Sec. 10-145i. Limitation on issuance and reissuance of certificates, authorizations or permits to certain individuals. 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, authorization or permit pursuant to said sections if (1) the
applicant for such certificate, authorization or permit 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-291; (E) a crime involving an act of child
abuse or neglect as described in section 46b-120; or (F) a violation of section 53-21,
53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-99, 53a-103a, 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.
(P.A. 00-220, S. 41, 43; P.A. 01-173, S. 54, 67; P.A. 03-168, S. 5.)
History: P.A. 00-220 effective July 1, 2000; P.A. 01-173 amended Subdiv. (1) to redesignate Subpara. (E) as Subpara.
(F), add new Subpara. (E) re crime involving act of child abuse or neglect, expand the list of crimes in Subpara. (F), and
make technical changes, effective July 1, 2001; P.A. 03-168 added "authorization or permit", effective July 1, 2003.
Sec. 10-146. Transferred to Sec. 10-145a.
Sec. 10-146a. Advisory board on state certification of teachers. Section 10-146a is repealed.
(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.)
Sec. 10-146b. Extension of period to complete requirements for teaching certificates. 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.
(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; P.A. 02-89, S. 13.)
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; P.A. 02-89 deleted Subsec. (a) designator and deleted as obsolete former Subsec. (b) re waiver
of compliance with revised statutes or regulations establishing teacher certification standards for certain persons requesting
such waiver by September 1, 1990.
Cited. 210 C. 286, 289, 292.
Sec. 10-146c. Interstate Agreement on Qualification of Educational Personnel. The Interstate Agreement on Qualification of Educational Personnel is hereby enacted into law and entered into by this state with all states legally joining therein, in the
form substantially as follows:
Article I
Purpose, Findings, and Policy
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.
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.
Article II
Definitions
As used in this agreement and contracts made pursuant to it, unless the context clearly
requires otherwise:
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.
Article III
Interstate Educational Personnel Contracts
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.
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.
Article IV
Approved and Accepted Programs
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.
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.
Article V
Interstate Cooperation
The party states agree that:
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.
Article VI
Agreement Evaluation
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.
Article VII
Other Arrangements
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.
Article VIII
Effect and Withdrawal
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.
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.
Article IX
Construction and Severability
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.
(1969, P.A. 269, S. 1.)
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.
(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.
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.
(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.
Sec. 10-146f. Waiver of certification requirements for bilingual teachers. Section 10-146f is repealed.
(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.)
Secs. 10-147 and 10-148. Kindergarten certificates. Teacher to have certificate. Sections 10-147 and 10-148 are repealed.
(1949 Rev., S. 1434, 1435; 1961, P.A. 517, S. 117; 1963, P.A. 196.)
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.
(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.
Sec. 10-149a. Felony conviction or fine pursuant to mandated reporting provisions. Notification by state's attorney. If a person holding a certificate, authorization
or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, is convicted of a felony or fined pursuant to section 17a-101a, the state's attorney or assistant state's attorney for the judicial district in which
the conviction or fine occurred shall notify, in writing, the Commissioner of Education
of such conviction or fine.
(P.A. 02-106, S. 7.)
History: P.A. 02-106 effective July 1, 2002.
Secs. 10-150 and 10-150a. School registers. Sections 10-150 and 10-150a are
repealed.
(1949 Rev., S. 1437; 1963, P.A. 293, S. 1, 2; 1971, P.A. 44.)
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:
(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 (e) 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; P.A. 01-173, S. 16, 67.)
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; P.A. 01-173
amended Subsec. (d) to make technical changes, effective July 1, 2001; (Revisor's note: In 2005 the Revisors changed the
reference to "subsection (f)" in the phrase "shall have the right to appeal in accordance with the provisions of subsection
(f) of this section", at the end of Subsec. (c), to "subsection (e)", to correctly reflect the relettering of the subsections by
P.A. 95-58).
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. Assistant superintendent is "below the rank of superintendent" and thus a teacher as defined in this section.
261 C. 287.
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.
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.
(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.
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.
Claims of failure to follow the established procedures of such evaluation programs shall
be subject to the grievance procedure in collective bargaining agreements negotiated
subsequent to July 1, 2004. 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.
(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; P.A. 04-137, S. 1.)
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; P.A. 04-137 amended Subsec. (a) by adding provision re claims of failure to follow procedures of evaluation programs,
effective May 21, 2004.
See Sec. 10-222e re evaluation and termination of coaches.
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.
Sec. 10-151c. Nondisclosure of records of teacher performance and evaluation. Exceptions. 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 such teacher's records
by a board of education. Such consent shall be required for each request for a release
of such records. Notwithstanding any provision of the general statutes, records maintained or kept on file by any local or regional board of education which are records of
the personal misconduct of a teacher shall be deemed to be public records and shall
be subject to disclosure pursuant to the provisions of subsection (a) of section 1-210.
Disclosure of such records of a teacher's personal misconduct shall not require the
consent of the teacher. For the purposes of this section, "teacher" includes 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.
(P.A. 84-276, S. 1, 2; P.A. 02-138, S. 20.)
History: P.A. 02-138 added provision that records of personal misconduct of a teacher shall be deemed to be public
records and subject to disclosure pursuant to Sec. 1-210(a) and that disclosure of such records do not require the consent
of the teacher and made technical changes including a change for purposes of gender neutrality.
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. Documents concerning teacher's misconduct occurring during class time but unrelated to
teaching do not constitute records of employee performance and evaluation within meaning of statute exempting teacher
performance evaluations from disclosure. 59 CA 20. Section designed to prevent parents from "teacher shopping" in public
schools by looking at evaluations and then demanding that their children be placed with one specific teacher. 82 CA 604.
Sec. 10-152. Discrimination in salaries of teachers. Section 10-152 is repealed.
(1949 Rev., S. 1439; P.A. 78-218, S. 211.)
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.
(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.
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.
(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.
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 professional
employees who hold a certificate or durational shortage area permit issued by the State
Board of Education under the provisions of sections 10-144o to 10-149, inclusive, and
are employed by a local or regional board of education in positions requiring such a
certificate or durational shortage area permit 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.
(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; P.A. 03-174, S. 15.)
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; P.A. 03-174 amended Subsec. (a)(2) to include holders
of durational shortage area permits as part of the teachers' unit, effective July 1, 2003.
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.
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.
(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.
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.
(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.
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.
(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.
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 or 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 or 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 that 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 any day during which such person 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.
(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; P.A. 01-173, S. 17, 18, 67.)
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; P.A. 01-173 amended
Subsecs. (a) and (c)(2) to make technical changes, effective July 1, 2001.
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. Subdiv. (7) required arbitration review panel to
take second look at the evidence in light of the same statutory criteria that arbitration panel or single arbitrator is required
to consider which is the essence of a de novo standard of review and the legislative history of statute supports conclusion
that review panel properly conducted a de novo review of arbitration panel's award. 259 C. 5.
Cited. 35 CA 111, 113. Subdiv. (4) cited. Id., 111, 113, 114, 117-119.
Subsec. (d):
Cited. 234 C. 704, 717.
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.
(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.
Sec. 10-153h. Appropriation. Section 10-153h is repealed.
(1969, P.A. 811, S. 7; P.A. 76-403, S. 7, 11.)
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(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.)
Sec. 10-154. Homes and transportation for teachers. Section 10-154 is repealed.
(1949 Rev., S. 1441; P.A. 78-218, S. 211.)
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.
(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; June 30 Sp. Sess. P.A. 03-6, S.
146(c); P.A. 04-189, S. 1.)
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); June
30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer
Protection in Subsec. (c), effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Cited. 216 C. 253, 257.
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.
(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.
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.
(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.)
Sec. 10-155d. Preparation of teachers. Alternate route programs. (a) 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.
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 the board. In carrying out its activities pursuant to this section,
the 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.
(b) The Department of Higher Education, with the approval of the Commissioner
of Education, shall expand, within available appropriations, participation in its summer
alternate route to certification program and its weekend and evening alternate route to
certification program. The department shall expand the weekend and evening program
for participants seeking certification in a subject shortage area pursuant to section 10-8b. The department, in collaboration with the Department of Education, shall develop
(1) a regional alternate route to certification program targeted to the subject shortage
areas, and (2) an alternate route to certification program for former teachers whose
certificates have expired and who are interested in resuming their teaching careers.
(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; June
Sp. Sess. P.A. 01-1, S. 6, 54; P.A. 03-76, S. 45; P.A. 04-26, S. 3.)
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;
June Sp. Sess. P.A. 01-1 designated existing provisions as Subsec. (a), made technical changes and added Subsec. (b) re
alternate route programs, effective July 1, 2001; P.A. 03-76 made technical changes in Subsec. (b), effective June 3, 2003;
P.A. 04-26 made a technical change in Subsec. (b)(1), effective April 28, 2004.
Cited. 216 C. 253, 257.
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.
(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.