exceptions to the fee
requirement; changed "holder" to "person who holds or has held" and made technical changes; P.A. 88-273 in Subsecs.
(a), (c), (g), (i) and (j) substituted July 1, 1989, for July 1, 1988, as the date after which initial, provisional and professional
educator certificates are issued; in Subsecs. (d), (h) and (i) substituted July 1, 1989, for July 1, 1988, as the date before
which provisional and standard teaching certificates are issued; in Subsec. (a) substituted July 1, 1993, for July 1, 1992,
as the date after which applicants for initial educator certificates shall have completed a subject area major; in Subsec. (c)
added Subdiv. descriptions and in new subdivision substituted a description of the conditions which must be met for the
issuance of a temporary ninety-day certificate for the provision that such a certificate be issued pursuant to regulations
and added new Subdiv. (2) re participation in a beginning support and assessment program; in Subsec. (l) added Subdiv.
designations and provided that continuing education units or their equivalent be determined by local or regional boards of
education rather than defined by the state board of education and that commencing July 1, 1989, local and regional boards
of education make not fewer than eighteen hours of professional development activities available at no cost and in accordance with the subsection; and in Subsec. (p) substituted July 1, 1989, for July 1, 1988; P.A. 88-360 in Subsec. (e) made
the requirements of the Subsec. apply to eligibility for a provisional educator certificate, specified that the required course
be a course of study comprised of not fewer than thirty-six hours and provided exceptions to the requirements of the
subsection, in Subdiv. (3) of Subsec. (g) substituted having taught "for the 1988-1989 school year under a temporary
emergency permit" for having taught "for a period of at least one year", in Subsec. (m) added provisions for the denial of
an application for certification, made Subsec. (p) apply upon applications for the issuance of any certificate in accordance
with Sec. 10-145d and added Subsec. (q) re the reissuance of provisional teaching and provisional educator certificates;
P.A. 89-137 in Subsec. (a) provided an exception to the requirement that initial educator certificates be valid for one year
of employment, in Subdiv. (3) of Subsec. (c) provided that an initial educator certificate issued to a person who has taught
while holding a temporary ninety-day certificate be valid for one and one-half years and be nonrenewable, in Subdiv. (2)
of Subsec. (e) made applicants who have not completed the course in special education and who held temporary ninety-
day certificates within one year of application for provisional educator or initial educator certificates eligible for certificates
for periods not to exceed two years, in Subsec. (i) provided that the statement of a record of competency may be from an
approved nonpublic school and that evidence of the completion of certain course work be provided to the department of
education by the applicant rather than by the employing board of education, in Subsec. (k) provided that the statement of
a record of competency may be from the superintendent of an approved nonpublic school, that there be a statement from
the superintendent that the certificate holder and the superintendent have mutually determined or approved an individual
program and that evidence of certain course work be provided to the department of education by the applicant rather than
by the superintendent and in Subsec. (m) expanded the types of certificates which the state board of education has the
authority to revoke to those issued pursuant to Secs. 10-144o to 10-149, inclusive, and made a technical change; P.A. 89-
251 increased fee for a certificate from fifteen dollars to eighteen dollars and for a duplicate from five dollars to six dollars;
P.A. 90-230 made a technical correction in Subsec. (k); P.A. 90-325 in Subsec. (a) provided that the board of governors
of higher education not have to accredit teacher training equivalents taken out of state, in Subdiv. (3) of Subsec. (c) deleted
provisions that the one and one-half years that an initial educator certificate issued pursuant to the subdivision is valid
begins on the date of issuance and that such a certificate be nonrenewable and in Subsec. (g) added Subdiv. (4) re issuance of
a provisional educator certificate to a person who has taught with a provisional teaching certificate for the year immediately
preceding an application for a provisional educator certificate; P.A. 91-208 in Subparagraph (B) (iv) of Subsec. (c) deleted
reference to program developed through institute for effective teaching and substituted reference to program provided
under contract with institution designated by higher education department; P.A. 91-288 in Subsec. (l) changed the requirement from nine continuing education units to ninety hours of continuing education, added the provisions concerning
members of the general assembly, added language requiring boards of education to grant credit for activities offered in
accordance with the plan developed pursuant to Sec. 10-220a or activities which the board approves for any individual
certified employee, added in Subdiv. (2) evaluation of activities in terms of contribution to school goals and provision for
each educator to attest to the state department of education that continuing education hours have been completed; May
Sp. Sess. P.A. 92-6 amended Subsec. (a) to provide for a certificate of eligibility and Subsec. (p) to establish specific fees
for certificate of eligibility, initial educator certificate, provisional educator certificate, professional educator certificate,
and to provide exceptions for applicants for certificates for teaching adult education programs and other exceptions and
provide a fee for issuance of a subject area endorsement; in 1993 obsolete references to "subsection (a) of section 10-146f"
in Subsecs. (f) and (n) were deleted editorially since Sec. 10-146f is repealed; P.A. 93-70 amended Subdiv. (1) of Subsec.
(l) to add the provision concerning reissuance of certificate for unemployed teachers who have not completed required
continuing education and made technical changes, effective May 10, 1993; P.A. 93-353 amended Subsec. (a) to remove
provision tying the validity and extension of the initial educator certificate to employment in a public school and made
technical changes, amended Subsec. (b) to clarify that participation in a beginning educator program is required only if
there is such a program for such person's certification endorsement area, amended Subdiv. (1) of Subsec. (c) to add the
certification endorsement areas of middle grades education and administration and supervision, and to remove obsolete
language and amended Subsec. (e) to delete the exception in Subdiv. (2) for applicants who hold a temporary ninety-day
certificate or held such certificate within one year of application for a provisional educator or initial educator certificate,
to remove a report to the general assembly on the adoption of regulations containing the provisions of Subsec. (c) and to
remove obsolete language, effective July 1, 1993; P.A. 94-221 amended Subsec. (m) to provide for the automatic revocation
of certificates issued by the State Board of Education for persons convicted of crimes involving child abuse or violations
of Sec. 53a-71 or 53a-73a, to require the commissioner to notify such persons of the revocation and to allow such persons
to request reconsideration; P.A. 95-58 amended Subsec. (l) to add requirement for superintendents and certain administrators to complete training in the evaluation of teachers, effective July 1, 1995; P.A. 95-259 amended Subsec. (m) to require the
revocation of any certificate if the holder intentionally discloses information on or breaches the security of the examination
pursuant to Sec. 10-14n, effective July 6, 1995; P.A. 96-244 amended Subsec. (a) to increase the period of validity for an
initial educator certificate from "one" to "two" years and amended Subsec. (c)(3) to increase the period of validity for an
initial educator certificate from "one and one-half" to "two" years, effective July 1, 1996; P.A. 96-246 amended Subsec.
(m) by changing reference to Subsec. (f) of Sec. 17a-101 to Sec. 17a-101i; P.A. 98-243 amended Subdiv. (1) of Subsec.
(l) to add new Subpara. (A) re requirement for training in the teaching of reading for certain certified employees and
redesignated existing Subparas. (A) and (B) as Subpara. (B) (i) and (B) (ii), effective July 1, 1998; P.A. 98-252 amended
Subsec. (a) to remove provision for the issuance of a certificate of eligibility, amended Subsec. (a) and Subdiv. (3) of
Subsec. (c) to make the initial educator certificate valid for three years instead of two years, amended Subdiv. (1) of Subsec.
(l) to add requirement for continuing education for certain employees to include at least fifteen hours of training in the use
of computers in the classroom, and amended Subsec. (p) by deleting provision re certificate of eligibility, effective July 1,
1998; P.A. 99-211 amended Subsec. (l)(l) to add Subpara. (D) re certified employees with bilingual education endorsements,
effective July 1, 1999; P.A. 00-220 amended Subsec. (m) to require the State Board of Education in any revocation
proceeding to establish the reason for the revocation by a preponderance of the evidence, effective July 1, 2000.
See Sec. 17a-101 re certification revocation upon conviction of a crime involving an act of child abuse.
Cited. 238 C. 1. Cited. 240 C. 119.
Subsec. (c):
Subdiv. (1) cited. 240 C. 119.
Subsec. (i):
Statute constitutional as applied to holding of standard or permanent certificates. 210 C. 286−288, 291, 293, 296,
301−303.
Subsec. (l):
Cited. 210 C. 286, 291. Subdiv. (1) cited. Id., 286, 291, 292.
Subsec. (m):
Cited. 210 C. 286, 290, 295, 297. Cited. 221 C. 549, 567.
Subdiv. (3) cited. 45 CA 476. Subdiv. (5) cited. Id.
Subsec. (n):
Cited. 210 C. 286, 292.
Subsec. (p):
Cited. 210 C. 286, 292.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 74-331, S. 3, 7; P.A. 93-353, S. 51, 52.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The State Board of Education shall, pursuant to chapter 54, adopt regulations
to provide standards for the certification of school business administrators. Such regulations shall make provision for certification requirements to be met by either (1) completion of prescribed courses of study or (2) such other experience as the state board shall
deem appropriate for the position of school business administrator. Any person serving
in the position of school business administrator on July 1, 1983, shall be considered as
having met all requirements for certification. The regulations shall also contain standards
to certify individuals who hold certification from a state other than Connecticut.
(c) Any individual certified as a school business administrator after July 1, 1983,
pursuant to regulations adopted by the State Board of Education in accordance with
the provisions of subsection (b) of this section shall not be deemed to be eligible for
membership in the teachers' retirement system solely by reason of such certification,
provided any such individual who holds a regular teacher's certificate issued by the
State Board of Education shall not be excluded from membership in said system.
(d) Any individual certified as a school business administrator pursuant to regulations adopted by the state board in accordance with the provisions of subsection (b) of
this section, shall not be deemed to be included in the definition of "teacher" in subdivision (2) of subsection (a) of section 10-151 solely by reason of such certification, provided any such individual who holds a regular teacher's certificate issued by the State
Board of Education and is employed as a teacher, principal, supervisor or school superintendent shall not be excluded from such definition.
(e) The State Board of Education shall adopt regulations, in accordance with chapter
54, to provide standards for the certification of computer science teachers. Such regulations shall make provision for certification requirements to be met by either (1) completion of prescribed courses of study, or (2) such other experience as the state board shall
deem appropriate.
(P.A. 74-331, S. 6, 7; P.A. 83-423, S. 1, 2; P.A. 84-255, S. 8, 21; May Sp. Sess. P.A. 86-1, S. 24, 58; P.A. 87-499, S.
8, 34; P.A. 89-237, S. 10, 11; P.A. 98-243, S. 14, 25; P.A. 00-187, S. 39, 75.)
History: P.A. 83-423 added Subsecs. (b) and (c) requiring state board to adopt regulations for the certification of school
business administrators specifying that eligibility for membership in the teachers' retirement system shall not be based
solely on such certification as a school business administrator; P.A. 84-255 added Subsec. (d) concerning applicability of
teacher tenure law to individuals certified as school business administrators; May Sp. Sess. P.A. 86-1 in Subsec. (a) added
Subdivs. (1) to (7), inclusive, re content of regulations; P.A. 87-499 in Subsec. (a) provided that the state board of education
adopt regulations re certificate definitions and testing for prospective teachers and that it may, by regulation, provide for
exceptions for specific certification endorsement areas; P.A. 89-237 in Subsec. (a) added new Subdiv. (8) requiring the
completion of a survey course in United States history in order to be eligible to obtain certain initial educator certificates;
in 1993 obsolete reference in Subsec. (a) to "subsection (a) of section 10-146f" was deleted editorially since Sec. 10-146f
is repealed; P.A. 98-243 amended Subsec. (a) to make a technical change in Subdiv. (8) and add new Subdiv. (9) re
requirement for comprehensive reading instruction course in order to be eligible to obtain certain initial educator certificates,
effective July 1, 1998; P.A. 00-187 added Subsec. (e) re certification of computer science teachers, effective July 1, 2000.
Cited. 240 C. 119.
Cited. 5 CA 253, 270.
Subsec. (a):
Cited. 210 C. 286, 289.
Subsec. (d):
Cited. 5 CA 253, 270.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 77-297; P.A. 78-18.)
History: P.A. 78-18 substituted "1977" for "1976".
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) (1) Except as otherwise provided in subsection (i) of section 10-145b, any person who does not hold a valid certificate pursuant to section 10-145b shall (A) achieve
satisfactory scores on all components, in one administration, or, on and after January 1,
1995, satisfactory scores on all components of the state reading, writing and mathematics
competency examination prescribed by and administered under the direction of the
board, or achieve a combined score of one thousand or more on a Scholastic Aptitude
Test administered on or before March 31, 1995, or a combined score of eleven hundred
or more on a Scholastic Aptitude Test administered on or after April 1, 1995, or an
equivalent score as determined by the board on a test deemed equivalent by the board,
provided, if the Scholastic Aptitude Test or the equivalent test is a non-English-language
version, the person shall demonstrate a satisfactory level of English proficiency as determined by the board on a test prescribed by the board, and (B) achieve a satisfactory
evaluation on the appropriate State Board of Education approved subject area assessment in order to be eligible for a certificate pursuant to said section unless such assessment has not been approved by the State Board of Education at the time of application,
in which case the applicant shall not be denied a certificate solely because of the lack
of an evaluation on such assessment.
(2) Any person applying for an additional certification endorsement shall achieve
a satisfactory evaluation on the appropriate State Board of Education approved subject
area assessment in order to be eligible for such additional endorsement, unless such
assessment has not been approved by the State Board of Education at the time of application, in which case the applicant shall not be denied the additional endorsement solely
because of the lack of an evaluation on such assessment. The State Board of Education
shall complete the development of such area assessments for all appropriate endorsements not later than December 1, 1990.
(3) (A) On and after July 1, 1992, any teacher who held a valid teaching certificate
but whose certificate lapsed and who had completed all requirements for the issuance
of a new certificate pursuant to section 10-145b, except for filing an application for such
certificate, prior to the date on which the lapse occurred, may file, within one year of
the date on which the lapse occurred, an application with the Commissioner of Education
for the issuance of such certificate. Upon the filing of such an application, the commissioner may grant such certificate and such certificate shall be retroactive to the date on
which the lapse occurred, provided the commissioner finds that the lapse of the certificate occurred as a result of a hardship or extenuating circumstances beyond the control
of the applicant. If such teacher has attained tenure and is reemployed by the same board
of education in any equivalent unfilled position for which the person is qualified as a
result of the issuance of a certificate pursuant to this subdivision, the lapse period shall
not constitute a break in employment for such person reemployed and shall be used for
the purpose of calculating continuous employment pursuant to section 10-151. If such
teacher has not attained tenure, the time unemployed due to the lapse of a certificate
shall not be counted toward tenure, except that if such teacher is reemployed by the
same board of education as a result of the issuance of a certificate pursuant to this
subdivision, such teacher may count the previous continuous employment immediately
prior to the lapse towards tenure. Using information provided by the Teachers' Retirement Board, the state Department of Education shall annually notify each local or regional board of education of the name of each teacher employed by such board of education whose provisional certificate will expire during the period of twelve months
following such notice. Upon receipt of such notice the superintendent of each local and
regional board of education shall notify each such teacher in writing, at such teacher's
last known address, that the teacher's provisional certificate will expire. (B) Notwithstanding the provisions of this subdivision to the contrary, for any teacher employed by
a local or regional board of education or on authorized leave from such a board of
education, during the 1987-1988 school year, (i) whose teaching certificate lapsed on
or after January 15, 1988, (ii) who successfully completed the competency examination
in accordance with the provisions of this section subsequent to the date on which the
lapse occurred, (iii) whose teaching certificate was reissued subsequent to the date on
which the lapse occurred and (iv) who was reemployed by the same board of education
during the 1988-1989 school year, such lapse period shall not constitute a break in
employment for such teacher and shall be used for the purpose of calculating continuous
employment pursuant to section 10-151.
(4) Notwithstanding the provisions of this subsection to the contrary, to be eligible
for a certificate to teach subjects for which a bachelor's degree is not required, any
applicant who is otherwise eligible for certification in such endorsement areas shall be
entitled to a certificate without having met the requirements of the competency examination and subject area assessment pursuant to this subsection for a period not to exceed two
years, except that for a certificate to teach skilled trades or trade-related or occupational
subjects, the commissioner may waive the requirement that the applicant take the competency examination. The commissioner may, upon the showing of good cause, extend
the certificate.
(c) Notwithstanding the provisions of this section and section 10-145b, the following persons shall be eligible for a nonrenewable temporary certificate: (1) A person who
has resided in a state other than Connecticut during the year immediately preceding
application for certification in Connecticut and meets the requirements for certification,
excluding successful completion of the competency examination and subject matter
assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in
a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or
university outside of the state and regionally accredited, and meets the requirements
for certification, excluding successful completion of the competency examination and
subject matter assessment and (3) a person hired by a charter school after July first in
any school year for a teaching position that school year, provided the person hired after
said date could reasonably be expected to complete the requirements prescribed in subparagraphs (B) and (C) of subdivision (1) of subsection (c) of section 10-145b, by the
commencement of the school year following the school year in which such person held
such temporary certificate. The nonrenewable temporary certificate shall be valid for
one year from the date it is issued. Any board of education employing a person who holds
a nonrenewable temporary certificate issued pursuant to the provisions of subdivision
(2) of this subsection shall provide a program to assist each such person who has not
successfully completed the competency examination by January fifteenth of the school
year in which such certificate was issued. Said program, developed in consultation with
the state Department of Education, shall include academic and classroom support service
components. Each such person who does not successfully complete said examination
by said January fifteenth shall participate in said program.
(d) Any person who is first issued a certificate valid after July 1, 1989, or who
is reissued a certificate after July 1, 1989, shall, except as otherwise provided in this
subsection, be required to achieve a satisfactory evaluation on a professional knowledge
clinical assessment within two years after commencing teaching in a public school in
order to retain the certificate. The commissioner (1) may waive the requirement that
such satisfactory evaluation on a professional knowledge clinical assessment be
achieved upon a determination that such assessment is not valid for the person's teaching
assignment or (2) upon a showing of good cause, may extend the time limit for the
assessment by one year. The requirement of a clinical assessment shall not apply to any
such person who has completed at least three years of successful teaching in a public
school or a nonpublic school approved by the appropriate state board of education during
the ten years immediately preceding the date of application or who successfully taught
with a provisional teaching certificate during the year immediately preceding an application for a provisional educator certificate as an employee of a local or regional board
of education or facility approved for special education by the State Board of Education.
Notwithstanding the provisions of this subsection to the contrary, the State Board of
Education may reissue an initial educator certificate to a person who held such certificate
and did not achieve a satisfactory evaluation on a professional knowledge clinical assessment provided the person submits evidence demonstrating significant intervening study
and experience, in accordance with standards established by the State Board of Education.
(e) The board shall, by regulation, set all fees to be charged to each person who
applies to take the State Board of Education administered competency examination, the
subject area assessment or the professional knowledge clinical assessment, which shall
be not less than seventy-five dollars for the competency examination and subject area
assessment for the elementary level. Notwithstanding the provisions of this section to
the contrary, the Commissioner of Education may waive any fee under this section due
to a candidate's inability to pay.
(P.A. 85-532, S. 1, 2; P.A. 86-147, S. 1, 2; P.A. 87-464, S. 5, 8; 87-499, S. 9, 10, 34; P.A. 88-273, S. 3, 4, 8, 9; 88-360,
S. 19−21, 63; P.A. 89-137, S. 6−8, 13, 14; 89-251, S. 68, 203; P.A. 90-325, S. 2−5, 32; May Sp. Sess. P.A. 92-6, S. 3, 117;
P.A. 93-353, S. 19, 34, 52; P.A. 94-245, S. 4, 46; P.A. 95-259, S. 15, 32; P.A. 96-214, S. 9; 96-244, S. 13, 57, 63.)
History: P.A. 86-147 in Subsec. (b) deleted reference to professional knowledge assessment, added testing requirements
for permanent and lapsed or revoked certificate holders and persons applying for additional certification endorsement and
set deadline for development of subject area assessment, added Subsec. (c) to provide for a nonrenewable temporary
certificate, added Subsec. (d) re professional knowledge clinical assessment, added Subsec. (e) which had been part of
Subsec. (b) and made other technical changes; P.A. 87-464 added Subdiv. and Subpara. designations in Subsec. (b) and
in Subsec. (c) provided for nonrenewable temporary certificates for graduates of out-of-state teacher preparation programs;
P.A. 87-499 in Subsec. (b) provided an exception to the testing requirements for applicants for certificates to teach skilled
trades and trade-related subjects and in Subsec. (d) deleted "provisional" and made the Subsec. apply to all certificate
holders, counted the ten years from the date of application rather than date of employment under provisional certificate,
substituted July for May and provided that the time limit for assessment may be extended by "one year" rather than by "not
more than one year"; P.A. 88-273 inserted new Subdiv. (3) of Subsec. (b) re standard certificates for and the reemployment of
holders of certain lapsed provisional certificates and re annual notification by state department of education of provisional
certificates which are to expire in the subsequent twelve months, and renumbered old Subdiv. (3) as Subdiv. (4), amended
Subsec. (c) to provide for the issuance of a nonrenewable temporary certificate pursuant to Subdiv. (2) for the 1988-1989
school year and in Subsec. (d) substituted July 1, 1989, for July 1, 1988; P.A. 88-360 in Subsec. (a) substituted "scores on all
components, in one administration of the" for "score on each component of any one" state reading, writing and mathematics
competency examination and made a technical change, in Subdiv. (1) of Subsec. (b) substituted "scores on all components,
in one administration, of the" for "score on each component of any one" state reading, writing and mathematics competency
examination and in Subdiv. (3) (now (4)) of Subsec. (b) substituted "subjects for which a bachelor's degree is not required"
for "skilled trades and trade-related subjects" and in Subsec. (e) substituted "all fees" for "a fee", specified that the competency examination be that administered by the state board of education, provided that the fees be at a level not to exceed
the administrative costs but need not be at a level to meet all such costs and added provisions re the competency examination
fee, registration fees and waivers of fees; P.A. 89-137 in Subdiv. (2) of Subsec. (b) substituted December 1, 1990, for May
1, 1990, as the date before which the state board of education shall complete the development of subject area assessments,
in Subdiv. (3) of Subsec. (b) added Subpara. (A) designation, deleted the provisions granting a standard certificate to
certain persons whose provisional certificates had lapsed and concerning the reemployment of such teachers and treatment
of the lapse period, specified the circumstances under which the commissioner of education may issue a new certificate
to a teacher whose certificate has lapsed, specified the circumstances under which the lapse period is not a break in
employment and is used for calculating continuous employment, required superintendents to notify teachers of the expiration of provisional certificates and added new Subpara. (B) re the granting of a provisional teaching certificate to certain
persons sixty-five years of age or older, in Subdiv. (4) of Subsec. (b) permitted the commissioner of education to waive the
competency examination requirement for applicants for certificates to teach skilled trades or trade-related or occupational
subjects, and in Subsec. (d) permitted the reissuance of an initial educator certificate to certain persons who did not achieve
a satisfactory evaluation on a professional knowledge clinical assessment; P.A. 89-251 set the fee for the competency
examination at not less than forty-eight dollars and increased the fee for retesting from ten dollars to twelve dollars; P.A.
90-325 in Subdiv. (1) of Subsec. (b) with an exception made the subdivision apply to any person who does not hold a valid
certificate and provided that a satisfactory evaluation on a subject area assessment not be required if the assessment has
not been approved by the state board of education, rather than if it has not been developed, in Subdiv. (2) of Subsec. (b)
provided that a satisfactory evaluation on a subject area assessment for eligibility for an additional endorsement not be
required if the assessment has not been approved by the state board of education, rather than if it has not been developed, in
Subsec. (c) removed the limitation that nonrenewable temporary certificates for graduates of out-of-state teacher preparation
programs be issued only for certain years and in Subsec. (d) added Subdiv. (1) to allow the commissioner of education to
waive the requirement of a satisfactory evaluation on a professional knowledge clinical assessment if the assessment is
not valid for the person's teaching assignment and provided that the requirement not apply to certain persons who taught
with provisional teaching certificates; May Sp. Sess. P.A. 92-6 amended Subsec. (e) to provide the fee shall be not less
than seventy-five dollars for competency examination and subject area assessment for the elementary level and to delete
references to board discretion regarding assessment of fees; P.A. 93-353 amended Subsec. (a) to add provisions concerning
the Scholastic Aptitude Test scores or those of an equivalent test and amended Subdiv. (3) of Subsec. (b) to make the
Subdiv. applicable on and after July 1, 1992, to remove the requirement that the teacher have held the certificate "while
employed by a local or regional board of education or a facility approved for special education by the state board of
education or on authorized leave from such a board of education or facility", to divide Subpara. (A) into (A) and (B) and
to delete the existing Subpara. (B) which was obsolete, effective July 1, 1993; P.A. 94-245 amended Subsecs. (a) and (b)
to provide that on and after January 1, 1995, satisfactory scores in all components of competency examinations need not
be achieved in one administration and to substitute an examination administered "under the direction of" the board for an
examination administered "by" the board, effective June 2, 1994; P.A. 95-259 amended Subsecs. (a) and (b) to apply the
existing requirements to tests administered on or before March 31, 1995, and to add new requirements for tests administered
after said date, also in Subsec. (b) added the provisions dealing with non-English versions and amended Subsec. (c) to
change the time frame for the validity of nonrenewable temporary certificates, effective July 6, 1995; P.A. 96-214 amended
Subsec. (c) to add Subdiv. (3) re person hired by a charter school after July first in any school year; P.A. 96-244 amended
Subsec. (c)(3) to change the eligibility requirement for the temporary certificate for persons hired by a charter school and
amended Subsec. (d) to extend the time for achievement of a satisfactory evaluation on a professional knowledge clinical
assessment from within "one" to "two" years and made a technical change, effective July 1, 1996.
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(P.A. 92-76, S. 2; P.A. 96-246, S. 16.)
History: P.A. 96-246 changed reference to Sec. 17a-101 to Secs. 17a-101b and 17a-101c.
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(b) On and after July 1, 2003, the State Board of Education shall require persons
seeking to become (1) elementary level bilingual education teachers to be certified in
elementary education and bilingual education and (2) secondary level bilingual education teachers to be certified in both the subject area they will teach and in bilingual
education. Such dual certification requirement may be met by earning a bachelor's degree in one field and meeting the requirements for an endorsement in the other field.
(c) On and after July 1, 2000, the State Board of Education shall require bilingual
education teachers holding provisional educator certificates to meet the requirements
of this subsection in order to qualify for a professional educator certificate to teach
bilingual education. (1) Such bilingual education teachers who teach on the elementary
level shall take fifteen credit hours in bilingual education and fifteen credit hours in
language arts, reading and mathematics. (2) Such bilingual education teachers who teach
on the middle or secondary level shall take fifteen credit hours in bilingual education
and fifteen credit hours in the subject matter that they teach. Such professional educator
certificate shall be valid for bilingual education and the grade level and content area of
preparation.
(P.A. 99-211, S. 4, 10.)
History: P.A. 99-211 effective July 1, 1999.
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(P.A. 00-220, S. 41, 43.)
History: P.A. 00-220 effective July 1, 2000.
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(1967, P.A. 560, S. 1−3; 1969, P.A. 376, S. 1; P.A. 77-573, S. 24, 30; 77-614, S. 609, 610.)
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(b) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Education may waive compliance with a provision of a statute or regulation
which establishes standards for the certification of teachers and which was revised effective July 1, 1989, provided the person requesting a waiver (1) submits a request for such
waiver to the commissioner not later than September 1, 1990, and (2) can demonstrate
that prior to July 1, 1989, he met the requirements of the statute or regulation in effect
on June 30, 1989, and that failure to qualify under such requirements was due solely to
the failure to make a timely filing of an application or documents, that such failure to
make a timely filing was a result of a hardship or extenuating circumstance beyond the
control of such person and that he filed the application and documents for the requested
certification not later than September 1, 1989.
(1969, P.A. 250, S. 1; P.A. 74-331, S. 4, 7; May Sp. Sess. P.A. 86-1, S. 25, 58; P.A. 87-499, S. 11, 34; P.A. 90-325, S.
6, 32.)
History: P.A. 74-331 replaced reference to period required by "regulation of the state board of education" with reference
to period required by Sec. 10-145b or 10-145c and required that person seeking extension have satisfactory record in order
to be granted one; May Sp. Sess. P.A. 86-1 deleted references to Secs. 10-145b and 10-145c when referring to period
required for completing the requirements for a standard certificate, made provisions of the section applicable to provisional
educator and professional educator certificate holders; P.A. 87-499 substituted "school district" for "municipality"; P.A.
90-325 added new Subsec. (b) re waiver of compliance with revised statutes and regulations and in Subsec. (a) provided
for the extension of time to complete requirements for or continuation of a professional educator certificate if the person
held a provisional teaching certificate or a professional educator certificate within one year of application for the extension
of time and provided that any lapse pursuant to the section not constitute a break in employment and be used for calculating
continuous employment.
Cited. 210 C. 286, 289, 292.
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2. The party states find that included in the large movement of population among
all sections of the nation are many qualified educational personnel who move for family
and other personal reasons but who are hindered in using their professional skill and
experience in their new locations. Variations from state to state in requirements for
qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally
prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin,
can increase the available educational resources. Participation in this compact can increase the availability of educational manpower.
Definitions
1. "Educational personnel" means persons who must meet requirements pursuant
to state law as a condition of employment in educational programs.
2. "Designated state official" means the education official of a state selected by
that state to negotiate and enter into, on behalf of his state, contracts pursuant to this
agreement.
3. "Accept", or any variant thereof, means to recognize and give effect to one or
more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required
by or pursuant to the laws of a receiving state.
4. "State" means a state, territory, or possession of the United States; the District
of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating state" means a state (and the subdivisions thereof, if any) whose
determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made
pursuant to Article III.
6. "Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.
Interstate Educational Personnel Contracts
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this agreement shall be for a term longer than five
years but any such contract may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational personnel on the basis of
their having completed an educational program shall specify the earliest date or dates
on which originating state approval of the program or programs involved can have
occurred. No contract made pursuant to this agreement shall require acceptance by a
receiving state of any persons qualified because of successful completion of a program
prior to January 1, 1954.
5. The certification or other acceptance of a person who has been accepted pursuant
to the terms of a contract shall not be revoked or otherwise impaired because the contract
has expired or been terminated. However, any certificate or other qualifying document
may be revoked or suspended on any ground which would be sufficient for revocation
or suspension of a certificate or other qualifying document initially granted or approved
in the receiving state.
6. A contract committee composed of the designated state officials of the contracting
states or their representatives shall keep the contract under continuous review, study
means of improving its administration, and report no less frequently than once a year
to the heads of the appropriate education agencies of the contracting states.
Approved and Accepted Programs
2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of
a program of educational preparation shall be in accordance with such procedures and
requirements as may be provided in the applicable contract.
Interstate Cooperation
1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement.
2. They will facilitate and strengthen cooperation in interstate certification and other
elements of educational personnel qualification and for this purpose shall cooperate with
agencies, organizations, and associations interested in certification and other elements of
educational personnel qualification.
Agreement Evaluation
Other Arrangements
Effect and Withdrawal
2. Any party state may withdraw from this agreement by enacting a statute repealing
the same, but no such withdrawal shall take effect until one year after the Governor of
the withdrawing state has given notice in writing of the withdrawal to the Governors of
all other party states.
3. No withdrawal shall relieve the withdrawing state of any obligation imposed
upon it by a contract to which it is a party. The duration of contracts and the methods
and conditions of withdrawal therefrom shall be those specified in their terms.
Construction and Severability
(1969, P.A. 269, S. 1.)
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(1969, P.A. 269, S. 2; P.A. 77-614, S. 302, 610.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979.
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(1969, P.A. 269, S. 3; P.A. 77-614, S. 302, 610.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979.
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(1971, P.A. 462, S. 1, 2; P.A. 74-331, S. 5, 7; P.A. 77-573, S. 24, 30; P.A. 78-218, S. 98; P.A. 82-218, S. 37, 46; P.A.
84-241, S. 2, 5; P.A. 88-360, S. 62, 63.)
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(1949 Rev., S. 1434, 1435; 1961, P.A. 517, S. 117; 1963, P.A. 196.)
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(1949 Rev., S. 1436; 1959, P.A. 411, S. 13; P.A. 82-218, S. 39, 46; P.A. 83-154, S. 1, 2; P.A. 85-236, S. 1, 2; P.A. 89-
137, S. 9, 14.)
History: 1959 act changed teachers colleges to state colleges and confined necessity to take instruction in physical
education at said colleges to those preparing to teach; P.A. 82-218 replaced "state colleges" with the "Connecticut State
University" pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 83-154 entirely replaced
previous provisions re qualifications necessary for teaching physical education with new provisions re qualifications of
coaches; P.A. 85-236 added Subsec. (b) authorizing issuance of temporary coaching permit and requiring current certificate
of training in first aid for all persons coaching in the public schools on and after August 1, 1985; P.A. 89-137 deleted
Subsec. (b) re issuance of temporary coaching permits and requirement that no person coach without a certificate of training
in first aid.
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(1949 Rev., S. 1437; 1963, P.A. 293, S. 1, 2; 1971, P.A. 44.)
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(1) The term "board of education" shall mean a local or regional board of education
or the board of trustees of an incorporated or endowed high school or academy approved
pursuant to section 10-34, which is located in this state;
(2) The term "teacher" shall include each certified professional employee below
the rank of superintendent employed by a board of education for at least ninety days in
a position requiring a certificate issued by the State Board of Education;
(3) The term "continuous employment" means that time during which the teacher is
employed without any break in employment as a teacher for the same board of education;
(4) The term "full-time employment" means a teacher's employment in a position
at a salary rate of fifty per cent or more of the salary rate of such teacher in such position
if such position were full-time;
(5) The term "part-time employment" means a teacher's employment in a position
at a salary rate of less than fifty per cent of the salary rate of such teacher in such position,
if such position were full-time;
(6) The term "tenure" means:
(A) The completion of thirty school months of full-time continuous employment
for the same board of education for teachers initially hired prior to July 1, 1996; and
forty such school months for teachers initially hired on or after said date provided the
superintendent offers the teacher a contract to return for the following school year. For
purposes of calculating continuous employment towards tenure, the following shall
apply: (i) For a teacher who has not attained tenure, two school months of part-time
continuous employment by such teacher shall equal one school month of full-time continuous employment except, for a teacher employed in a part-time position at a salary
rate of less than twenty-five per cent of the salary rate of a teacher in such position, if
such position were full-time, three school months of part-time continuous employment
shall equal one school month of full-time continuous employment; (ii) a teacher who
has not attained tenure shall not count layoff time towards tenure, except that if such
teacher is reemployed by the same board of education within five calendar years of the
layoff, such teacher may count the previous continuous employment immediately prior
to the layoff towards tenure; and (iii) a teacher who has not attained tenure shall not
count authorized leave time towards tenure if such time exceeds ninety student school
days in any one school year, provided only the student school days worked that year by
such teacher shall count towards tenure and shall be computed on the basis of eighteen
student school days or the greater fraction thereof equaling one school month.
(B) For a teacher who has attained tenure prior to layoff, tenure shall resume if such
teacher is reemployed by the same board of education within five calendar years of the
layoff.
(C) Except as provided in subparagraph (B) of this subdivision, any teacher who
has attained tenure with any one board of education and whose employment with such
board ends for any reason and who is reemployed by such board or is subsequently
employed by any other board, shall attain tenure after completion of twenty school
months of continuous employment. The provisions of this subparagraph shall not apply
if, (i) prior to completion of the twentieth school month following commencement of
employment by such board, such teacher has been notified in writing that his or her
contract will not be renewed for the following school year or (ii) for a period of five or
more calendar years immediately prior to such subsequent employment, such teacher
has not been employed by any board of education.
(7) The term "school month" means any calendar month other than July or August
in which a teacher is employed as a teacher at least one-half of the student school days.
(b) Any board of education may authorize the superintendent to employ teachers.
Any superintendent not authorized to employ teachers shall submit to the board of education nominations for teachers for each of the schools in the town or towns in such superintendent's jurisdiction and, from the persons so nominated, teachers may be employed.
Such board shall accept or reject such nominations within thirty-five days from their
submission. Any such board of education may request the superintendent to submit
multiple nominations of qualified candidates, if more than one candidate is available
for nomination, for any supervisory or administrative position, in which case the superintendent shall submit such a list and may place the candidates on such list in the order
in which such superintendent recommends such candidates. If such board rejects such
nominations, the superintendent shall submit to such board other nominations and such
board may employ teachers from the persons so nominated and shall accept or reject
such nominations within one month from their submission. Whenever a superintendent
offers a teacher who has not attained tenure a contract to return for another year of
employment, such offer shall be based on records of evaluations pursuant to subsection
(a) of section 10-151b. The contract of employment of a teacher shall be in writing.
(c) The contract of employment of a teacher who has not attained tenure may be
terminated at any time for any of the reasons enumerated in subdivisions (1) to (6),
inclusive, of subsection (d) of this section; otherwise the contract of such teacher shall
be continued into the next school year unless such teacher receives written notice by
April first in one school year that such contract will not be renewed for the following
year. Upon the teacher's written request, a notice of nonrenewal or termination shall be
supplemented within seven days after receipt of the request by a statement of the reason
or reasons for such nonrenewal or termination. Such teacher, upon written request filed
with the board of education within twenty days after the receipt of notice of termination,
or nonrenewal shall be entitled to a hearing, except as provided in this subsection, (A)
before the board, (B) if indicated in such request and if designated by the board, before
an impartial hearing panel established and conducted in accordance with the provisions
of subsection (d) of this section, or (C) if the parties mutually agree before a single
impartial hearing officer chosen by the teacher and the superintendent in accordance
with the provisions of subsection (d) of this section. Such hearing shall commence within
fifteen days after receipt of such request unless the parties mutually agree to an extension
not to exceed fifteen days. The impartial hearing panel or officer or a subcommittee of
the board of education, if the board of education designates a subcommittee of three or
more board members to conduct hearings, shall submit written findings and recommendations to the board for final disposition. The teacher shall have the right to appear with
counsel of the teacher's choice at the hearing. A teacher who has not attained tenure
shall not be entitled to a hearing concerning nonrenewal if the reason for such nonrenewal
is either elimination of position or loss of position to another teacher. The board of
education shall rescind a nonrenewal decision only if the board finds such decision to be
arbitrary and capricious. Any such teacher whose contract is terminated for the reasons
enumerated in subdivisions (3) and (4) of subsection (d) of this section shall have the
right to appeal in accordance with the provisions of subsection (f) of this section.
(d) The contract of employment of a teacher who has attained tenure shall be continued from school year to school year, except that it may be terminated at any time for
one or more of the following reasons: (1) Inefficiency or incompetence, provided, if a
teacher is notified on or after July 1, 2000, that termination is under consideration due
to incompetence, the determination of incompetence is based on evaluation of the teacher
using teacher evaluation guidelines established pursuant to section 10-151b; (2) insubordination against reasonable rules of the board of education; (3) moral misconduct; (4)
disability, as shown by competent medical evidence; (5) elimination of the position to
which the teacher was appointed or loss of a position to another teacher, if no other
position exists to which such teacher may be appointed if qualified, provided such
teacher, if qualified, shall be appointed to a position held by a teacher who has not
attained tenure, and provided further that determination of the individual contract or
contracts of employment to be terminated shall be made in accordance with either (A) a
provision for a layoff procedure agreed upon by the board of education and the exclusive
employees' representative organization or (B) in the absence of such agreement, a written policy of the board of education; or (6) other due and sufficient cause. Nothing in
this section or in any other section of the general statutes or of any special act shall
preclude a board of education from making an agreement with an exclusive bargaining
representative which contains a recall provision. Prior to terminating a contract, the
superintendent shall give the teacher concerned a written notice that termination of such
teacher's contract is under consideration and, upon written request filed by such teacher
with the superintendent, within seven days after receipt of such notice, shall within the
next succeeding seven days give such teacher a statement in writing of the reasons
therefor. Within twenty days after receipt of written notice by the superintendent that
contract termination is under consideration, such teacher may file with the local or
regional board of education a written request for a hearing. A board of education may
designate a subcommittee of three or more board members to conduct hearings and
submit written findings and recommendations to the board for final disposition in the
case of teachers whose contracts are terminated. Such hearing shall commence within
fifteen days after receipt of such request, unless the parties mutually agree to an extension, not to exceed fifteen days (A) before the board of education, or a subcommittee
of the board, (B) if indicated in such request or if designated by the board before an
impartial hearing panel or, (C) if the parties mutually agree, before a single impartial
hearing officer chosen by the teacher and the superintendent. If the parties are unable
to agree upon the choice of a hearing officer within five days after their decision to use
a hearing officer, the hearing shall be held before the board or panel, as the case may
be. The impartial hearing panel shall consist of three members appointed as follows:
The superintendent shall appoint one panel member, the teacher shall appoint one panel
member, and those two panel members shall choose a third, who shall serve as chairperson. If the two panel members are unable to agree upon the choice of a third panel
member within five days after the decision to use a hearing panel, the third panel member
shall be selected with the assistance of the American Arbitration Association using its
expedited selection process and in accordance with its rules for selection of a neutral
arbitrator in grievance arbitration. If the third panel member is not selected with the
assistance of such association within five days, the hearing shall be held before the board
of education or a subcommittee of the board. Within seventy-five days after receipt of
the request for a hearing, the impartial hearing panel, subcommittee of the board or
hearing officer, unless the parties mutually agree to an extension not to exceed fifteen
days, shall submit written findings and a recommendation to the board of education as
to the disposition of the charges against the teacher, and shall send a copy of such findings
and recommendation to the teacher. The board of education shall give the teacher concerned its written decision within fifteen days of receipt of the written recommendation
of the impartial hearing panel, subcommittee or hearing officer. Each party shall pay
the fee of the panel member selected by it and shall share equally the fee of the third
panel member or hearing officer and all other costs incidental to the hearing. If the
hearing is before the board of education, the board shall render its decision within fifteen
days after the close of such hearing, and shall send a copy of its decision to the teacher.
The hearing shall be public if the teacher so requests or the board, subcommittee, hearing
officer or panel so designates. The teacher concerned shall have the right to appear with
counsel at the hearing, whether public or private. A copy of a transcript of the proceedings of the hearing shall be furnished by the board of education, upon written request
by the teacher within fifteen days after the board's decision, provided the teacher shall
assume the cost of any such copy. Nothing herein contained shall deprive a board of
education or superintendent of the power to suspend a teacher from duty immediately
when serious misconduct is charged without prejudice to the rights of the teacher as
otherwise provided in this section.
(e) Any teacher aggrieved by the decision of a board of education after a hearing
as provided in subsection (d) of this section may appeal therefrom, within thirty days
of such decision, to the Superior Court. Such appeal shall be made returnable to said
court in the same manner as is prescribed for civil actions brought to said court. Any
such appeal shall be a privileged case to be heard by the court as soon after the return
day as is practicable. The board of education shall file with the court a copy of the
complete transcript of the proceedings of the hearing and the minutes of board of education meetings relating to such termination, including the vote of the board on the termination, together with such other documents, or certified copies thereof, as shall constitute
the record of the case. The court, upon such appeal, shall review the proceedings of such
hearing. The court, upon such appeal and hearing thereon, may affirm or reverse the
decision appealed from in accordance with subsection (j) of section 4-183. Costs shall
not be allowed against the board of education unless it appears to the court that it acted
with gross negligence or in bad faith or with malice in making the decision appealed
from.
(1949 Rev., S. 1438; 1949, 1955, S. 938d; 1959, P.A. 625; 1961, P.A. 480; 556; February, 1965, P.A. 278; 1969, P.A.
532; 1971, P.A. 61; P.A. 73-456, S. 1, 2; P.A. 74-278, S. 3, 5; P.A. 75-435; 75-615; P.A. 76-436, S. 297, 681; P.A. 78-
218, S. 99; 78-280, S. 1, 127; P.A. 79-90; 79-504, S. 1, 4; P.A. 80-354, S. 1−3; P.A. 81-216, S. 1, 2; P.A. 82-257; P.A. 83-
398, S. 1, 2; P.A. 85-230; 85-343, S. 1, 2, 5; P.A. 86-22, S. 1, 2; P.A. 95-58, S. 2, 4; P.A. 97-247, S. 25, 27; P.A. 00-13,
S. 1, 2.)
History: 1959 act added Subsec. (e); 1961 acts amended Subsec. (a) by providing for the supplying of a statement of
the reasons for failure to renew the contract upon request, amended Subsec. (b) to provide for giving copy of transcript to
teacher and added first proviso to Subsec. (e); 1965 act added Subsec. (f) re appeals to court of common pleas; 1969 act
included in Subsec. (a) provisions for filling supervisory or administrative positions; 1971 act amended Subsec. (a) to
require that board accept or reject nominations within thirty-five days rather than within one month; P.A. 73-456 inserted
new Subsec. (c) re teacher evaluations, relettering following subsections accordingly and deleted reference to supervising
agents in Subsec. (d), formerly (c); P.A. 74-278 deleted Subsec. (c), relettering following subsections accordingly; P.A.
75-435 included in provisions of Subsec. (e) teachers who leave employment and are subsequently rehired in the same
municipality or school district; P.A. 75-615 amended section to include provisions concerning hearings before impartial
hearing panels; P.A. 76-436 amended Subsec. (f) to substitute superior court for court of common pleas, effective July 1,
1978; P.A. 78-218 made technical changes; P.A. 78-280 deleted reference to counties in Subsec. (f); P.A. 79-90 amended
Subsec. (a) to delete provision which had forbidden court appeal from decisions of impartial panel and clarified circumstances in which teachers whose contracts have been terminated may appeal; P.A. 79-504 extended provisions of section
to include certified professional employees of incorporated or endowed high schools; P.A. 80-354 clarified application of
provisions to professional employees of incorporated or endowed high schools by requiring them to choose coverage in
Subsec. (a) and amended Subdiv. (5) of Subsec. (b) re loss of position to another teacher and clarified provisions concerning
layoffs and added to Subsec. (b) general proviso re agreements with bargaining representatives; P.A. 81-216 amended
Subsec. (c) to define "continuous employment" and "part-time employment" for purposes of clarifying the provisions of
the teacher fair dismissal law; P.A. 82-257 amended Subsec. (c) to require that authorized leave time be treated in the same
manner as layoff time for purposes of computing continuous employment where previously authorized leave was entirely
excluded in computations; P.A. 83-398 made the following changes: (1) Former Subsec. (c) containing definitions became
Subsec. (a) adding definitions of "board of education", "full-time employment", "tenure" and "school month" and redefining "part-time employment"; (2) former Subsec. (a) relettered as Subsec. (b) and limited to employment of teachers; (3)
termination of contract of employment previously contained in former Subsec. (a) moved to Subsec. (c) for teachers who
have not attained tenure and Subsec. (d) for tenured teachers; and (4) former Subsec. (e) repealed concerning employment
and termination of contracts for tenured teachers, effective July 1, 1983, provided provisions of P.A. 83-398 shall not apply
to layoff, nonrenewal or termination proceedings initiated prior to that date; P.A. 85-230 amended Subsec. (d) to provide
for hearing before a single impartial hearing officer if both parties agree; P.A. 85-343 amended Subsecs. (c) and (d) to
allow the board to designate a subcommittee to conduct hearings and submit written findings and recommendations to the
board for final disposition in certain teacher termination cases and made technical changes; P.A. 86-22 required that findings
be submitted within ninety days after receipt of the request for a hearing rather than within fifteen days after the close of
the hearing in Subsec. (d); P.A. 95-58 amended Subsec. (a)(2) to add employment "for at least ninety days", Subsec.
(a)(6)(A) to apply the thirty school months to teachers hired prior to July 1, 1996, and to require teachers hired after said
date to be employed for forty school months provided the superintendent offers the teacher a contract to return for the
following school year, Subsec. (a)(6)(C) to change "sixteen" to "twenty" school months for the attainment of tenure by
teachers who previously attained tenure with the same or a different board of education, Subsec. (b) to require the superintendent to base the offer of a contract to return on the records of evaluations, Subsec. (c) to allow a terminated teacher to
request and receive a statement of the reason for such termination, to remove provision for hearings for nonrenewal, to
add alternative for a hearing before an impartial hearing officer, to limit extensions for the commencement of hearings to
fifteen days, to require the submission of written findings and recommendations to the board of education in all cases not
just in the case of teachers whose contracts are terminated for the reasons stated in Subdiv. (5) of Subsec. (d), to remove
the right to an appeal for teachers terminated for the reasons enumerated in Subdivs. (1) and (2) of Subsec. (d), Subsec.
(d) to replace board of education with superintendent re notice to teachers that termination is under consideration and
provision of statements in writing of the reasons upon request, to allow boards of education to designate subcommittees
to conduct hearings in all cases not just terminations for the reasons stated in Subdiv. (5), to limit extensions to fifteen
days, to substitute agreement by the teacher and superintendent for "both parties" re hearings before single impartial hearing
officers, to substitute superintendent for board of education re appointment of panels, to add provision for appointment of
third panel member with the assistance of the American Arbitration Association, to reduce the time for the submission of
findings from ninety to seventy-five days, to specify that the Subsec. does not limit the right of a superintendent to suspend
a teacher and to make technical changes, deleted former Subsec. (e) specifying that the provisions of a special act regarding
the dismissal or employment of teachers prevail over the provisions of the section in the event of conflict and relettered
Subsecs., and amended newly designated Subsec. (e), formerly Subsec. (f), to require submission of the minutes of board
of education meetings relating to the termination, including the vote of the board on termination, removed language allowing
parties to the appeal to introduce evidence and added requirement that the court affirm or reverse the decision appealed
from in accordance with Subsec. (j) of Sec. 4-183, effective July 1, 1995; P.A. 97-247 amended Subsec. (c) to provide for
a hearing for nonrenewal unless the contract of a teacher who has not attained tenure is not renewed due to elimination of
the position or loss of position to another teacher and to provide that the board of education rescind a nonrenewal decision
only if the board finds such decision to be arbitrary and capricious, effective July 1, 1997; P.A. 00-13 amended Subsec.(d)
to add requirement for the determination of incompetence to be based on evaluations, effective July 1, 2000.
See Sec. 5-242 re appointment and tenure of teachers in state institution schools.
See Sec. 17a-101 re suspension when child abused by a certified public school employee in a position requiring a
certificate.
Cited. 138 C. 280; 152 C. 148, 150, 151; id., 568. Section says nothing about form of notice. 165 C. 671, 674. Cited.
170 C. 36, 39, 42. Cited. 174 C. 366, 368. Cited. 175 C. 445−449, 451, 452; 176 C. 466, 468. Judicial review of decisions
of boards of education can be had only as authorized by this section. 176 C. 630, 635, 638. Cited. 177 C. 572, 574, 575.
Teacher Tenure Act (Sec. 10-151 et seq.) not applicable to reassignments of administrators. 180 C. 66, 68. Cited. 182 C.
93, 100. Cited. 187 C. 94, 97, 99, 100. Cited. 189 C. 585, 589. Cited. 196 C. 647, 649, 651, 654. Cited. 198 C. 229, 232−
235, 238, 240, 241. Doctrine of exhaustion of administrative remedies discussed; judgment of appellate court reversed in
part. 199 C. 70, 77, 78, 84, 87. Cited. Id., 231, 233, 241. Cited. 200 C. 21. Cited. 206 C. 113, 115−118, 120, 121. Cited.
226 C. 475, 480. Cited. Id., 704, 720, 730. Cited. 227 C. 333, 335, 342, 344, 355, 356. Cited. 231 C. 308, 310. Teacher
Tenure Act cited. Id. Cited. 240 C. 119. Teacher Tenure Act cited. Id.
Cited. 3 CA 630, 632. Full trial-type evidentiary hearing held before impartial hearing panel pursuant to this section
fulfills the right to due process. 4 CA 1, 3, 6. Cited. 5 CA 253, 255, 257, 261, 263, 265−272, 276. Tenure act cited. Id.
Cited. 8 CA 508, 509. Cited. 9 CA 260, 268. Cited. 20 CA 231, 233. Cited. 31 CA 690, 694. Cited. 32 CA 395, 397−400.
Teacher Tenure Act cited. Id. Cited. 33 CA 78, 80. Determination of voluntariness is prior to and thus outside the scope
of a hearing pursuant to this section. 36 CA 282−285, 295, 296. Cited. 42 CA 480. Teacher Tenure Act cited. Id. Cited.
44 CA 179. Cited. Id., 677. Teacher Tenure Act cited. Id. "Act" cited. Id. Plaintiff would need to follow provisions of
section only after initial determination was made that her resignation was involuntary. 53 CA 252.
Cited. 9 CS 442. Injunction does not lie to prevent impending breach of contract. 12 CS 174. Board of education has
broad powers in superintendence of school affairs. 14 CS 280. Cited. 35 CS 55, 57, 58.
Subsec. (a):
Cited. 166 C. 189; 170 C. 43−45. Cited. 175 C. 445, 447, 449, 451. Cited. 178 C. 618, 619, 622, 625; 180 C. 96, 98.
Cited. 189 C. 585, 587, 589. Cited. 195 C. 174−176, 181. Subdiv. (6)(A) cited. 232 C. 198, 200. Cited. 240 C. 119. Subdiv.
(6)(A) cited. Id.
Subdiv. (2) cited. 5 CA 253, 260, 269, 271, 276. Subdiv. (6)(A) cited. 33 CA 78, 80. Cited. 42 CA 480. Subdiv. (6)(C)
cited. Id. Subdiv. (6)(C)(i) cited. Id. Subdiv. (6)(C)(ii) cited. Id. Subdiv. (7) cited. Id.
To fulfill the intent and purpose of this subsection, a local board of education must exercise a sound and reasonable
discretion in making decisions to renew or not renew the contracts of nontenured teachers. 26 CS 104.
Subsec. (b):
See also notes to Subsec. (d). Language of this subsection clearly concerned with defining grounds for discharge of a
teacher. 152 C. 150. Cited. 166 C. 189. Hearing re termination of teacher's contract held a "contested case" in the meaning
of section 4-166(2). 167 C. 368. Teacher employed who does not have appropriate state certificate is illegally employed
and not entitled to benefits of this section. 167 C. 444. Cited. 168 C. 435. Cited. 171 C. 691, 698; 173 C. 462, 471; 174 C.
414, 416, 417. Subdiv. (5) cited. 174 C. 522, 529. Cited. 174 C. 522, 524, 529; 175 C. 445, 449. Absence of prior board
authorization for teacher tenure hearing and failure to advise of right to legal representation deemed not prejudicial given
all the circumstances involved. 176 C. 466, 470, 471, 472. Cited. 176 C. 630, 634. Subdivs. (1) through (5) cited. 177 C.
572, 575, 577. Subdiv. (2): Violation of terms of a decision of board is not violation of "reasonable rules" under subsection.
Id., 572, 575−577, 579. Subdiv. (6): Insubordination in and of itself constitutes other due and sufficient cause for termination
of contract and is valid statutory basis for dismissal, however dismissal under facts of case determined to be excessive
punishment, an abuse of discretion. Id., 572, 575−579. Cited. 178 C. 618−620, 622, 623, 625. Subdiv. (5): Where his
position is eliminated board not required to assign tenured teacher to comparable position held by nontenured teacher,
only required to assign to a vacant position; Dissent: Such tenured teacher should have rights superior to nontenured teacher
in comparable position. Id., 618−621, 625. Cited. 179 C. 428, 429. Subdiv. (6) cited. Id., 428−430. Cited. 180 C. 66, 68,
69. A teacher discharged for cause under statute is entitled, as a matter of constitutional law to a written statement of
decision reached, the reasons for the determination and a fair summary of evidence relied on. 181 C. 69, 70, 72, 76, 79,
80. Cited. Id., 69, 76, 77. Cited. 187 C. 94, 96. Board of education may not terminate a teacher's contract unless the board
first notifies the teacher that such action is under consideration. 189 C. 585, 589. Subdiv. (6) cited. 190 C. 748−750, 754.
Cited. 196 C. 647, 650. Cited. 198 C. 229, 232, 234, 237, 240.
Cited. 3 CA 630, 631. Cited. 4 CA 87, 88, 90. Cited. 5 CA 253, 256, 276. Cited. 8 CA 508, 510.
Cited. 26 CS 107, 108. A plaintiff working under temporary emergency teaching certificate does not meet technical
requirements of tenure defined by this subsection. Tenure is statutory not contractual. 32 CS 264, 270. Cited. 34 CS 115,
116, 118−121, 126. Subdiv. (5): Policy decision by board of education to eliminate a teaching position may not be challenged
by teacher at hearing. 34 CS 115, 126. Cited. 35 CS 55, 58. Subdiv. (5) violated where school board terminated plaintiff
tenured teacher's employment while nontenured teacher had the same position in school system. Section encompasses
entire school system and is not limited to school classifications created by the school board. Board's staff reduction policy
prohibiting "bumping" between levels of organizational classifications absolutely at variance with statute. 35 CS 55, 58, 59.
Subsec. (c):
Cited. 176 C. 630, 634. Cited. 180 C. 96, 98. Cited. 210 C. 286, 300.
Cited. 5 CA 253, 276. Cited. 20 CA 231, 234. Cited. 42 CA 480.
Subsec. (d):
Cited. 175 C. 445, 448, 450, 452. Cited. 180 C. 66, 70. Cited. 182 C. 93, 101. Cited. 187 C. 94, 99. Former Subsec. (b)
cited. 199 C. 70, 72, 74−76, 80, 82−84, 86, 87. Former Subsec. (b): Judgment of appellate court in Theodore LaCroix v.
Board of Education of the City of Bridgeport, 2 CA 36 et seq., reversed in part and case remanded with direction that
judgment of trial court be reinstated. Id. Former Subsec. (b) cited. Id., 231, 232, 234, 241, 242. Former Subsec. (b): Judgment
of appellate court in Mary Petrowski v. Norwich Free Academy, 2 CA 551, 553, 558 reversed and case remanded with
direction to reinstate the judgment of the trial court. Id. Former Subsec. (b) cited. 200 C. 21−23, 25, 27, 30. Cited. Id., 376,
378−380, 384, 385. Cited. 206 C. 113, 120. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (4)
cited. Id. Subdiv. (5) cited. Id. Subdiv. (6) cited. Id. Cited. 210 C. 286, 300. Cited. 216 C. 541, 543, 545, 547, 553, 556,
561, 562. Cited. 226 C. 704, 707, 708, 711, 721, 727, 728, 731. Subdiv. (5) cited. Id., 704, 709, 726, 727. Subdiv. (6) (B)
cited. Id., 704, 711. Subdiv. (5) cited. 232 C. 198, 199, 203, 215. Cited. Id., 198, 204, 215. Cited. 240 C. 119. Subdiv. (1)
cited. Id. Subdiv. (5) cited. Id. Purpose of subsec. is reciprocal: to provide framework for termination of tenured teacher's
contract while protecting teacher's right to due process of law. Teacher not required to exhaust administrative remedies
if such recourse is futile or inadequate. 246 C. 456.
Former Subsec. (b): A board of education may not terminate a teacher's contract unless the teacher is first notified by
the board that such action is "under consideration." 2 CA 36, 39−42; judgment reversed in part, see 199 C. 70 et seq.
Former Subsec. (b) cited. 2 CA 551, 553, 558; judgment reversed, see 199 C. 231 et seq. Cited. 4 CA 87. Subdiv. (1) cited.
Id., 464, 465. Subdiv. (6) cited. Id. Subdiv. (5) cited. 5 CA 253, 269. Subdiv. (5)(A) cited. Id. Cited. 8 CA 508, 510. Cited.
31 CA 690, 694. Subdiv. (5) cited. 32 CA 6, 7, 10, 11. Cited. Id., 6, 8, 12. Subdiv. (5)(A) cited. Id., 6, 11. Subdiv. (5) cited.
Id., 395, 397. Cited. 33 CA 78, 80, 82. Subdiv. (5) cited. Id., 78, 82, 84, 86. Cited. 42 CA 480. Cited. 44 CA 179. Subdiv.
(5) cited. Id. Cited. Id., 677.
Subsec. (e):
Cited. 240 C. 119.
Subsec. (f):
Right of appeal provided by this subsection applies only to tenured teachers. 166 C. 189, 195. Cited. 174 C. 414, 415,
419. Cited. 176 C. 466, 467, 474; id., 630, 631, 633, 634. Cited. 178 C. 618, 620; 179 C. 428, 430; 180 C. 66, 68, 69; 181
C. 69, 76, 81. Cited. 190 C. 748, 754. Cited. 196 C. 647, 648, 650, 653. Cited. 198 C. 229, 231, 243. Cited. 199 C. 70, 74−
79, 82−84. Cited. Id. Judgment of appellate court in Theodore LaCroix v. Board of Education of the City of Bridgeport, 2
CA 36 et seq., reversed in part and case remanded with direction that judgment of the trial court be reinstated. Id. Cited.
200 C. 21−23, 25, 27. Cited. 206 C. 113, 120, 121. Cited. 216 C. 541, 542, 555. Cited. 226 C. 704, 706, 712, 713, 728,
730. Cited. 232 C. 198, 205, 206. Cited. 240 C. 119.
Cited. 2 CA 36, 39; judgment reversed in part, see 199 C. 70 et seq. Cited. 3 CA 630, 631. An appeal may be taken
only from a decision to terminate a contract of employment; there is no right to appeal from suspension of employment.
4 CA 87, 90−92. Cited. 31 CA 690, 693. Cited. 32 CA 6, 9, 10. Cited. Id., 395, 396. Cited. 33 CA 78, 84. Cited. 42 CA
480. Cited. 44 CA 179. Cited. Id., 677. P.A. 95-58 cited. Id.
Sufficiency of board's termination hearing and its proposed findings and conclusion discussed; appeal dismissed. 45
CS 171.
Subsec. (g):
Right of appeal is granted by this section only to tenured teachers. 167 C. 444.
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(1967, P.A. 464; P.A. 73-345; P.A. 78-218, S. 100.)
History: P.A. 73-345 required provision of copies of records and reports in personnel file upon request; P.A. 78-218
substituted "local" for "town" board of education and made technical changes.
Cited. 174 C. 366, 367.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Each local and regional board of education shall develop and implement teacher
evaluation programs consistent with guidelines established by the State Board of Education and consistent with the plan developed in accordance with the provisions of subsection (b) of section 10-220a.
(P.A. 74-278, S. 1, 2, 5; P.A. 77-27, S. 3; P.A. 78-218, S. 101; P.A. 82-74, S. 1, 2; P.A. 87-2, S. 12, 21; P.A. 89-26, S.
1, 4; P.A. 90-324, S. 7, 13; P.A. 91-220, S. 3, 8; P.A. 93-353, S. 30, 52; P.A. 95-58, S. 3, 4; 95-182, S. 3, 11; P.A. 00-220,
S. 8, 43.)
History: P.A. 77-27 amended Subsec. (b) to make provisions generally applicable rather than specific to January 1,
1975, report; P.A. 78-218 substituted "local" for "town" and "board of education" for "school district"; P.A. 82-74 amended
Subsec. (b) to require boards of education to file triennial rather than annual reports on teacher evaluation programs; P.A.
87-2 amended Subsec. (a) to require a review of the guidelines and in Subsec. (b) substituted the fifteenth of June, 1989,
for January first of 1983 and provided for monitoring teacher evaluation programs by the department of education; P.A.
89-26 amended the definition of "teacher" in Subsec. (a) to include the word "professional" and deleted an obsolete
provision re a review and revision of guidelines not later the May 15, 1987; P.A. 90-324 in Subsec. (b) deleted reference
to the program submitted pursuant to repealed Sec. 10-155ee; P.A. 91-220 in Subsec. (b) changed "triennially" to every
five years re reports on teacher evaluation programs; P.A. 93-353 amended Subsec. (b) to substitute requirement that the
report be submitted in accordance with Sec. 10-220 instead of every five years, to specify that the programs be consistent
with the plan developed in accordance with the provisions of Sec. 10-220a and made technical changes, effective July 1,
1993; P.A. 95-58 amended Subsec. (a) to specify areas to be included in evaluations, effective July 1, 1995; P.A. 95-
182 amended Subsec. (b) to delete requirement that report on teacher evaluation program be used to monitor program
implementation, effective June 28, 1995; P.A. 00-220 amended Subsec. (b) to make a technical change, effective July
1, 2000.
Teacher evaluations not a mandatory subject of collective bargaining where amendment substituted "mutual agreement"
for "negotiation". 201 C. 685, 686, 689−693, 695, 696, 698−700. Cited. 205 C. 116, 128.
Cited. 42 CA 480.
Subsec. (a):
Cited. 201 C. 685, 691, 695.
Cited. 42 CA 480.
Subsec. (b):
Cited. 201 C. 685, 696.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 84-276, S. 1, 2.)
Purpose of act to clarify, not change, earlier enactment. 210 C. 590, 593−595. Does not prevent public disclosure of
substance of votes of public agency that concern matters of personnel, teacher performance or evaluation. 221 C. 217, 218,
221, 222, 224, 231, 234, 235. "... a document, portions of which concern matters of teacher performance and evaluation
and portions of which concern nonevaluative information, is not exempt from disclosure in its entirety..." pursuant to this
section. Id., 393−398, 400. Allegations by students, parents, community members concerning teacher's conduct do not
constitute "records of teacher performance or evaluation" under this section. Id., 549, 578, 579.
Cited. 35 CA 384, 386.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 1439; P.A. 78-218, S. 211.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 1440; P.A. 78-218, S. 102.)
History: P.A. 78-218 forbade discrimination on basis of sex, deleted reference to municipalities and specified local and
regional school boards.
Cited. 152 C. 151. Cited. 216 C. 253, 257.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The organization designated as the exclusive representative of a teachers' or
administrators' unit shall have a duty of fair representation to the members of such unit.
(c) Nothing in this section or in any other section of the general statutes shall preclude a local or regional board of education from making an agreement with an exclusive
bargaining representative to require as a condition of employment that all employees
in a bargaining unit pay to the exclusive bargaining representative of such employees
an annual service fee, not greater than the amount of dues uniformly required of members
of the exclusive bargaining representative organization, which represents the costs of
collective bargaining, contract administration and grievance adjustment; and that such
service fee be collected by means of a payroll deduction from each employee in the
bargaining unit.
(1961, P.A. 562; 1969, P.A. 811, S. 1; P.A. 76-403, S. 1, 11; P.A. 79-422; P.A. 83-72, S. 1, 9; P.A. 87-250, S. 2, 11;
P.A. 93-426, S. 6.)
History: 1969 act substituted for "without prejudice", "free from interference, restraint, coercion or discriminatory
practices by any employing board of education ..."; P.A. 76-403 included rights to form or assist and to refuse to form or
assist organizations as well as rights to join or not join and included protection in the exercise of rights mentioned and
bestowed right to negotiate in good faith; P.A. 79-422 added Subsec. (b) re annual service fees for bargaining representation;
P.A. 83-72 amended Subsec. (a) to include all statutory references to provisions of teacher negotiation law, Secs. 10-153b
to 10-153n, inclusive; P.A. 87-250 amended Subsec. (a) to include hours as a subject to be negotiated in good faith; P.A.
93-426 inserted new Subsec. (b) to impose a duty of fair representation on teachers' and educational administrators'
collective bargaining representatives and redesignated existing Subsec. (b) as (c).
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Cited. 162 C. 393, 575, 578. By agreement on submission of question to arbitrator, Waterbury Board of Education
waived objection to procedural limits of arbitration in teacher contract. 168 C. 54. Sections 10-153a−10-153j include
coverage of teachers employed in summer school programs. 177 C. 68, 70, 71, 73. Agency shop clause in collective
bargaining agreement prior to 1979 amendment expressly authorizing such clauses was valid and did not offend public
policy. 180 C. 459, 460−463. Cited. 184 C. 116, 119. Cited. 190 C. 235, 236, 241. Cited. 200 C. 376, 381. Teacher negotiation
act cited. 201 C. 685, 686, 689, 693, 699, 700; 202 C. 492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113,
123. Cited. Id. Cited. 210 C. 286, 288. Cited. 216 C. 253, 257. Teachers negotiation act (TNA) cited. 217 C. 110, 111,
114−116, 118, 120, 127, 129. Cited. 231 C. 922. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C. 704,
705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 261, 262, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teachers negotiation act, Secs.
10-153a−10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119. Cited. 42 CA
700; judgment reversed, see 240 C. 835 et seq. Teacher Negotiation Act (TNA) cited. Id. Cited. 43 CA 133.
Cited. 38 CS 80, 85.
Subsec. (b):
Not a violation for local organization to allocate part of service fee to the state and national organizations. 206 C. 25−30.
Cited. 23 CA 727, 729, 734.
Subsec. (c):
Cited. 42 CA 700; judgment reversed, see 240 C. 835 et seq.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The superintendent of schools, assistant superintendents, certified professional
employees who act for the board of education in negotiations with certified professional
personnel or are directly responsible to the board of education for personnel relations
or budget preparation, temporary substitutes and all noncertified employees of the board
of education are excluded from the purview of this section and sections 10-153c to 10-
153n, inclusive.
(c) The employees in either unit defined in this section may designate any organization of certified professional employees to represent them in negotiations with respect
to salaries, hours and other conditions of employment with the local or regional board
of education which employs them by filing, during the period between March first and
March thirty-first of any school year, with the board of education a petition which requests recognition of such organization for purposes of negotiation under this section
and sections 10-153c to 10-153n, inclusive, and is signed by a majority of the employees
in such unit. Where a new school district is formed as the result of the creation of a
regional school district, a petition for designation shall also be considered timely if it
is filed at any time from the date when such regional school district is approved pursuant
to section 10-45 through the first school year of operation of any such school district.
Where a new school district is formed as a result of the dissolution of a regional school
district, a petition for designation shall also be considered timely if it is filed at any time
from the date of the election of a board of education for such school district through the
first year of operation of any such school district. Within three school days next following
the receipt of such petition, such board shall post a notice of such request for recognition
and mail a copy thereof to the commissioner. Such notice shall state the name of the
organization designated by the petitioners, the unit to be represented and the date of
receipt of such petition by the board. If no petition which requests a representation
election and is signed by twenty per cent of the employees in such unit is filed in accordance with the provisions of subsection (d) of this section, with the commissioner within
the thirty days next following the date on which the board of education posts notice of
the designation petition, such board shall recognize the designated organization as the
exclusive representative of the employees in such unit for a period of one year or until
a representation election has been held for such unit pursuant to this section and section
10-153c, whichever occurs later. If a petition complying with the provisions of subsection (d) of this section is filed within such period of thirty days, the local or regional
board of education shall not recognize any organization so designated until an election
has been held pursuant to said sections to determine which organization shall represent
such unit.
(d) Twenty per cent or more of the personnel in an administrators' unit or teachers'
unit may file during the period between March first and April thirtieth of any school
year with the commissioner a petition requesting that a representation election be held
to elect an organization to represent such unit. Where a new school district is formed
as the result of the creation of a regional school district, a petition for a representation
election shall also be considered timely if it is filed at any time from the date when such
regional school district is approved pursuant to section 10-45 through the first school
year of operation of any such school district. Where a new school district is formed as
a result of the dissolution of a regional school district, a petition for a representation
election shall also be considered timely if it is filed at any time during the first school
year of operation of any such school district. Whenever a multiple-year contract is in
effect, a petition requesting that a representation election be held to elect an organization
to represent such unit shall be considered timely if it is filed with the commissioner
between March first and April thirtieth after two years of a contract have elapsed or is
filed between March first and April thirtieth of the calendar year prior to the year of
expiration of the collective bargaining contract covering the employees who are the
subject of the petition, whichever is sooner. The commissioner shall file notice of such
petition with the local or regional board of education on or before the fifth school day
following receipt of the petition. The commissioner shall not divulge the names on such
petition or any petition filed with the commissioner pursuant to this section to anyone
except upon court order. Such notice shall state the name of the petitioning group, the
unit for which an election is sought and the date the petition was filed. Within three
school days after receipt of such notice, the local or regional board of education shall
post a copy of the notice. Any organization interested in representing personnel in such
unit may intervene within three school days after the board posts notice of such petition
by filing with the commissioner a petition signed by ten per cent of the employees in
such unit provided that any employee who signs more than one such petition between
March first and April thirtieth in any one school year shall not be deemed to have signed
any such petition. The commissioner shall notify the local or regional board on or before
the third day following receipt of the intervening petition, and such board shall post
notice of the intervening petition within three days following receipt thereof. No intervening petition shall be required from any incumbent organization previously designated by the board or elected and such incumbent organization shall be listed on the
ballot if a petition for a representation election is filed. The petitioning organization,
the incumbent organization, if any, and any intervening organization may agree on an
impartial person or agency to conduct such an election consistent with the other provisions of this section, provided not more than one such election shall be held to elect an
organization to represent the employees in such unit in any one school year, except,
however, if no organization receives a majority of the vote validly cast, the election
shall not be deemed completed and within ten days after the initial election a runoff
election shall be held. In the event of a disagreement on the agency to conduct the
election, the method shall be determined by the board of arbitration selected in accordance with section 10-153c. The person or agency so selected shall conduct, between
twenty and forty-five days after the first petition requesting an election is filed with the
commissioner, an election by secret ballot to determine which organization, if any, shall
represent such unit, provided if no organization receives a majority of the vote validly
cast, such election shall not be deemed completed and a runoff election between the
two choices receiving the largest and second largest number of valid votes cast in the
election shall be held within ten days after the initial election. The organizations participating in the election and the organizations participating in the runoff election shall
share equally in the cost incurred by the impartial person or agency selected to conduct
each election. Such person or agency shall immediately report the results of the election
or runoff election to the commissioner. Within five days after receipt of the tally of
ballots in the election or runoff election, any party to said election or runoff election
may file with the commissioner any objection to said election or runoff election. If
timely objections are found to be valid and they affected the results of the election or
runoff election, the commissioner shall order another election or runoff election, as
appropriate, to be conducted within ten days of the commissioner's decision. If satisfied
that the election or runoff election has been conducted properly, the commissioner shall
certify that the organization receiving a majority of votes is the exclusive representative
of the employees in such unit.
(e) The representative designated or elected in accordance with this section shall,
from the date of such designation or election, be the exclusive representative of all the
employees in such unit for the purposes of negotiating with respect to salaries, hours
and other conditions of employment, provided any certified professional employee or
group of such employees shall have the right at any time to present any grievance to
such persons as the local or regional board of education shall designate for that purpose.
The terms of any existing contract shall not be abrogated by the election or designation
of a new representative. During the balance of the term of such contract the board of
education and the new representative shall have the duty to negotiate pursuant to section
10-153d concerning a successor agreement. The new representative shall, from the date
of designation or election, acquire the rights and powers and shall assume the duties
and obligations of the existing contract during the period of its effectiveness.
(f) Any organization which has been designated or elected the exclusive representative of a unit which includes teachers and administrators shall continue to be the exclusive representative of such personnel upon expiration of the salary agreement in effect
between such organization and the board of education employing such personnel on
July 1, 1969, until or unless employees of such board of education in either of the units
defined in this section initiate a petition for designation or election of an organization
to represent them in accordance with the procedures set forth in sections 10-153a to 10-
153n, inclusive.
(February, 1965, P.A. 298, S. 1; 1967, P.A. 752, S. 1; 1969, P.A. 811, S. 2; P.A. 73-385, S. 1, 2; P.A. 76-403, S. 2, 11;
P.A. 77-614, S. 302, 610; P.A. 78-218, S. 81; 78-303, S. 85, 136; P.A. 82-225, S. 1, 3; P.A. 83-72, S. 2, 9; 83-359; P.A.
84-546, S. 22, 23, 173; P.A. 87-250, S. 3, 4, 11; 87-499, S. 12, 34; P.A. 88-136, S. 8, 37; P.A. 91-303, S. 3, 22; P.A. 98-
56, S. 3, 5.)
History: 1967 act detailed process for designating representative organization in Subsecs. (a) and (b), including petition
procedure, intervening petitions and referendum provisions and made technical changes in old language; 1969 act replaced
former Subsec. (a) with definitions of "administrators' unit", "teachers' unit", "secretary" and "to post a notice", inserted
new Subsec. (b) excluding certain personnel from provisions of Secs. 10-153b to 10-153g, placed petitions provisions
formerly in Subsec. (a) in new Subsec. (c), relettered Subsecs. (b) and (c) as Subsecs. (d) and (e) and added Subsec. (f)
continuing previously chosen representatives of units containing both teachers and administrators until or unless otherwise
elected by employees; P.A. 73-385 changed closing date for petition in Subsec. (c) from April fifteenth to October thirty-
first and in Subsec. (d) from April fifteenth to November thirtieth and included in Subsec. (d) requirement that petitions
filed be signed by twenty per cent or more of unit members and added provision concerning runoff election; P.A. 76-403
included definitions of "budget submission date" and "days" in Subsec. (a), changed filing period in Subsec. (b) from
October to March, changed filing period in Subsec. (c) from period between October first and November thirtieth to period
between March first and April thirtieth and further amended Subsec. (c) to prohibit employee from signing more than one
intervening petition each year and to require runoff within ten days of initial election and amended Subsec. (e) to include
provisions concerning multiple year contracts; P.A. 77-614 and P.A. 78-303 substituted commissioner of education for
secretary of the state board of education, effective January 1, 1979; P.A. 78-218 substituted "local" for "town" boards of
education; P.A. 82-225 amended Subsec. (d) to redefine timeliness for filing a request for a representative election when
a multiple year contract is involved, including one year provision for multiple year contracts that expire in 1983; P.A. 83-
72 added provisions concerning designation or election in a new school district formed as the result of the dissolution or
creation of a regional school district in Subsecs. (c) and (d), further amended Subsec. (d) to require notice from commissioner
to boards of education on requests received for a representation election within five, rather than three, school days following
receipt of petition by commissioner, decreased from ten to three the number of days organizations have to file petition to
intervene in election after board posts notice of election, and clarified provisions pertaining to runoff elections; P.A. 83-
359 amended Subsec. (a) to provide that after October 1, 1983, members in the administrators' unit shall be those certified
professional employees in a school district in positions requiring an intermediate administrator or supervisor certificate
and whose administrative or supervisory duties equal at least fifty per cent of the assigned time of the employee; P.A. 84-
546 made technical changes in Subsecs. (a) and (d); P.A. 87-250 amended Subsec. (c) to include hours as a subject of
negotiations with respect to which an organization may be designated to represent employees and amended Subsec. (e) to
include hours as a subject of negotiations for which the representative is the exclusive representative; P.A. 87-499 in
Subsec. (a) added "employee or" to the definition of administrator's unit and made technical changes; P.A. 88-136 deleted
in Subsec. (a) a definition of "administrators' unit" applicable prior to October 1, 1983; P.A. 91-303 in Subsecs. (c) and
(d) added provision allowing petition for designation to be filed at any time during the first school year of operation in the
case of a new district formed as a result of the dissolution of a regional district; P.A. 98-56 changed the provisions for a
petition for designation to be considered timely in the case of a new district formed as the result of the dissolution of a
regional school district in Subsec. (c), effective January 1, 1999.
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Cited. 162 C. 393, 575. Cited. 164 C. 348. Section applies to principals as well as teachers in nonadministrative positions.
164 C. 426, 436. Sections 10-153a−10-153j include coverage of teachers employed in summer school programs. 177 C.
68, 70, 71. Cited. 184 C. 116, 119. Cited. 186 C. 725, 727. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher
negotiation act cited. 201 C. 685, 686, 692, 693; 202 C. 492, 493, 495, 500, 502−504, 507. Cited. 204 C. 746, 756. Teacher
negotiation act cited. 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C. 704,
705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253−256, 261, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs.
10-153a−10-153n cited. 23 CA 727, 732. Cited. 33 CA 78, 89. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112,
118, 119.
Organization chosen by employee teachers of defendant board of education short time prior to enactment of this statute
was properly recognized by board as the exclusive teachers' representative hereunder. 27 CS 298. Act is permissive in
nature, although some of its provisions are mandatory if act is employed. Act should be construed as operating prospectively
not retroactively, no contrary intent clearly appearing. 27 CS 311. Cited. 28 CS 266. Cited. 38 CS 80, 85.
Subsec. (a):
Cited. 174 C. 522, 524. Subdiv. (1) cited. 177 C. 68, 71. Subdiv. (2) cited. 174 C. 522, 524; 177 C. 68, 71−73. Cited.
226 C. 704, 725.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) A local or regional board of education or the exclusive representative of a teachers' or administrators' unit may file a unit clarification petition with the Commissioner
of Education in order to clarify questions concerning the appropriate composition of an
existing unit if no question concerning representation is pending. Upon receipt of a
properly filed petition, the commissioner shall render a final decision on the petition
pursuant to chapter 54.
(February, 1965, P.A. 298, S. 2; 1967, P.A. 752, S. 2; P.A. 76-403, S. 3, 11; P.A. 86-333, S. 7, 32.)
History: 1967 act required naming of arbitrators by disputants within five days of request for arbitration and naming
of arbitrators by board of education within five days of naming of others and required equal access to school mailboxes
and facilities for all parties; P.A. 76-403 replaced provision requiring equal number of arbitrators to be chosen by state
board with provision for selection of one additional arbitrator by arbitrators selected by disputants; P.A. 86-333 added
Subsec. (b) to provide for a unit clarification petition re questions re composition of an existing unit.
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Sections 10-153a−10-153j include coverage of teachers employed in summer school programs. 177 C. 68, 70, 71. Cited.
184 C. 116, 119. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C.
492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation
act (TNA) cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited.
234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253−256, 261, 263, 264−266, 272. Teacher negotiations act cited. 5 CA 253−256, 261. Connecticut teacher
negotiation act, Secs. 10-153a−10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112,
118, 119.
Cited. 27 CS 298; 28 CS 266. Cited. 38 CS 80, 85.
Subsec. (b):
Cited. 226 C. 704, 725, 728.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The local or regional board of education and the organization designated or
elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, shall have the duty to negotiate with respect to salaries,
hours and other conditions of employment about which either party wishes to negotiate.
For purposes of this subsection and sections 10-153a, 10-153b and 10-153e to 10-153g,
inclusive, (1) "hours" shall not include the length of the student school year, the scheduling of the student school year, the length of the student school day, the length and number
of parent-teacher conferences and the scheduling of the student school day, except for
the length and the scheduling of teacher lunch periods and teacher preparation periods
and (2) "other conditions of employment" shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj. Such negotiations
shall commence not less than two hundred ten days prior to the budget submission date.
Any local board of education shall file forthwith a signed copy of any contract with the
town clerk and with the Commissioner of Education. Any regional board of education
shall file forthwith a signed copy of any such contract with the town clerk in each member
town and with the Commissioner of Education. Upon receipt of a signed copy of such
contract the clerk of such town shall give public notice of such filing. The terms of such
contract shall be binding on the legislative body of the local or regional school district,
unless such body rejects such contract at a regular or special meeting called and convened
for such purpose within thirty days of the filing of the contract. If a vote on such contract
is petitioned for in accordance with the provisions of section 7-7, in order to reject such
contract, a minimum number of those persons eligible to vote equal to fifteen per cent
of the electors of such local or regional school district shall be required to participate
in the voting and a majority of those voting shall be required to reject. Any regional
board of education shall call a district meeting to consider such contract within such
thirty-day period if the chief executive officer of any member town so requests in writing
within fifteen days of the receipt of the signed copy of the contract by the town clerk
in such town. The body charged with making annual appropriations in any school district
shall appropriate to the board of education whatever funds are required to implement
the terms of any contract not rejected pursuant to this section. All organizations seeking
to represent members of the teaching profession shall be accorded equal treatment with
respect to access to teachers, principals, members of the board of education, records,
mail boxes and school facilities and, in the absence of any recognition or certification as
the exclusive representative as provided by section 10-153b, participation in discussions
with respect to salaries, hours and other conditions of employment.
(c) If the legislative body rejects the contract pursuant to the provisions of subsection
(b) of this section, the parties shall commence the arbitration process, in accordance
with the provisions of subsection (c) of section 10-153f, on the fifth day next following
the rejection which, for the purposes of this procedure, shall serve as the equivalent of
the one hundred thirty-fifth day prior to the budget submission date, provided, if requested by either party, the parties shall mediate the contract dispute prior to the initial
arbitration hearing. The parties shall meet with a mediator mutually selected by them,
provided such parties shall inform the commissioner of the name of such mediator. If
the parties are unable to mutually select a mediator, then the parties shall meet with the
commissioner or the commissioner's agent or a mediator designated by said commissioner. Mediators shall be chosen from a panel of mediators selected by the State Board
of Education or from outside such panel if mutually agreed by the parties. Such mediators
shall receive a per diem fee determined on the basis of the prevailing rate for such
services, and the parties shall share equally in the cost of such mediation. In any civil or
criminal case, any proceeding preliminary thereto, or in any legislative or administrative
proceeding, a mediator shall not disclose any confidential communication made to such
mediator in the course of mediation unless the party making such communication waives
such privilege. The parties shall provide such information as the commissioner may
require. The commissioner may recommend a basis for settlement but such recommendations shall not be binding upon the parties.
(February, 1965, P.A. 298, S. 3; 1967, P.A. 752, S. 3; 1969, P.A. 811, S. 3; P.A. 73-391; P.A. 76-403, S. 4, 11; P.A.
77-614, S. 302, 610; P.A. 78-84; 78-218, S. 82; P.A. 83-72, S. 3, 9; P.A. 84-225; P.A. 87-250, S. 1, 11; P.A. 89-233, S. 2,
3; P.A. 90-230, S. 79, 101; P.A. 92-84, S. 4, 7; 92-170, S. 21, 26; P.A. 96-244, S. 14, 63.)
History: 1967 act substituted "town" for "local" boards of education and included provision for equal access to mailboxes
and school facilities; 1969 act added detailed provisions re adoption and implementation of contracts; P.A. 73-391 required
town clerk to give public notice of filing of contract; P.A. 76-403 inserted Subsec. (a) re role of municipal appropriation-
making authority in negotiation process, made former provisions Subsec. (b) and included in Subsec. (b) requirement that
negotiations commence at least one hundred eighty days before budget submission date and requirement that copies of
contracts be filed with secretary of state board as well as with town clerk(s) and modified provision re equal access and
right to participate in discussion so that all have right to equal access, and discussion participation right applies only where
no exclusive representative has been designated, whereas previously equal access and discussion participation rights were
allowed to all only when no exclusive representative was designated, deleting details of what is involved in duty to negotiate
and prohibition of interference with employees by board of education or its representatives, agents etc.; P.A. 77-614
substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-84
amended Subsec. (b) re required vote for rejection in petitioned vote on contract; P.A. 78-218 substituted "local" for "town"
board of education and made technical corrections; P.A. 83-72 added Subsec. (c) concerning procedure to be followed if
the legislative body rejects contract negotiated by board of education and exclusive bargaining representative; P.A. 84-
225 changed minimum voter turnout from fifteen per cent of those eligible to vote to fifteen per cent of electors; P.A. 87-
250 amended Subsec. (b) to provide that the parties have the duty to negotiate with respect to hours, and defined "hours";
P.A. 89-233 in Subsec. (b) added Subdiv. (1) designation and new Subdiv. (2) re establishment or provisions of retirement
incentive plans as not included in "other conditions of employment"; P.A. 90-230 made technical change in Subsec. (b);
P.A. 92-84 amended Subsec. (b) to require negotiations to commence not less than two hundred forty days, rather than
one hundred eighty days, prior to the budget submission date; P.A. 92-170 amended Subsec. (b) to change two hundred
forty days to two hundred ten days and amended Subsec. (c) to change the eighty-fifth day to the one hundred thirty-fifth
day, effective May 26, 1992, and applicable to arbitration proceedings commencing on or after that date; P.A. 96-244 made
a technical change in Subsec. (b), deleting reference to Secs. 10-257b to 10-257e, inclusive, repealed elsewhere in the act,
effective July 1, 1996.
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Good faith negotiation mandatory. 162 C. 577. Communication by school board with teachers during negotiations,
permissible. 162 C. 578. Collective bargaining is a constitutional right. 164 C. 348. Cited. 164 C. 426, 428. Mandamus
action to obtain interpretation of collective contract and payment of sums to individual teachers precluded by existence of
adequate remedies at law. 167 C. 513. Cited. 174 C. 189, 191. Nothing in statute which, in absence of express provision
in contract, would guarantee teacher job security; board has discretion under section 10-151(b)(5) to eliminate positions
and terminate teachers' contracts in order to implement a reduced budget. 174 C. 522, 525, 527−529. Sections 10-153a−
10-153j include coverage of teachers employed in summer school programs. 177 C. 68, 70, 71. Cited. 184 C. 116, 119.
Cited. 186 C. 725, 733. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686,
693; 202 C. 492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers
negotiation act (TNA) cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a
et seq. cited. 234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 27 CS 298. Equal treatment of all organizations is not permitted once defendant was certified as exclusive
representative of New Haven board of education employees pursuant to section 10-153b. 27 CS 422. Held, prior to 1969
amendment final decision as to teachers' salaries rested with ultimate budgetary control of board of finance and board of
aldermen. 28 CS 265. Obligation to negotiate in good faith, when. 30 CS 63. Cited. 38 CS 80, 85.
Subsec. (b):
Cited. 201 C. 685, 693. Cited. 202 C. 492, 502, 504, 505. Cited. 216 C. 253, 261. Cited. 234 C. 704, 714.
Subsec. (c):
Cited. 202 C. 492, 504. Cited. 234 C. 704, 714.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The local or regional board of education or its representatives or agents are
prohibited from: (1) Interfering, restraining or coercing certified professional employees
in the exercise of the rights guaranteed in sections 10-153a to 10-153n; (2) dominating or
interfering with the formation, existence or administration of any employees' bargaining
agent or representative; (3) discharging or otherwise discriminating against or for any
certified professional employee because such employee has signed or filed any affidavit,
petition or complaint under said sections; (4) refusing to negotiate in good faith with
the employees' bargaining agent or representative which has been designated or elected
as the exclusive representative in an appropriate unit in accordance with the provisions
of said sections; or (5) refusing to participate in good faith in mediation or arbitration.
A prohibited practice committed by a board of education, its representatives or agents
shall not be a defense to an illegal strike or concerted refusal to render services.
(c) Any organization of certified professional employees or its agents is prohibited
from: (1) Interfering, restraining or coercing (A) certified professional employees in
the exercise of the rights guaranteed in this section and sections 10-153a to 10-153c,
inclusive, provided that this shall not impair the right of an employees' bargaining agent
or representative to prescribe its own rules with respect to acquisition or retention of
membership provided such rules are not discriminatory and (B) a board of education in
the selection of its representatives or agents; (2) discriminating against or for any certified professional employee because such employee has signed or filed any affidavit,
petition or complaint under said sections; (3) breaching its duty of fair representation
pursuant to section 10-153a; (4) refusing to negotiate in good faith with the employing
board of education, if such organization has been designated or elected as the exclusive
representative in an appropriate unit; (5) refusing to participate in good faith in mediation
or arbitration; or (6) soliciting or advocating support from public school students for
activities of certified professional employees or organizations of such employees.
(d) As used in this section, sections 10-153a to 10-153c, inclusive, and section 10-
153g, "to negotiate in good faith" is the performance of the mutual obligation of the
board of education or its representatives or agents and the organization designated or
elected as the exclusive representative for the appropriate unit to meet at reasonable
times, including meetings appropriately related to the budget-making process, and to
participate actively so as to indicate a present intention to reach agreement with respect
to salaries, hours and other conditions of employment, or the negotiation of an
agreement, or any question arising thereunder and the execution of a written contract
incorporating any agreement reached if requested by either party, but such obligation
shall not compel either party to agree to a proposal or require the making of a concession.
(e) Whenever a board of education or employees' representative organization has
reason to believe that a prohibited practice, as defined in subsection (b) or (c) of this
section, has been or is being committed, or whenever a certified employee believes a
breach of the duty of fair representation under subdivision (3) of subsection (c) of this
section has occurred or is occurring, such board of education, representative organization or certified employee shall file a written complaint with the State Board of Labor
Relations and shall mail a copy of such complaint to the party that is the subject of
the complaint. Upon receipt of a properly filed complaint said board shall refer such
complaint to the agent who shall, after investigation and within ninety days after the
date of such referral, either (1) make a report to said board recommending dismissal of
the complaint or (2) issue a written complaint charging prohibited practices. If no such
report is made and no such written complaint is issued, the Board of Labor Relations
in its discretion may proceed to a hearing upon the party's original complaint of the
violation of this chapter which shall in such case be treated for the purpose of this section
as a complaint issued by the agent. Upon receiving a report from the agent recommending
dismissal of a complaint, said Board of Labor Relations may issue an order dismissing
the complaint or may order a further investigation or a hearing thereon. Upon receiving
a complaint issued by the agent, the Board of Labor Relations shall set a time and place
for the hearing. Any such complaint may be amended with the permission of said board.
The party so complained of shall have the right to file an answer to the original or
amended complaint within five days after the service of such complaint or within such
other time as said board may limit. Such party shall have the right to appear in person
or otherwise to defend against such complaint. In the discretion of said board any person
may be allowed to intervene in such proceeding. In any hearing said board shall not be
bound by technical rules of evidence prevailing in the courts. A stenographic or electronic record of the testimony shall be taken at all hearings of the Board of Labor Relations and a transcript thereof shall be filed with said board upon its request. Said board
shall have the power to order the taking of further testimony and further argument. If,
upon all the testimony, said board determines that the party complained of has engaged
in or is engaging in any prohibited practice, it shall state its finding of fact and shall
issue and cause to be served on such party an order requiring it to cease and desist from
such prohibited practice, and shall take such further affirmative action as will effectuate
the policies of subsections (b) to (d), inclusive, of this section. Such order may further
require such party to make reports from time to time showing the extent to which the
order has been complied with. If upon all the testimony the Board of Labor Relations
is of the opinion that the party named in the complaint has not engaged in or is not
engaging in any such prohibited practice, then said board shall make its finding of fact
and shall issue an order dismissing the complaint. Until a transcript of the record in a
case has been filed in the Superior Court, as provided in subsection (g) of this section,
said board may at any time, upon notice, modify or set aside in whole or in part any
finding or order made or issued by it. Proceedings before said board shall be held with
all possible expedition. Any party who wishes to have a transcript of the proceedings
before the Board of Labor Relations shall apply therefor. The parties may agree on the
sharing of the costs of the transcript but, in the absence of such agreement, the costs
shall be paid by the requesting party.
(f) For the purpose of hearings pursuant to this section before the Board of Labor
Relations said board shall have power to administer oaths and affirmations and to issue
subpoenas requiring the attendance of witnesses. In case of contumacy or refusal to
obey a subpoena issued to any person, the Superior Court, upon application by said
board, shall have jurisdiction to order such person to appear before said board to produce
evidence or to give testimony touching the matter under investigation or in question,
and any failure to obey such order may be punished by said court as a contempt thereof.
No person shall be excused from attending and testifying or from producing books,
records, correspondence, documents or other evidence in obedience to the subpoena of
the board, on the ground that the testimony or evidence required may tend to incriminate
or subject such person to a penalty or forfeiture; but no individual shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which such individual is compelled, after claiming a privilege against
self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in
so testifying. Complaints, orders and other processes and papers of the Board of Labor
Relations or the agent may be served personally, by registered or certified mail, by
telegraph or by leaving a copy thereof at the principal office or place of business of the
person required to be served. The verified return of service shall be proof of such service.
Witnesses summoned before said board or the agent shall be paid the same fees and
mileage allowances that are paid witnesses in the courts of this state, and witnesses
whose depositions are taken and the person taking the same shall severally be entitled
to the same fees as are paid for like services in the courts of this state. All processes of
any court to which an application or petition may be made under this chapter may be
served in the judicial district wherein the person or persons required to be served reside
or may be found.
(g) (1) The Board of Labor Relations may petition the superior court for the judicial
district wherein the prohibited practice in question occurred or wherein any party
charged with the prohibited practice resides or transacts business, or, if said court is not
in session, any judge of said court, for the enforcement of an order and for appropriate
temporary relief or a restraining order, and shall certify and file in the court a transcript
of the entire record of the proceedings, including the pleadings and testimony upon
which such order was made and the finding and orders of said board. In the event an
appeal has not been filed pursuant to section 4-183, the board may file its petition in
the superior court for the judicial district of Hartford, or, if said court is not in session,
the board may petition any judge of said court. Within five days after filing such petition
in the Superior Court, said board shall cause a notice of such petition to be sent by
registered or certified mail to all parties or their representatives. The Superior Court,
or, if said court is not in session, any judge of said court, shall have jurisdiction of the
proceedings and of the questions determined thereon, and shall have the power to grant
such relief, including temporary relief, as it deems just and suitable and to make and
enter a decree enforcing, modifying and enforcing as so modified, or setting aside in
whole or in part, the order of said board. (2) No objection that has not been urged before
the Board of Labor Relations shall be considered by the court, unless the failure to urge
such objection is excused because of extraordinary circumstances. The findings of said
board as to the facts, if supported by substantial evidence, shall be conclusive. If either
party applies to the court for leave to adduce additional evidence and shows to the
satisfaction of the court that such additional evidence is material and that there were
reasonable grounds for the failure to adduce such evidence in the hearing before said
board, the court may order such additional evidence to be taken before said board and
to be made part of the transcript. The Board of Labor Relations may modify its findings
as to the facts, or make new findings, by reason of additional evidence so taken, and it
shall file such modified or new findings, which, if supported by substantial evidence,
shall be conclusive, and shall file its recommendations, if any, for the modification or
setting aside of its original order. (3) The jurisdiction of the Superior Court shall be
exclusive and its judgment and decree shall be final, except that the same shall be subject
to review by the Appellate Court, on appeal, by either party, irrespective of the nature
of the decree or judgment or the amount involved. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other
cases of appeal to the Appellate Court, and the record so certified shall contain all that
was before the lower court. (4) Any party aggrieved by a final order of the Board of
Labor Relations granting or denying in whole or in part the relief sought may appeal
pursuant to the provisions of chapter 54 to the superior court for the judicial district
where the prohibited practice was alleged to have occurred, in the judicial district of
New Britain, or in the judicial district wherein such party resides or transacts business.
(5) Petitions filed under this subsection shall be heard expeditiously and determined
upon the transcript filed, without requirement of printing. Hearings in the Superior Court
or Appellate Court under this chapter shall take precedence over all other matters, except
matters of the same character.
(h) Subject to regulations to be made by the Board of Labor Relations, the complaints, orders and testimony relating to a proceeding instituted under subsection (e) of
this section may be available for inspection or copying. All proceedings pursuant to
said subsection shall be open to the public.
(i) Any person who wilfully resists, prevents or interferes with any member of the
Board of Labor Relations or the agent in the performance of duties pursuant to subsections (e) to (i), inclusive, of this section shall be fined not more than five hundred dollars
or imprisoned not more than six months or both.
(February, 1965, P.A. 298, S. 4; 1969, P.A. 811, S. 4; P.A. 76-403, S. 5, 11; P.A. 77-235, S. 1, 2; 77-614, S. 302, 610;
P.A. 78-218, S. 83−86; 78-280, S. 2, 127; 78-303, S. 85, 136; P.A. 83-72, S. 4, 9; 83-308, S. 2; June Sp. Sess. P.A. 83-29,
S. 22, 82; P.A. 87-250, S. 5, 11; P.A. 88-230, S. 1, 12; 88-317, S. 36, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-
426, S. 7, 8; P.A. 95-220, S. 4−6; P.A. 99-215, S. 24, 29.)
History: 1969 act included provisions for enforcement of prohibition against strikes by professional employees by
temporary injunction; P.A. 76-403 added Subsecs. (b) to (i) re prohibited activities by board of education and by professional
employees; P.A. 77-235 amended Subsec. (a) to require that notice of hearing be given secretary of the state board and to
designate secretary or his designee as interested party; P.A. 77-614 and P.A. 78-303 substituted commissioner of education
for secretary of the state board of education, effective January 1, 1979; P.A. 78-218 substituted "local" for "town" board
of education in Subsec. (b) and made technical changes; P.A. 78-280 deleted reference to county in Subsec. (g); P.A. 83-
72 amended Subsec. (b) to include statutory reference to all provisions concerning teacher negotiation law, Secs. 10-153a
to 10-153n, inclusive; P.A. 83-308 amended Subsec. (g) to allow the board to file its petition for enforcement of an order
in the superior court for the judicial district of Hartford-New Britain if an appeal of the order has not been filed; June Sp.
Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof in Subsec. (g); P.A. 87-
250 amended Subsec. (d) to include hours as a subject with respect to which the parties are to indicate a present intention
to reach agreement; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 88-317 amended Subdiv. (1) of Subsec. (g) by deleting "or subdivision (4) of this
subsection" after "4-183" and amended Subdiv. (4) of Subsec. (g) to require appeal to be made "pursuant to the provisions
of chapter 54", instead of specifying the procedure for the appeal, and to superior court in judicial district of Hartford-
New Britain, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-
98 changed effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-426 inserted new
Subdiv. (3) in Subsec. (c) to prohibit a bargaining representative for certified professional employees from breaching its
duty of fair representation to such employees and redesignated existing Subdiv. (3) as (4) and amended Subsec. (e) to allow
certified employees to file written complaints with the state board of labor relations against their bargaining representatives
alleging breach of the duty of fair representation; P.A. 95-220 changed the effective date of P.A. 88-230 from September
1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial
district of New Britain" in Subsec. (g)(4), effective June 29, 1999.
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Cited. 162 C. 393, 577. Section is constitutional. 164 C. 348. Sections 10-153a−10-153j include coverage of teachers
employed in summer school programs. Cited. 177 C. 68−71. Cited. 184 C. 116, 119. Injunction authorized under this
section could be issued against the New Haven Federation of Teachers as well as against individual teachers. 186 C. 725,
736. Cited. Id., 725, 727, 733−737. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C.
685, 686; 202 C. 492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257.
Teachers negotiation act (TNA) cited. 217 C. 110, 111, 114−118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-
153a et seq. cited. 234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited.
239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 27 CS 298. Cited. 30 CS 63. Cited. 38 CS 80, 83.
Subsec. (b):
Subdiv. (4) cited. 177 C. 68. Cited. 202 C. 492, 502. Subdiv. (4) cited. 217 C. 110, 111, 114, 119. Cited. Id., 110, 114.
Subdiv. (5) cited. Id., 110, 114, 116, 118, 119. Subdiv. (1) cited. Id., 110, 127. Subdiv. (4) cited. 232 C. 198, 208.
Subsec. (c):
Cited. 202 C. 492, 502.
Subsec. (d):
Cited. 190 C. 235, 236, 239, 241. Cited. 202 C. 492, 502−504. Cited. 217 C. 110, 121. Cited. 240 C. 835.
Subsec. (e):
Cited. 217 C. 110, 128.
Subsec. (g):
Cited. 190 C. 235, 240. Subdiv. (2) cited. Id., 235, 243.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) If any local or regional board of education cannot agree with the exclusive representatives of a teachers' or administrators' unit after negotiation concerning the terms
and conditions of employment applicable to the employees in such unit, either party
may submit the issues to the commissioner for mediation. On the one hundred sixtieth
day prior to the budget submission date, the commissioner shall order the parties to
report their settlement. If, on such one hundred sixtieth day, the parties have not reached
agreement and have failed to initiate mediation, the commissioner shall order the parties
to notify the commissioner of the name of a mutually selected mediator and to commence
mediation. The commissioner may order the parties to appear before said commissioner
during the mediation period. In either case, the parties shall meet with a mediator mutually selected by them, provided such parties shall inform the commissioner of the name
of such mediator, or with the commissioner or the commissioner's agents or a mediator
designated by said commissioner. Mediators shall be chosen from a panel of mediators
selected by the State Board of Education or from outside such panel if mutually agreed
by the parties. Such mediators shall receive a per diem fee determined on the basis of
the prevailing rate for such services, and the parties shall share equally in the cost of
such mediation. In any civil or criminal case, any proceeding preliminary thereto, or in
any legislative or administrative proceeding, a mediator shall not disclose any confidential communication made to such mediator in the course of mediation unless the party
making such communication waives such privilege. The parties shall provide such information as the commissioner may require. The commissioner may recommend a basis
for settlement but such recommendations shall not be binding upon the parties. Such
recommendation shall be made within twenty-five days after the day on which mediation
begins.
(c) (1) On the fourth day next following the end of the mediation session or on the
one hundred thirty-fifth day prior to the budget submission date, whichever is sooner,
the commissioner shall order the parties to report their settlement of the dispute or, if
there is no settlement, to notify the commissioner of either their agreement to submit
their dispute to a single arbitrator or the name of the arbitrator selected by each of them.
Within five days of providing such notice, the parties shall notify the commissioner of
the name of the arbitrator if there is an agreement on a single arbitrator appointed to the
panel pursuant to subdivision (3) of subsection (a) of this section or agreement on the
third arbitrator appointed to the panel pursuant to said subdivision. The commissioner
may order the parties to appear before said commissioner during the arbitration period.
If the parties have notified the commissioner of their agreement to submit their dispute
to a single arbitrator and they have not agreed on such arbitrator, within five days after
such notification, the commissioner shall select such single arbitrator who shall be an
impartial representative of the interests of the public in general. If each party has notified
the commissioner of the name of the arbitrator it has selected and the parties have not
agreed on the third arbitrator, within five days after such notification, the commissioner
shall select a third arbitrator, who shall be an impartial representative of the interests
of the public in general. If either party fails to notify the commissioner of the name of
an arbitrator, the commissioner shall select an arbitrator to serve and the commissioner
shall also select a third arbitrator who shall be an impartial representative of the interests
of the public in general. Any selection pursuant to this section by the commissioner of
an impartial arbitrator shall be made at random from among the members appointed
under subdivision (3) of subsection (a) of this section. Arbitrators shall be selected from
the panel appointed pursuant to subsection (a) of this section and shall receive a per
diem fee determined on the basis of the prevailing rate for such services. Whenever a
panel of three arbitrators is selected, the chairperson of such panel shall be the impartial
representative of the interests of the public in general.
(2) The chairperson of the arbitration panel or the single arbitrator shall set the date,
time and place for a hearing to be held in the school district between the fifth and twelfth
day, inclusive, after such chairperson or such single arbitrator is selected. At least five
days prior to such hearing, a written notice of the date, time and place of the hearing
shall be sent to the board of education and the representative organization which are
parties to the dispute, and, if a three-member arbitration panel is selected or designated,
to the other members of such panel. Such written notice shall also be sent, by registered
mail, return receipt requested, to the fiscal authority having budgetary responsibility or
charged with making appropriations for the school district, and a representative designated by such body may be heard at the hearing as part of the presentation and participation of the board of education. At the hearing each party shall have full opportunity to
submit all relevant evidence, to introduce relevant documents and written material, and
to argue on behalf of its positions. At the hearing a representative of the fiscal authority
having budgetary responsibility or charged with making appropriations for the school
district shall be heard regarding the financial capability of the school district, unless
such opportunity to be heard is waived by the fiscal authority. The nonappearance of
the representative shall constitute a waiver of the opportunity to be heard unless there
is a showing that proper notice was not given to the fiscal authority. The chairperson
of the arbitration panel or the single arbitrator shall preside over such hearing.
(3) The hearing may, at the discretion of the arbitration panel or the single arbitrator,
be continued but in any event shall be concluded within twenty-five days after its commencement.
(4) After hearing all the issues, the arbitrators or the single arbitrator shall, within
twenty days, render a decision in writing, signed by a majority of the arbitrators or the
single arbitrator, which states in detail the nature of the decision and the disposition of
the issues by the arbitrators or the single arbitrator. The written decision shall include
a narrative explaining the evaluation by the arbitrators or the single arbitrator of the
evidence presented for each item upon which a decision was rendered by the arbitrators
or the single arbitrator and shall state with particularity the basis for the decision as to
each disputed issue and the manner in which the factors enumerated in this subdivision
were considered in arriving at such decision, including, where applicable, the specific
similar groups and conditions of employment presented for comparison and accepted
by the arbitrators or the single arbitrator and the reason for such acceptance. The arbitrators or the single arbitrator shall file one copy of the decision with the commissioner,
each town clerk in the school district involved and the board of education and organization which are parties to the dispute. The decision of the arbitrators or the single arbitrator
shall be final and binding upon the parties to the dispute unless a rejection is filed in
accordance with subdivision (7) of this subsection. The decision of the arbitrators or
the single arbitrator shall incorporate those items of agreement the parties have reached
prior to its issuance. At any time prior to the issuance of a decision by the arbitrators or
the single arbitrator, the parties may jointly file with the arbitrators or the single arbitrator, any stipulations setting forth contract provisions which both parties agree to accept.
In arriving at a decision, the arbitrators or the single arbitrator shall give priority to the
public interest and the financial capability of the town or towns in the school district,
including consideration of other demands on the financial capability of the town or
towns in the school district. In assessing the financial capability of the town or towns,
there shall be an irrebuttable presumption that a budget reserve of five per cent or less
is not available for payment of the cost of any item subject to arbitration under this
chapter. The arbitrators or the single arbitrator shall further consider, in light of such
financial capability, the following factors: (A) The negotiations between the parties
prior to arbitration, including the offers and the range of discussion of the issues; (B)
the interests and welfare of the employee group; (C) changes in the cost of living averaged over the preceding three years; (D) the existing conditions of employment of the
employee group and those of similar groups; and (E) the salaries, fringe benefits, and
other conditions of employment prevailing in the state labor market, including the terms
of recent contract settlements or awards in collective bargaining for other municipal
employee organizations and developments in private sector wages and benefits. The
parties shall submit to the arbitrators or the single arbitrator their respective positions
on each individual issue in dispute between them in the form of a last best offer. The
arbitrators or the single arbitrator shall resolve separately each individual disputed issue
by accepting the last best offer thereon of either of the parties, and shall incorporate in
a decision each such accepted individual last best offer and an explanation of how the
total cost of all offers accepted was considered. The award of the arbitrators or the single
arbitrator shall not be subject to rejection by referendum. The parties shall each pay the
fee of the arbitrator selected by or for them and share equally the fee of the third arbitrator
or the single arbitrator and all other costs incidental to the arbitration.
(5) The commissioner shall assist the arbitration panel or the single arbitrator as
may be required in the course of arbitration pursuant to this section.
(6) If the day for filing any document required pursuant to this section falls on
Saturday, Sunday or a holiday, the time for such filing shall be extended to the next
business day thereafter.
(7) The award of the arbitrators or single arbitrator may be rejected by the legislative
body of the local school district or, in the case of a regional school district, by the
legislative bodies of the participating towns. Such rejection shall be by a two-thirds
majority vote of the members of such legislative body or, in the case of a regional school
district, the legislative body of each participating town, present at a regular or special
meeting called and convened for such purpose within twenty-five days of the receipt
of the award. If the legislative body or legislative bodies, as appropriate, reject any such
award, they shall notify, within ten days after the vote to reject, the commissioner and
the exclusive representative for the teachers' or administrators' unit of such vote and
submit to them a written explanation of the reasons for the vote. Within ten days after
receipt of such notice, the exclusive representative of the teachers' or administrators'
unit shall prepare, and the board of education may prepare, a written response to such
rejection and shall submit it to such legislative body or legislative bodies, as appropriate,
and the commissioner. Within ten days after the commissioner has been notified of the
vote to reject, (A) the commissioner shall select a review panel of three arbitrators or, if
the parties agree, a single arbitrator, who are residents of Connecticut and labor relations
arbitrators approved by the American Arbitration Association and not members of the
panel who issued the rejected award, and (B) such arbitrators or single arbitrator shall
review the decision on each rejected issue. The review conducted pursuant to this subdivision shall be limited to the record and briefs of the hearing pursuant to subdivision
(2) of this subsection, the written explanation of the reasons for the vote and a written
response by either party. In conducting such review, the arbitrators or single arbitrator
shall be limited to consideration of the criteria set forth in subdivision (4) of this subsection. Such review shall be completed within twenty days of the appointment of the
arbitrators or single arbitrator. The arbitrators or single arbitrator shall accept the last
best offer of either of the parties. Within five days after the completion of such review,
the arbitrators or single arbitrator shall render a final and binding award with respect to
each rejected issue. The decision of the arbitrators or single arbitrator shall be in writing
and shall include the specific reasons and standards used by each arbitrator in making
his decision on each issue. The decision shall be filed with the parties. The reasonable
costs of the arbitrators or single arbitrator and the cost of the transcript shall be paid by
the legislative body or legislative bodies, as appropriate. Where the legislative body of
the school district is the town meeting, the board of selectmen shall have all of the
authority and responsibilities required of and granted to the legislative body under this
subdivision.
(8) The decision of the arbitrators or a single arbitrator shall be subject to judicial
review upon the filing by a party to the arbitration, within thirty days following receipt
of a final decision pursuant to subdivision (4) or (7), as appropriate, of a motion to vacate
or modify such decision in the superior court for the judicial district wherein the school
district involved is located. The superior court, after hearing, may vacate or modify the
decision if substantial rights of a party have been prejudiced because such decision is:
(A) In violation of constitutional or statutory provisions; (B) in excess of the statutory
authority of the panel; (C) made upon unlawful procedure; (D) affected by other error
of law; (E) clearly erroneous in view of the reliable, probative and substantial evidence
on the whole record; or (F) arbitrary or capricious or characterized by abuse of discretion
or clearly unwarranted exercise of discretion. In any action brought pursuant to this
subdivision to vacate or modify the decision of the arbitrators or single arbitrator, reasonable attorney's fees, costs and legal interest on salary withheld as the result of an appeal
of said decision may be awarded in accordance with the following: Where the board of
education moves to vacate or modify the decision and the decision is not vacated or
modified, the court may award to the organization which is the exclusive representative
reasonable attorney's fees, costs and legal interest on salary withheld as the result of an
appeal; or, where the organization which is the exclusive representative moves to vacate
or modify the decision and the decision is not vacated or modified, the court may award
to the board of education reasonable attorney's fees, costs and legal interest on salary
withheld as the result of an appeal.
(d) The commissioner and the arbitrators or single arbitrator shall have the same
powers and duties as the board under section 31-108 for the purposes of mediation
or arbitration pursuant to this section, and subsection (c) of section 10-153d, and all
provisions in section 31-108 with respect to procedure, jurisdiction of the Superior
Court, witnesses and penalties shall apply.
(e) The local or regional board of education and the organization designated or
elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, which are parties to a collective bargaining agreement,
and which, for the purpose of negotiating with respect to salaries, hours and other conditions of employment, mutually agree to negotiate during the term of the agreement or
are ordered to negotiate said agreement by a body of competent jurisdiction, shall notify
the commissioner of the date upon which negotiations commenced within five days
after said commencement. If the parties are unable to reach settlement twenty-five days
after the date of the commencement of negotiations, the parties shall notify the commissioner of the name of a mutually selected mediator and shall conduct mediation pursuant
to the provisions of subsection (b) of this section, notwithstanding the mediation time
schedule of subsection (b) of this section. On the fourth day next following the end of
the mediation session or on the fiftieth day following the date of the commencement of
negotiations, whichever is sooner, if no settlement is reached the parties shall commence
arbitration pursuant to the provisions of subsections (a), (c) and (d) of this section,
notwithstanding the reference to the budget submission date.
(f) The State Board of Education shall adopt regulations pursuant to chapter 54
concerning the method by which names of persons who are impartial representatives
of the interests of the public in general are placed on lists submitted by the State Board
of Education to the Governor for appointment to the arbitration panel established pursuant to subsection (a) of this section. Such regulations shall include, but not be limited
to (1) a description of the composition of the group which screens persons applying to
be such impartial representatives, which group shall include representatives of local
legislative and fiscal authorities and local and regional boards of education and exclusive
bargaining representatives of certified employees, (2) application requirements and procedures and (3) the selection criteria and process, including an evaluation of an applicant's experience in arbitration. Such regulations shall provide for a training program
for applicants who lack experience in arbitration but who are otherwise qualified and
shall describe the criteria for participation in the training program.
(February, 1965, P.A. 298, S. 5; 1969, P.A. 811, S. 5; P.A. 76-403, S. 6, 11; P.A. 77-614, S. 302, 304, 587, 610; P.A.
78-218, S. 87−91, 212; 78-303, S. 85, 136; P.A. 79-405, S. 1, 2; P.A. 80-483, S. 40, 186; P.A. 83-72, S. 5, 9; 83-342, S.
1, 2; P.A. 84-459, S. 1, 2; P.A. 85-343, S. 3−5; May Sp. Sess. P.A. 86-1, S. 26, 27, 58; P.A. 87-1, S. 4, 7; 87-206, S. 1−3;
87-250, S. 9, 11; P.A. 90-325, S. 22, 23, 32; P.A. 91-352; P.A. 92-84, S. 2, 3, 5−7; 92-170, S. 22, 23, 26; P.A. 97-177, S.
1, 2; P.A. 98-252, S. 11, 80; P.A. 00-204, S. 9, 13; 00-220, S. 9, 43.)
History: 1969 act inserted new Subsec. (a) re appointment of arbitration panel, made former Subsec. (a) new Subsec.
(b) and clarified secretary of state board's role in mediation procedure, deleted former Subsec. (b) except for provision
that arbitrators' decision is advisory and not binding which was incorporated into otherwise new provisions of Subsec. (c)
re selection of arbitrators, hearings, decision and payment of arbitrators' fees and added Subsec. (d) re general powers and
duties of secretary and arbitrators; P.A. 76-403 deleted provisions in Subsec. (a) which had given only temporary existence
to arbitration panel, amended Subsec. (b) to require mediation if agreement not reached within one hundred twenty days
of budget submission date, to allow parties to select mediator themselves, to provide per diem payment, to require confidentiality of communications and to require that secretary's recommendation be made within thirty days of beginning of mediation, amended Subsec. (c) to include specific timetable for actions, inserted new Subsecs. (d) and (e) concerning recommencement of negotiations upon failure of arbitration or rejection of contract and secretary's power to meet with group
involved and designated former Subsec. (d) as Subsec. (f); P.A. 77-614 and P.A. 78-303 substituted commissioner of
education for secretary of the state board of education and specified that arbitration panel is within department of education
under Subsec. (a), effective January 1, 1979; P.A. 78-218 substituted "local" for "town" boards of education and "chairperson" for "chairman" and made other technical changes; P.A. 79-405 amended Subsec. (a) to change number of panel
members from twenty-five to fifteen and specified that five each shall represent boards of education, bargaining representatives and the general public, amended Subsec. (c)(1) to require that third member of three-member panel represent interests
of general public, amended Subsec. (c)(4) to make decisions final and binding rather than advisory and to include provisions
concerning points of agreement and last best offer, added Subdiv. (7) in Subsec. (c) re judicial review, deleted former
Subsecs. (d) and (e) and designated Subsec. (f) as Subsec. (d); P.A. 80-483 gave subparagraphs in Subdivs. (4) and (7) of
Subsec. (c) alphabetic rather than numeric designators; P.A. 83-72 amended Subsec. (a) to increase size of arbitration
panel from fifteen to twenty-one by increasing each group of representatives from five to seven, to add provisions re
arbitrator remaining in office until successor is appointed and requiring arbitrator not reappointed to complete any matter
for which he was selected or appointed and to authorize governor to fill vacancies in manner provided in Sec. 4-19, amended
Subsec. (b) to decrease from one hundred twenty to one hundred ten days the length of time parties have to reach settlement
prior to initiating mediation, to allow parties to select mediator from outside panel and to decrease from thirty to twenty-
five the number of days commissioner may recommend a settlement to parties and amended Subsec. (c) to require that
report made to commissioner on settlement or lack of settlement be made in eighty-five days rather than ninety days, to
specify that chairperson of arbitration panel has between seventh and fifteenth day after designation to set date, time and
place for hearing to be held, rather than on tenth day, to increase hearing duration from twenty to twenty-five days, and to
specify that panel has twenty rather than fifteen days to render a decision in writing; P.A. 83-342 amended Subdiv. (7) of
Subsec. (c) to provide for awarding of reasonable attorney's fees, costs and legal interest on money withheld as the result
of an appeal of the decision of the arbitrators or single arbitrator; P.A. 84-459 amended Subdiv. (4) of Subsec. (c) to require
that the written decision of the arbitrators contain a narrative explaining the evaluation by the arbitrators of the evidence
presented for each item upon which a decision was rendered; P.A. 85-343 increased number of panel members from twenty-
one to twenty-three, adding two additional public members and added provision in Subsec. (c) re random designation of
arbitrator by commissioner; May Sp. Sess. P.A. 86-1 in Subsec. (a) increased the number of impartial representatives on
the arbitration panel from nine to fifteen, required that such representatives be state residents and have certain experience
and substituted a panel of labor arbitrators submitted by the American Arbitration Association for a list submitted by the
state board of education in Subdiv. (1) of Subsec. (c) provided that the commissioner designate rather than the arbitrators
select a third arbitrator and in Subdiv. (4) made technical changes; P.A. 87-1 made technical corrections; P.A. 87-206
amended Subsec. (a) to change the number of impartial representatives on the panel from fifteen to "not less than ten nor
more than fifteen" and to substitute lists of names submitted by the state board of education for a panel of labor arbitrators
submitted by the American Arbitration Association and in Subdiv. (1) of Subsec. (c) provided that the arbitrators select
rather than the commissioner designate a third arbitrator, unless the arbitrators fail to agree on the selection of a third within
five days, that the parties notify the commissioner of the name of the third arbitrator and that any recommendation or
selection by the commissioner of an impartial arbitrator be made at random, deleted provision that each party may refuse
to accept one designated member and made a technical change; P.A. 87-250 added Subsec. (e) re negotiations during the
term of an agreement; P.A. 90-325 in Subsec. (c) provided that if the parties agree to submit their dispute to a single
arbitrator the commissioner of education, rather than the parties, shall select the arbitrator and if the parties agree to submit
the dispute to three arbitrators the commissioner, rather than the arbitrators shall select the third arbitrator and made
technical changes in Subdiv. (1), in Subdiv. (2) provided that the chairperson or single arbitrator be selected rather than
designated and required that at the hearing a representative of the fiscal authority be heard, unless such opportunity is
waived, in Subdiv. (4) added that the decision state certain matters with particularity and that it incorporate an explanation
of how the total costs of all offers accepted was considered and added new Subsec. (f) re the adoption of regulations
concerning the method by which names of persons who are impartial representatives of the interests of the public in general
are placed on lists for appointment to the arbitration panel; P.A. 91-352 in Subsec. (c)(4) expanded the factors to be
considered by arbitrators to include offers and range of discussion prior to arbitration and financial capability of town or
towns in school district and to specify that changes in cost of living be averaged over preceding three years; P.A. 92-84
amended Subsec. (a) to require a term of two years for each member of the panel, replacing terms concurrent with that of
governor, amended Subsec. (b) to require the commissioner to order the parties to report settlement or commence mediation
on the one hundred seventieth day, rather than one hundred tenth day, prior to the budget submission date, and amended
Subsec. (c) to change the date by which the commissioner shall order the parties to report settlement or submit their dispute
to arbitration from the eighty-fifth to the one hundred forty-fifth day prior to the budget submission date in Subdiv. (1),
to move provision requiring the arbitrators or the single arbitrator to give priority to the public interest and the financial
capability of the town or towns in the school district in arriving at a decision and to require consideration of developments
in private sector wages and benefits, to delete provisions that the arbitration decision shall not be subject to rejection by
the legislative body or by referendum from Subdiv. (4), and to add Subdiv. (7) providing for rejection of any issue in the
decision of the arbitrators or single arbitrator by the legislative body of the local or regional school district; P.A. 92-170
amended Subsec. (b) to change one hundred seventieth to one hundred sixtieth day, and amended Subsec. (c) in Subdiv.
(1) to change forty-fifth to thirty-fifth day, in Subdiv. (2) to change seventh and fifteenth to fifth and twelfth, in Subdiv.
(4) to remove language prohibiting rejection by the legislative body of the school district and make technical changes, and
in Subdiv. (7) to add language concerning rejection in cases of regional school districts, to change thirty to twenty-five
days, to require the employee unit to prepare and submit a written response, to change the requirement that the arbitrators
be members of the American Arbitration Association to labor relations arbitrators approved by the association and residents
of Connecticut, to limit the review to the criteria set forth in Subdiv. (4), to remove language allowing the arbitrators to
render an award somewhere in between the last best offers, to require the decision to be in writing, to include specific
reasons and standards used, and to be filed with the parties, and to add language concerning the town meeting, effective
May 26, 1992, and applicable to arbitration proceedings commencing on or after that date; P.A. 97-177 amended Subdiv.
(1) of Subsec. (c) to add requirement for notification to the commissioner to include the name of the arbitrator if there is
agreement on a single arbitrator or agreement on the third arbitrator and provisions re lack of agreement on the arbitrator,
and amended Subdiv. (4) of Subsec. (c) to add provision re an irrebuttable presumption that a budget reserve of five per
cent or less is not available for payment of the cost of any item subject to arbitration under this chapter; P.A. 98-252
amended Subdiv. (1) of Subsec. (c) to give the parties five days to notify the commissioner of the name of the single
arbitrator in cases in which there is no settlement and the parties have agreed to submit their dispute to a single arbitrator,
effective July 1, 1998; P.A. 00-204 amended Subsec. (a) to add the provisions relating to minorities and the lists of names
submitted to the Governor, effective June 1, 2000; P.A. 00-220 amended Subdiv. (2) of Subsec. (c) to require the notice
to the fiscal authority to be sent by registered mail, return receipt requested, effective July 1, 2000.
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Cited. 162 C. 393. Sections 10-153a−10-153j include coverage of teachers employed in summer school programs. 177
C. 68, 70, 71. Since plaintiff was not a proper "party to the arbitration" he lacked standing to seek judicial review of the
arbitration award. 184 C. 116−120. Cited. 190 C. 235, 236. Cited. 197 C. 554−557, 559. Cited. 200 C. 376, 381. Teacher
negotiation act cited. 201 C. 685, 686, 696. Arbitration procedure prescribed "...is limited to negotiations of contracts".
202 C. 492−496, 498, 500, 502−504, 506−509. Cited. 205 C. 116, 127. Cited. 206 C. 113, 123. Cited. 216 C. 253, 257.
Teachers negotiation act (TNA) cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec.
10-153a et seq. cited. 234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited.
239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 27 CS 298. Arbitrators selected under this statute are all to be impartial. Former school board chairman and
personal friend of superintendent of schools cannot serve as impartial member of board. 27 CS 421. Cited. 30 CS 63. Cited.
38 CS 80, 85.
Subsec. (b):
Cited. 184 C. 116, 118, 119. Cited. 201 C. 685, 696. Cited. 202 C. 492, 505, 506, 508. Cited. 234 C. 704, 714.
Subsec. (c):
Subdiv. (1) cited. 184 C. 116, 118, 119. Subdiv. (2) cited. Id., 116, 118. Subdiv. (3) cited. Id. Subdiv. (4) cited. Id.,
116, 118, 119. Subdiv. (7) cited. Id., 116, 119, 120. Subdiv. (1) cited. 202 C. 492, 505, 506. Subdiv. (2) cited. Id., 492,
505. Subdiv. (4) cited. Id. Subdiv. (2) cited. 234 C. 704, 709, 717, 718. Subdiv. (1) cited. Id., 704, 714, 715. Subdiv. (3)
cited. Id., 704, 715. Subdiv. (4) cited. Id. Subdiv. (1) cited. 238 C. 183.
Cited. 35 CA 111, 113. Subdiv. (4) cited. Id., 111, 113, 114, 117−119.
Subsec. (d):
Cited. 234 C. 704, 717.
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(1969, P.A. 811, S. 6; P.A. 83-72, S. 6, 9; P.A. 87-250, S. 6, 11.)
History: P.A. 83-72 amended internal reference to include all statutory provisions concerning negotiation, Secs. 10-
153a to 10-153n, inclusive; P.A. 87-250 included hours as a subject of negotiations to which the provisions of Secs. 10-
153a to 10-153n, inclusive, shall apply.
Cited. 162 C. 393, 577. Sections 10-153a−10-153j include coverage of teachers employed in summer school programs.
177 C. 68, 70, 71. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686, 693; 202
C. 492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers
negotiation act (TNA) cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a
et seq. cited. 234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(1969, P.A. 811, S. 7; P.A. 76-403, S. 7, 11.)
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(b) If a statutory agent for service dies, dissolves, removes from the state or resigns,
the organization shall forthwith appoint another statutory agent for service. If the statutory agent for service changes such agent's address within the state from that appearing
upon the record in the office of the commissioner, the organization shall forthwith file
with the commissioner notice of the new address. A statutory agent for service may
resign by filing with the commissioner a signed statement in duplicate to that effect.
The commissioner shall forthwith file one copy and mail the other copy of such statement
to the organization at its principal office. Upon the expiration of thirty days after such
filing, the resignation shall be effective and the authority of such statutory agent for
service shall terminate. An organization may revoke the appointment of a statutory
agent for service by making a new appointment as provided in this section and any new
appointment so made shall revoke all appointments theretofore made.
(P.A. 76-403, S. 9, 11; P.A. 77-614, S. 302, 610; P.A. 78-218, S. 92.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979; P.A. 78-218 made technical change in Subsec. (b) substituting "such agent's" for "his or its".
Sections 10-153a−10-153j include coverage of teachers employed in summer school programs. 177 C. 68, 70, 71. Cited.
186 C. 725, 737. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C.
492, 493, 495, 500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation
act (TNA) cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited.
234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(b) If it appears from the records of the commissioner that such an organization has
failed to appoint or maintain a statutory agent for service, or if it appears by affidavit
endorsed on the return of the officer or other proper person directed to serve any process,
notice or demand upon such a statutory agent for service appearing on the records of
the commissioner that such agent cannot, with reasonable diligence, be found at the
address shown on such records as the agent's address, service of such process, notice
or demand may, when timely made, be made by such officer or other proper person by:
(1) Leaving a true and attested copy thereof at the office of the commissioner or depositing the same in the United States mails, by registered or certified mail, postage prepaid,
addressed to such office, and (2) depositing in the United States mails, by registered or
certified mail, postage prepaid, a true and attested copy thereof, together with a statement
by such officer that service is being made pursuant to this section, addressed to such
organization at its principal office and to each person named in such process, notice or
demand.
(c) The commissioner shall file the copy of each process, notice or demand received
by him as provided in subsection (b) and keep a record of the day and hour of such receipt.
Service made as provided in this section shall be effective as of such day and hour.
(P.A. 76-403, S. 10, 11; P.A. 77-614, S. 302, 610.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979.
Sections 10-153a−10-153j include coverage of teachers employed in summer school programs. 177 C. 68, 70, 71. Cited.
186 C. 725, 737. Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C.
704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(P.A. 79-504, S. 2, 4; P.A. 83-72, S. 7, 9.)
History: P.A. 83-72 applied all statutory provisions concerning teacher negotiation act, Secs. 10-153a to 10-153n,
inclusive, to certified employees of incorporated or endowed high schools or academies.
See Sec. 10-153l re time when Sec. 10-151 and this section take effect with respect to incorporated or endowed high
schools or academies.
Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C. 492, 493, 495,
500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C.
704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(P.A. 79-504, S. 3, 4.)
See Sec. 10-153k re applicability of this section to incorporated or endowed high schools or academies.
Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C. 492, 493, 495,
500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C.
704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiation act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(P.A. 80-192.)
Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C. 492, 493, 495,
500, 502−504, 507; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C.
704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiations act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(P.A. 82-225, S. 2, 3; 82-472, S. 167, 183; P.A. 83-72, S. 8, 9.)
History: P.A. 82-472 specified applicability of Sec. 10-151 provisions; P.A. 83-72 incorporated reference to all statutory
provisions concerning teacher negotiation law, Secs. 10-153a to 10-153m, inclusive.
Cited. 190 C. 235, 236. Cited. 200 C. 376, 381. Teacher negotiation act cited. 201 C. 685, 686; 202 C. 492, 493, 495,
500, 502−504, 506; 205 C. 116, 127; 206 C. 113, 123. Cited. Id. Cited. 216 C. 253, 257. Teachers negotiation act (TNA)
cited. 217 C. 110, 111, 114−116, 118, 120, 127, 129. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C.
704, 705, 707, 711, 714, 715, 717. Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Cited. 5 CA 253, 264−266, 272. Teacher negotiation act cited. Id. Connecticut teacher negotiation act, Secs. 10-153a−
10-153n cited. 23 CA 727, 732. Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
Cited. 38 CS 80, 85.
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(P.A. 90-325, S. 24, 32; P.A. 95-182, S. 4, 11.)
History: P.A. 95-182 removed provision requiring commissioner to request the parties in all arbitration proceedings to
submit written evaluations of awards, effective June 28, 1995.
Teacher Negotiation Act (TNA) Sec. 10-153a et seq. cited. 234 C. 704, 705, 707, 711, 714, 715, 717. Teacher Negotiation
Act (TNA) Sec. 10-153a et seq. cited. 239 C. 32.
Teacher Negotiation Act (TNA) cited. 35 CA 111, 112, 118, 119.
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(P.A. 90-325, S. 25−27, 32; P.A. 90-339, S. 5, 6; P.A. 92-262, S. 14, 42; P.A. 97-247, S. 26, 27.)
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(1949 Rev., S. 1441; P.A. 78-218, S. 211.)
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(b) Any such professional employee shall not be required to disclose any information acquired through a professional communication with a student, when such information concerns alcohol or drug abuse or any alcoholic or drug problem of such student
but if such employee obtains physical evidence from such student indicating that a crime
has been or is being committed by such student, such employee shall be required to turn
such evidence over to school administrators or law enforcement officials within two
school days after receipt of such physical evidence, provided if such evidence is obtained
less than two days before a school vacation or the end of a school year, such evidence
shall be turned over within two calendar days after receipt thereof, excluding Saturdays,
Sundays and holidays, and provided further in no such case shall such employee be
required to disclose the name of the student from whom he obtained such evidence and
such employee shall be immune from arrest and prosecution for the possession of such
evidence obtained from such student.
(c) Any physical evidence surrendered to a school administration pursuant to subsection (b) of this section shall be turned over by such school administrator to the Commissioner of Consumer Protection or the appropriate law enforcement agency within
three school days after receipt of such physical evidence, for its proper disposition,
provided if such evidence is obtained less than three days before a school vacation or
the end of a school year, such evidence shall be turned over within three calendar days
from receipt thereof, excluding Saturdays, Sundays and holidays.
(d) Any such professional employee who, in good faith, discloses or does not disclose, such professional communication, shall be immune from any liability, civil or
criminal, which might otherwise be incurred or imposed, and shall have the same immunity with respect to any judicial proceeding which results from such disclosure.
(1971, P.A. 261, S. 1-3; 1972, P.A. 64; P.A. 78-29; 78-208, S. 29, 35; 78-218, S. 103.)
History: 1972 act amended Subsec. (a) to define "school" rather than "public school", including private elementary
and secondary schools in the definition and deleting "public" with reference to schools throughout the subsection and to
redefine "professional employee" to include registered nurses employed in schools; P.A. 78-29 provided time limits for
turning over physical evidence of crime in Subsec. (b), inserted new Subsec. (c) providing time limits for surrender of
evidence to proper authority by school administrators and relettered former Subsec. (c) as Subsec. (d); P.A. 78-208 clarified
definition of "school" in Subsec. (a); P.A. 78-218 substituted "such student's" for "his" in Subdiv. (4) of Subsec. (a).
Cited. 216 C. 253, 257.
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(1949, S. 939d; 1959, P.A. 413, S. 1; 1969, P.A. 237, S. 1; P.A. 82-218, S. 39, 46; P.A. 91-256, S. 44, 69.)
History: 1959 act deleted provision for an Emergency Scholarship Fund; 1969 act substituted board of trustees for the
state colleges for state board of education; P.A. 82-218 replaced "state colleges" with "Connecticut State University"
pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 91-256 made a technical change.
Cited. 152 C. 151. Cited. 216 C. 253, 257.
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(1967, P.A. 761, S. 1−4; 1969, P.A. 230; P.A. 75-556, S. 1−3; P.A. 77-573, S. 24, 30; P.A. 78-218, S. 104−106; P.A.
82-218, S. 37, 46; P.A. 83-105, S. 3.)
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(1967, P.A. 761, S. 5; P.A. 77-573, S. 24, 30; P.A. 78-218, S. 107; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 78-218 removed
obsolete provision re report to governor on November 15, 1968, and deleted Connecticut research commission and Connecticut commission on aid to higher education as agencies to be consulted concerning coordination of activities relative to
teacher preparation; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization
of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.
Cited. 216 C. 253, 257.
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(1971, P.A. 414; P.A. 73-324; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 73-324 required report to education committee on or before February 1, 1974; P.A. 77-573 replaced
commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with
board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added
"of higher education" to board of governors' title.
Cited. 216 C. 253, 257.
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(P.A. 78-203.)
Cited. 216 C. 253, 257.
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(P.A. 85-554, S. 1, 6.)
Cited. 216 C. 253, 257.
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(P.A. 85-554, S. 2, 6; P.A. 88-136, S. 36, 37.)
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(b) The Department of Education shall establish a pilot program, within available
appropriations, to assist paraprofessionals employed by boards of education to become
certified teachers. Such assistance may include, but shall not be limited to, payment of
the tuition directly related to the training necessary to become a certified teacher and
payment of the salary of each participating paraprofessional while such paraprofessional
is enrolled full-time in a teacher training program for half of any school year or the
equivalent, or for one full school year, or both.
(c) In implementing such pilot program: (1) The Department of Education shall
select not more than ten school districts to participate in such program; (2) the Commissioner of Education and the Commissioner of Higher Education shall identify institutions
of higher education to provide the necessary teacher training program, and (3) each
participating school district shall select, subject to the provisions of subsection (d) of
this section, paraprofessionals to participate in such program. The Department of Education, in cooperation with the Department of Higher Education, shall establish guidelines
to implement the provisions of this subsection.
(d) On and after July 1, 1995, participation in the program established pursuant to
this section shall be limited to paraprofessionals who were participating in the program
prior to said date. The program shall terminate on July 1, 2001.
(P.A. 89-355, S. 15, 20; P.A. 91-361, S. 1, 2; P.A. 95-226, S. 15, 30.)
History: P.A. 91-361 in Subsec. (b) required that program be within available appropriations and provided for assistance
for half of "any" rather than "each" school year or for one full school year, or both and in Subsec. (c) substituted ten for
five school districts; P.A. 95-226 added Subsec. (d) re limitation on participation in program and its termination date,
effective July 1, 1995.
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