Connecticut Seal

Substitute Senate Bill No. 1014

Public Act No. 17-68

AN ACT CONCERNING VARIOUS REVISIONS AND ADDITIONS TO THE EDUCATION STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 84 of public act 13-3, as amended by section 15 of public act 13-122, section 191 of public act 13-247, section 73 of public act 14-98, section 1 of public act 15-5 and section 1 of public act 16-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the fiscal years ending June 30, 2013, to June 30, [2017] 2018, inclusive, the Departments of Emergency Services and Public Protection, Administrative Services and Education shall jointly administer a school security infrastructure competitive grant program to reimburse a town, regional educational service center, the governing authority for a state charter school, the Department of Education on behalf of the technical high school system, an incorporated or endowed high school or academy approved by the State Board of Education pursuant to section 10-34 of the general statutes and the supervisory agent for a nonpublic school, including a licensed child care center or preschool that has received threats, for certain expenses for schools incurred on or after January 1, 2013, for: (1) The development or improvement of the security infrastructure of schools, based on the results of school building security assessments pursuant to subsection (d) of this section, including, but not limited to, the installation of surveillance cameras, penetration resistant vestibules, ballistic glass, solid core doors, double door access, computer-controlled electronic locks, entry door buzzer systems, scan card systems, panic alarms, real time interoperable communications and multimedia sharing infrastructure or other systems; and (2) (A) the training of school personnel in the operation and maintenance of the security infrastructure of school buildings, or (B) the purchase of portable entrance security devices, including, but not limited to, metal detector wands and screening machines and related training.

(b) (1) On and after April 4, 2013, each local and regional board of education may, on behalf of its town or its member towns, apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such board of education incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. Prior to the date that the School Safety Infrastructure Council makes its initial submission of the school safety infrastructure standards, pursuant to subsection (c) of section 10-292r of the general statutes, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall determine which expenses are eligible for reimbursement under the program. On and after the date that the School Safety Infrastructure Council submits the school safety infrastructure standards, the decision to approve or deny an application and the determination of which expenses are eligible for reimbursement under the program shall be in accordance with the most recent submission of the school safety infrastructure standards, pursuant to subsection (c) of section 10-292r of the general statutes.

(2) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, a regional educational service center may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such regional educational service center incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(3) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, the governing authority for a state charter school may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such governing authority incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(4) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, the superintendent of the technical high school system may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools in the technical high school system incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(5) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, an incorporated or endowed high school or academy may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(6) (A) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, the supervisory agent for a nonpublic school may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such supervisory agent incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(B) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, ten per cent of the funds available under the program shall be awarded to the supervisory agents of nonpublic schools, in accordance with the provisions of subdivision (6) of subsection (c) of this section.

(c) (1) A town may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined as follows: (A) Each town shall be ranked in descending order from one to one hundred sixty-nine according to town wealth, as defined in subdivision (26) of section 10-262f of the general statutes, (B) based upon such ranking, a percentage of not less than twenty or more than eighty shall be assigned to each town on a continuous scale, and (C) the town ranked first shall be assigned a percentage of twenty and the town ranked last shall be assigned a percentage of eighty.

(2) A regional educational service center may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the population of each member town in the regional educational service center by such town's ranking, as determined in subsection (a) of section 10-285a of the general statutes; (B) adding together the figures for each town determined under subparagraph (A) of this subdivision; and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such center shall receive the same reimbursement percentage as would a town with the same rank.

(3) The governing authority for a state charter school may receive a grant equal to a percentage of its eligible expenses that is the same as the town in which such state charter school is located, as calculated pursuant to subdivision (1) of this subsection.

(4) The Department of Education, on behalf of the technical high school system, may receive a grant equal to one hundred per cent of its eligible expenses.

(5) An incorporated or endowed high school or academy may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261 of the general statutes, of each town which at the time of application for such school security infrastructure competitive grant has designated such school as the high school for such town for a period of not less than five years from the date of such application, by such town's percentile ranking, as determined in subsection (a) of section 10-285a of the general statutes, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate the school as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subsection shall be rounded to the next higher whole number. Such incorporated or endowed high school or academy shall receive the reimbursement percentage of a town with the same rank.

(6) The supervisory agent for a nonpublic school may receive a grant equal to fifty per cent of its eligible expenses.

(d) (1) For the fiscal year ending June 30, 2014, if there are not sufficient funds to provide grants to all towns, based on the percentage determined pursuant to subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners based on school building security assessments of the schools under the jurisdiction of the town's school district conducted pursuant to this subdivision. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of such school building security assessment and succeeding priority to applicants on behalf of schools located in priority school districts pursuant to section 10-266p of the general statutes. To be eligible for reimbursement pursuant to this section, an applicant board of education shall (A) demonstrate that it has developed and periodically practices an emergency plan at the schools under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

(2) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, if there are not sufficient funds to provide grants to all applicants that are towns, regional educational service centers, governing authorities for state charter schools, the Department of Education, on behalf of the technical high school system, and incorporated or endowed high schools or academies based on the percentage determined pursuant to subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners based on school building security assessments of the schools under the jurisdiction of the applicant conducted pursuant to this subdivision. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of such school building security assessment and succeeding priority to applicants on behalf of schools located in priority school districts pursuant to section 10-266p of the general statutes. To be eligible for reimbursement pursuant to this section, an applicant shall (A) demonstrate that it has developed and periodically practices an emergency plan at the schools under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

(3) For the fiscal years ending June 30, 2015, [June 30, 2016, and June 30, 2017] to June 30, 2018, if there are not sufficient funds to provide grants to all applicant supervisory agents for nonpublic schools, based on the percentages described in subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of application. To be eligible for reimbursement pursuant to this section, an applicant supervisory agent for a nonpublic school shall (A) demonstrate that it has developed and periodically practices an emergency plan at the school under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

Sec. 2. Subsection (c) of section 10-145f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(c) Notwithstanding the provisions of this section and section 10-145b, the following persons shall be eligible for a nonrenewable temporary certificate: (1) A person who has resided in a state other than Connecticut during the year immediately preceding application for certification in Connecticut and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or university outside of the state and regionally accredited, and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, [and] (3) a person hired by a charter school after July first in any school year for a teaching position that school year, provided the person hired after said date could reasonably be expected to complete the requirements prescribed in subparagraphs (B) and (C) of subdivision (1) of subsection (c) of section 10-145b, and (4) a person who has taught under an appropriate certificate issued by another state, territory or possession of the United States or the District of Columbia or the Commonwealth of Puerto Rico for two or more years. The nonrenewable temporary certificate shall be valid for one year from the date it is issued, except the State Board of Education may extend a temporary certificate for an additional two years (A) in the certification endorsement area of bilingual education issued under this subsection [for an additional two years] to a person who is employed by a local or regional board of education and providing instruction as part of a program of bilingual instruction, as defined in section 10-17e, or (B) to a person described in subdivision (4) of this subsection.

Sec. 3. Section 10-145m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The State Board of Education, upon receipt of a proper application, shall issue a resident teacher certificate to any applicant in the certification endorsement areas of elementary education, middle grades education, secondary academic subjects, special subjects or fields, special education, early childhood education and administration and supervision, who (1) holds a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education or Office of Higher Education or regionally accredited, (2) possesses a minimum undergraduate college cumulative grade point average of 3.00, (3) has achieved a qualifying score, as determined by the State Board of Education, on the appropriate State Board of Education approved subject area assessment, and (4) is enrolled in an alternate route to certification program, approved by the State Board of Education, that meets the guidelines established by the No Child Left Behind Act, P.L. 107-110.

(b) Each such resident teacher certificate shall be valid for [one year] two years, and may be extended by the Commissioner of Education for an additional one year for good cause upon the request of the superintendent of schools for the school district employing such person.

(c) During the period of employment in a public school, a person holding a resident teacher certificate shall be the teacher of record and be under the supervision of the superintendent of schools or of a principal, administrator or supervisor designated by such superintendent who shall regularly observe, guide and evaluate the performance of assigned duties by such holder of a resident teacher certificate.

(d) Notwithstanding the provisions of subsection (a) of section 10-145b, on and after July 1, 2009, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate, which shall be valid for three years, to any person who (1) successfully completed an alternate route to certification program, approved by the State Board of Education, that meets the guidelines established by the No Child Left Behind Act, P.L. 107-110, (2) taught successfully as the teacher of record while holding a resident teacher certificate, and (3) meets the requirements established in subsection (b) of section 10-145f.

Sec. 4. Subsection (a) of section 10-15b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Either parent or legal guardian of a minor student shall, upon written request to a local or regional board of education and within a reasonable time, be entitled to knowledge of and access to all educational, medical, or similar records maintained in such student's cumulative record, except that no parent or legal guardian shall be entitled to information considered privileged under section 10-154a. Nothing in this section shall be construed to limit a parent who is incarcerated from being entitled to knowledge of and access to all educational, medical or similar records maintained in the cumulative record of any minor student of such incarcerated parent, except that such incarcerated parent shall not be entitled to such records if (1) such information is considered privileged under section 10-154a, (2) such incarcerated parent has been convicted in this state or any other state of a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or (3) such incarcerated parent is prohibited from knowledge of or access to such student's cumulative record pursuant to a court order.

Sec. 5. Section 10-144d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) For purposes of this section "teacher" means a certified professional employee who is employed by a local or regional board of education (1) in a position requiring a teaching or other certificate issued by the State Board of Education but who is not in a position requiring an intermediate administrator or supervisor certificate, or the equivalent thereof, and (2) whose administrative or supervisory duties, if any, equal less than fifty per cent of the assigned time of such employee.

(b) There is established the Connecticut Advisory Council for Teacher Professional Standards. The council shall be composed of seventeen members appointed as follows: The Governor shall appoint one public member who shall represent business and industry; the State Board of Education shall appoint two members, one of whom shall be a member of the faculty or administration of a State Board of Education approved teacher preparation program and one of whom shall be a public member who shall represent business and industry; the president pro tempore of the Senate shall appoint one member who shall represent business and industry; the speaker of the House of Representatives shall appoint one member who shall be a parent of a child attending a public elementary or secondary school; the majority leader of the Senate shall appoint one member who shall be a member of a local or regional board of education; the majority leader of the House of Representatives shall appoint one member who shall be a school superintendent; the minority leader of the Senate shall appoint two members, one of whom shall be a public member and one of whom shall be a parent of a child attending a public elementary or secondary school; the minority leader of the House of Representatives shall appoint two members, one of whom shall be a public member and one of whom shall be a school administrator; the Connecticut Education Association shall appoint four members who shall be classroom teachers at the time of their appointment and during the term of their membership on the council, two of whom shall be elementary school teachers; and the [Connecticut Federation of Educational and Professional Employees] American Federation of Teachers-Connecticut shall appoint two members who shall be classroom teachers at the time of their appointment and during the term of their membership on the council, one of whom shall be an elementary school teacher. All appointments shall be made and the names of the persons appointed shall be submitted to the Commissioner of Education not later than October 1, 1990.

(c) The initial terms for the members appointed by the Governor, the State Board of Education and the majority and minority leaders of the House of Representatives, two of the members appointed by the Connecticut Education Association and one of the members appointed by the [Connecticut State Federation of Teachers] American Federation of Teachers-Connecticut shall terminate on September 30, 1991. The initial terms for all other members shall terminate on September 30, 1992. Terms following the initial terms shall be for three years, except that terms following the initial terms for the members appointed by the Governor and the State Board of Education, and terms following the initial terms for two of the members appointed by the Connecticut Education Association, shall terminate on September 30, 1993; and terms following the initial terms for the members appointed by the president pro tempore of the Senate and terms following the initial terms for one of the members appointed by the Connecticut Education Association shall terminate on September 30, 1994; thereafter, terms for such appointees shall be for three years.

(d) The Commissioner of Education shall convene the first meeting of the council not later than November 15, 1990. The council shall establish its procedures and shall select from its membership a chairperson who shall be a classroom teacher.

(e) The council shall (1) advise the State Board of Education, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education concerning teacher preparation, teacher recruitment, teacher retention, teacher certification, teacher professional development, teacher assessment and evaluation and teacher professional discipline; (2) review and comment upon all regulations and other standards concerning the approval of teacher preparation programs and teacher certification; (3) report to the State Board of Education, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education not later than January 15, 1991, and annually thereafter, on its activities and recommendations, if any, concerning the condition of the teaching profession; and (4) develop a code of professional responsibility for teachers not later than September 30, 1991.

Sec. 6. Section 10-91h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Each local and regional board of education shall annually provide to the Auditors of Public Accounts (1) the number of students under the jurisdiction of such board of education who receive special education and related services from a private provider of special education services, [as defined in section 10-91g,] and (2) the amount of money paid to such private providers of special education services by the board during the previous fiscal year.

(b) Each local and regional board of education that has entered into an agreement pursuant to section 10-76d with a private provider of special education services, shall submit to an audit conducted by the Auditors of Public Accounts for the purposes of examining such board's monitoring of student attendance at such private provider of special education services to ensure that proper services are being provided and costs are being controlled. Such board shall provide access to all records and accounts necessary to said auditors for purposes of conducting such audit.

Sec. 7. (NEW) (Effective July 1, 2017) Any agreement entered into or amended on or after July 1, 2017, pursuant to section 10-76d of the general statutes, between a local or regional board of education and a private provider of special education services, as defined in section 10-91g of the general statutes, may include the following provisions: (1) A requirement that such private provider of special education services submit monthly or quarterly reports to such board regarding the specific services and frequency of such services being provided by such private provider of special education services to students under the agreement, and (2) authorization for such board to (A) review and reconcile such reports to the contracted services described in the agreement, or (B) conduct periodic site visits at the location where such private provider of special education services provides services.

Sec. 8. (Effective July 1, 2017) (a) For the school years commencing July 1, 2017, to July 1, 2026, inclusive, the local or regional boards of education for each town located within twelve miles of the school districts of West Hartford, New Haven, Shelton, Stamford and Montville, shall participate in a pilot program to provide school transportation services for resident students to attend an equivalent nonpublic school located in the school districts of West Hartford, New Haven, Shelton, Stamford and Montville. Any request made by a resident student for the provision of such transportation services under this section shall be made to the local or regional board of education for the town of such resident student at least thirty days prior to receiving such transportation services. For purposes of this subsection, "resident student" means any student who is a resident of a town located within twelve miles of the school districts of West Hartford, New Haven, Shelton, Stamford and Montville, and, for the school years commencing July 1, 2017, to July 1, 2026, inclusive, is enrolled in a nonpublic school located in the school districts of West Hartford, New Haven, Shelton, Stamford and Montville.

(b) The local or regional board of education for the town of any resident student who requests and receives transportation services under subsection (a) of this section shall be reimbursed in an amount equal to the cost of such transportation for such resident student by either the resident student or by the nonpublic school in which such resident student is enrolled.

(c) A local or regional board of education shall not be required to provide such transportation services under this section if fewer than ten resident students request such board to provide such transportation services.

(d) A local or regional board of education providing such transportation services under this section may designate one or more pick-up and drop-off locations within the town.

Sec. 9. Section 10-221d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Each local and regional board of education, each governing council of a state or local charter school, [and] each interdistrict magnet school operator and each supervisory agent of a nonpublic school shall (1) require each applicant for a position in a public school with such board, council or operator or nonpublic school with such supervisory agent to state whether such applicant has ever been convicted of a crime or whether criminal charges are pending against such applicant, (2) require each applicant to submit to a records check of the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, before such applicant may be hired by such board, council, [or] operator or supervisory agent, (3) on and after July 1, [2016] 2017, require, subject to the provisions of subsection (d) of this section, each applicant for a position to submit to state and national criminal history records checks within thirty days from the date of employment and may require, subject to the provisions of subsection (d) of this section, any person hired prior to said date to submit to state and national criminal history records checks, and (4) require each worker (A) placed within a school under a public assistance employment program, (B) employed by a provider of supplemental services pursuant to the No Child Left Behind Act, P.L. 107-110, or (C) in a nonpaid, noncertified position completing preparation requirements for the issuance of an educator certificate pursuant to chapter 166, who performs a service involving direct student contact to submit to state and national criminal history records checks within thirty days from the date such worker begins to perform such service. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a. If the local or regional board of education receives notice of a conviction of a crime which has not previously been disclosed by such person to the board, the board may (i) terminate the contract of a certified employee, in accordance with the provisions of section 10-151, and (ii) dismiss a noncertified employee, provided such employee is notified of the reason for such dismissal. In addition, if the local or regional board of education receives notice of a conviction of a crime by a person (I) holding a certificate, authorization or permit issued by the State Board of Education, (II) employed by a provider of supplemental services, or (III) in a nonpaid, noncertified position completing preparation requirements for the issuance of an educator certificate pursuant to chapter 166, the local or regional board of education shall send such notice to the State Board of Education. The supervisory agent of a [private] nonpublic school [may require any applicant for a position in such school or any employee of such school to submit to] shall be responsible for paying the fee charged pursuant to section 29-17a for a state and national criminal history records [checks in accordance with the procedures described in this subsection] check required under this section.

(b) If a local or regional board of education, governing council of a state or local charter school, operator of an interdistrict magnet school, endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, [or] special education facility approved by the State Board of Education pursuant to section 10-76d, or supervisory agent of a nonpublic school requests, a regional educational service center shall arrange for the fingerprinting of any person required to submit to state and national criminal history records checks pursuant to this section or for conducting any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation and shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a. Such regional educational service center shall maintain such fingerprints or other positive identifying information, which may be in an electronic format, for a period of four years, at the end of which such fingerprints and positive identifying information shall be destroyed. Such regional educational service centers shall provide the results of such checks to such local or regional board of education, governing council of a state or local charter school, operator of an interdistrict magnet school, endowed or incorporated academy, [or] special education facility or supervisory agent of a nonpublic school and to a contractor, in the case of any employee of an applicant contractor subject to such records checks. Such regional educational service centers shall provide such results to any other local or regional board of education or regional educational service center upon the request of such person. No regional educational service center shall charge a fee for services under this subsection that exceeds any fee that the center may charge any applicant for a position with such center.

(c) State and national criminal history records checks for substitute teachers completed within one year prior to the date of employment with a local or regional board of education, council, [or] operator or supervisory agent and submitted to the employing board of education, council, [or] operator or supervisory agent shall meet the requirements of subdivision (3) of subsection (a) of this section. A local or regional board of education, council, [or] operator or supervisory agent shall not require substitute teachers to submit to state and national criminal history records checks pursuant to subdivision (3) of subsection (a) of this section if they are continuously employed by such local or regional board of education, council, [or] operator or supervisory agent, provided a substitute teacher is subjected to such checks at least once every five years. For purposes of this section, substitute teachers shall be deemed to be continuously employed by a local or regional board of education, council, [or] operator or supervisory agent if they are employed at least one day of each school year by such local or regional board of education, council or operator.

(d) The provisions of this section shall not apply to a student employed by the local or regional school district in which the student attends school.

(e) The State Board of Education shall submit, periodically, a database of applicants for an initial issuance of certificate, authorization or permit pursuant to sections 10-144o to 10-149, inclusive, to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and notify the State Board of Education of any such applicant who has a criminal conviction. The State Board of Education shall not issue a certificate, authorization or permit until it receives and evaluates the results of such check and may deny an application in accordance with the provisions of subsection (i) of section 10-145b.

(f) The State Board of Education shall submit, periodically, a database of all persons who hold certificates, authorizations or permits to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and shall notify the State Board of Education of any such person who has a criminal conviction. The State Board of Education may revoke the certificate, authorization or permit of such person in accordance with the provisions of subsection (i) of section 10-145b.

(g) The State Board of Education shall require each applicant seeking an initial issuance or renewal of a certificate, authorization or permit pursuant to sections 10-144o to 10-149, inclusive, to submit to a records check of the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k. If notification is received that the applicant is listed as a perpetrator of abuse or neglect on the Department of Children and Families child abuse and neglect registry, the board shall deny an application for the certificate, authorization or permit in accordance with the provisions of subsection (i) of section 10-145b, or may revoke the certificate, authorization or permit in accordance with the provisions of said subsection (i).

(h) Notwithstanding the provisions of subsection (f) of section 31-51i, the Department of Education shall, upon request of a local or regional board of education, governing council of a state or local charter school, [or] an interdistrict magnet school operator or the supervisory agent of a nonpublic school, make available to such local or regional board of education, governing council, [or] interdistrict magnet school operator or supervisory agent of a nonpublic school requesting information concerning an applicant for a position with such board, council, [or] operator or supervisory agent (1) any information concerning the applicant's eligibility for employment in a position with such board, council, [or] operator or supervisory agent requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct, as defined in section 10-222c, as amended by this act, and any information concerning such a finding, and (3) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges. The provisions of this subsection shall not be construed to cause the department to investigate any such request.

Sec. 10. Section 10-222c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) No local or regional board of education, governing council of a state or local charter school, [or] interdistrict magnet school operator or supervisory agent of a nonpublic school shall offer employment to an applicant for a position, including any position which is contracted for, if such applicant would have direct student contact, prior to such board, council, [or] operator or supervisory agent:

(1) Requiring of such applicant:

(A) To list the name, address and telephone number of each current or former employer of the applicant, if such current or former employer was a local or regional board of education, council, [or] operator or supervisory agent or if such employment otherwise caused the applicant to have contact with children;

(B) A written authorization that (i) consents to and authorizes disclosure by the employers listed under subparagraph (A) of this subdivision of the information requested under subdivision (2) of this subsection and the release of related records by such employers, (ii) consents to and authorizes disclosure by the Department of Education of the information requested under subdivision (3) of this subsection and the release of related records by the department, and (iii) releases those employers and the department from liability that may arise from such disclosure or release of records pursuant to subdivision (2) or (3) of this subsection; and

(C) A written statement of whether the applicant (i) has been the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated, (ii) has ever been disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by the Department of Children and Families, or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated pursuant to section 17a-101g of abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct, or (iii) has ever had a professional or occupational license or certificate suspended or revoked or has ever surrendered such a license or certificate while an allegation of abuse or neglect was pending or under investigation by the department or an investigation of sexual misconduct was pending or under investigation, or due to an allegation substantiated by the department of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct;

(2) Conducting a review of the employment history of the applicant by contacting those employers listed by the applicant under subdivision (1) of this subsection. Such review shall be conducted using a form developed by the Department of Education in accordance with section 3 of public act 16-67 that shall request (A) the dates of employment of the applicant, and (B) a statement as to whether the employer has knowledge that the applicant (i) was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency or municipal police department or which has been substantiated; (ii) was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or (iii) has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct. Such review may be conducted telephonically or through written communication. Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, not later than five business days after any such current or former employer of the applicant receives a request for such information, such employer shall respond with such information. A local or regional board of education, council, [or] operator or supervisory agent may request more information concerning any response made by a current or former employer, and, notwithstanding the provisions of said subsection [(f)] (g), such employer shall respond not later than five business days after receiving such request; and

(3) Requesting information from the Department of Education concerning (A) the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit issued pursuant to chapter 166, (B) whether the department has knowledge that a finding has been substantiated by the Department of Children and Families pursuant to section 17a-101g of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding, and (C) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.

(b) Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, any local or regional board of education, [or] council, [or] operator or supervisory agent that receives information that an applicant for a position with or an employee of the board has been disciplined for a finding of abuse or neglect or sexual misconduct shall notify the Department of Education of such information.

(c) No local or regional board of education, [or] council, [or] operator or supervisory agent shall employ an applicant for a position involving direct student contact who does not comply with the provisions of subdivision (1) of subsection (a) of this section.

(d) A local or regional board of education, [or] council, [or] operator or supervisory agent may employ or contract with an applicant on a temporary basis for a period not to exceed ninety days, pending [such board's] the review of information received under this section by such board, council, operator or supervisory agent, provided:

(1) The applicant complied with subdivision (1) of subsection (a) of this section;

(2) The board, council, [or] operator or supervisory agent has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment with the board, council, [or] operator or supervisory agent; and

(3) The applicant affirms that the applicant is not disqualified from employment with such board, council, [or] operator or supervisory agent.

(e) No local or regional board of education, council, [or] operator or supervisory agent shall enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any other contract or agreement or take any action that:

(1) Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;

(2) Affects the ability of the local or regional board of education, council, [or] operator or supervisory agent to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or

(3) Requires the local or regional board of education, council, [or] operator or supervisory agent to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the board, unless after investigation such allegation is dismissed or found to be false.

(f) No local or regional board of education, council, [or] operator or supervisory agent shall offer employment to a person as a substitute teacher, unless such person and [the] such board, council, operator or supervisory agent comply with the provisions of subsection (a) of this section. The board, council, operator or supervisory agent shall determine which such persons are employable as substitute teachers and maintain a list of such persons. No board, council, [or] operator or supervisory agent shall hire any person as a substitute teacher who is not on such list. Such person shall remain on such list as long as such person is continuously employed by the board, council, [or] operator or supervisory agent as a substitute teacher, as described in subsection (c) of section 10-221d, as amended by this act, provided the board, council, [or] operator or supervisory agent does not have any knowledge of a reason that such person should be removed from such list.

(g) In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to such contractor all information required of an applicant under subparagraphs (A) and (C) of subdivision (1) of subsection (a) of this section and a written authorization under subparagraph (B) of said subdivision. Such contractor shall contact any current or former employer of such employee that was a local or regional board of education, council, [or] operator or supervisory agent or if such employment caused the employee to have contact with children, and request, either telephonically or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee. Notwithstanding the provisions of subsection [(f)] (g) of section 31-51i, such employer shall report to the contractor any such finding, either telephonically or through written communication. If the contractor receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, notwithstanding the provisions of said subsection [(f)] (g), immediately forward such information to any local or regional board of education, council, operator or supervisory agent with which the contractor is under contract, either telephonically or through written communication. Any local or regional board of education, council, [or] operator or supervisory agent that receives such information shall determine whether such employee may work in a position involving direct student contact at any school under the [board's] jurisdiction or control of such board, council, operator or supervisory agent. No determination by a local or regional board of education, council, operator or supervisory agent that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract.

(h) Any applicant who knowingly provides false information or knowingly fails to disclose information required in subdivision (1) of subsection (a) of this section shall be subject to discipline by the employing local or regional board of education, council, [or] operator or supervisory agent that may include (1) denial of employment, or (2) termination of the contract of a certified employee, in accordance with the provisions of section 10-151.

(i) Any employer who provides information in accordance with subdivision (2) of subsection (a) of this section or subsection (g) of this section and the Department of Education for the provision of information requested in accordance with subdivision (3) of said subsection (a) shall be immune from criminal and civil liability, provided the employer or department did not knowingly supply false information.

(j) Notwithstanding the provisions of section 10-151c and subsection [(f)] (g) of section 31-51i, a local or regional board of education, council, [or] operator or supervisory agent shall provide upon request by any other local or regional board of education, council, [or] operator or supervisory agent for the purposes of an inquiry pursuant to subdivision (2) of subsection (a) of this section or subsection (g) of this section or to the Commissioner of Education pursuant to subsection (b) of this section any information that the board, council, [or] operator or supervisory agent has concerning a finding of abuse or neglect or sexual misconduct by a subject of any such inquiry.

(k) For purposes of this section and section 10-221d, as amended by this act, (1) "sexual misconduct" means any verbal, nonverbal, written or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature and any other sexual, indecent or erotic contact with a student; and (2) "abuse or neglect" means abuse or neglect as described in section 46b-120, and includes any violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a.

(l) Prior to offering employment to an applicant, a local or regional board of education, council, [or] operator or supervisory agent shall make a documented good faith effort to contact each current and any former employer that was a local or regional board of education, council, [or] operator or supervisory agent or if such employment otherwise caused the applicant to have contact with children of the applicant in order to obtain information and recommendations which may be relevant to the applicant's fitness for employment, provided such effort shall not be construed to require more than three telephonic requests made on three separate days.

(m) No local or regional board of education, council, operator or supervisory agent shall offer employment to any applicant who had any previous employment contract terminated by a board, council, [or] operator or supervisory agent or who resigned from such employment, if such person has been convicted of a violation of section 17a-101a, when an allegation of abuse or neglect or sexual assault has been substantiated.

Sec. 11. (Effective from passage) Not later than June 30, 2017, the Department of Education shall make available to the supervisory agents of nonpublic schools a standardized form of questions to be directed to an employer to provide information pursuant to subdivision (2) of subsection (a) of section 10-222c of the general statutes, as amended by this act, or subsection (g) of said section to a supervisory agent requesting such information.

Sec. 12. (NEW) (Effective July 1, 2017) A local board of education may enter into a written agreement with (1) the board of finance in each town or city having a board of finance, (2) the board of selectmen in each town having no board of finance, or (3) otherwise to the authority making appropriations for the school district, to authorize such board of finance, board of selectmen or such other authority making appropriations to take responsibility for the provision of any noneducational services being provided by such board of education.

Sec. 13. (NEW) (Effective July 1, 2017) For the school year commencing July 1, 2017, and each school year thereafter, each local and regional board of education shall complete the Health Services Program Information Survey and submit the survey to the Department of Education, in a form and manner prescribed by the department.

Sec. 14. Subsection (a) of section 10-212f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The Commissioner of Education shall establish a School Nurse Advisory Council consisting of the following members:

(1) One representative from each state-wide bargaining representative organization that represents school nurses;

(2) One representative of the Association of School Nurses of Connecticut; [who is employed in a private or parochial school;]

(3) One representative of the Connecticut Nurses Association;

(4) One representative of the Connecticut Association of Public School Superintendents;

(5) One representative of the Connecticut Federation of School Administrators;

(6) One representative of the Connecticut Association of Boards of Education;

(7) Two school district medical advisors, one of whom is a member of the American Academy of Pediatrics;

(8) One representative of the Connecticut Association for Healthcare at Home who is a school nurse; and

(9) The Commissioners of Education and Public Health, or the commissioners' designees who shall be ex-officio, nonvoting members and shall attend meetings of the advisory council.

Sec. 15. Subsection (h) of section 14-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(h) Notwithstanding the provisions of section 14-10, the commissioner shall furnish to any board of education or to any public or private organization that is actively engaged in providing public transportation, including the transportation of school children, a report containing the names and motor vehicle operator license numbers of each person who has been issued an operator's license with one or more public passenger endorsements, authorizing such person to transport passengers in accordance with the provisions of section 14-36a, but whose license or any such public passenger endorsement has been withdrawn, suspended or revoked by the Commissioner of Motor Vehicles in accordance with the provisions of this section, or any other provision of this title. The report shall be issued and updated periodically in accordance with a schedule to be established by the Commissioner of Motor Vehicles. Such report may be transmitted or otherwise made available to authorized recipients by electronic means. The commissioner shall ensure that each carrier, as defined in section 14-212, is reviewing such report, pursuant to section 14-276, by (1) conducting random compliance audits of carriers to determine whether a carrier is performing such review as prescribed by said section 14-276, (2) maintaining a record of each such review by a carrier for the prior two years, and (3) making such record publicly available upon request.

Sec. 16. Section 11-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

When the legislative body of any municipality has decided to establish a public library and reading room, the chief elected official of such municipality shall, with the approval of the legislative body, appoint a board of nine trustees. Not more than one member of the legislative body shall be a member of such board. The trustees shall, immediately after their appointment, meet and organize by the election of one of their number as president and by the election of such other officers as they deem necessary. They shall make and adopt (1) bylaws, rules and regulations for the government of the library and reading room, and (2) policies and rules regarding Internet usage and content accessible by patrons of the library and reading room on computers and other electronic devices provided by the library and reading room. They shall have exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, given or set apart for that purpose; provided all moneys collected and received for such purpose shall be placed in the treasury of such municipality, to the credit of its library fund, and shall be kept separate from other moneys of the municipality and shall be drawn upon by the proper officers of the municipality, upon duly authenticated vouchers of the trustees. Such board may purchase, lease or accept grounds, and erect, lease or occupy an appropriate building or buildings, for the use of such library, appoint a library director and all necessary assistants and fix their compensation. Any person desiring to make a gift for the benefit of such library may vest the title to such donation in the board of trustees to be held and controlled according to the terms of the gift of such property; and such board shall be special trustee thereof.

Sec. 17. Subsection (a) of section 10-151d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) There is established a Performance Evaluation Advisory Council within the Department of Education. Membership of the council shall consist of: (1) The Commissioner of Education and the president of the Connecticut State Colleges and Universities, or their designees, (2) one representative from each of the following associations, designated by the association, the Connecticut Association of Boards of Education, the Connecticut Association of Public School Superintendents, the Connecticut Federation of School Administrators, the Connecticut Education Association, [and] the American Federation of Teachers-Connecticut and the Connecticut Association of School Administrators, and (3) persons selected by the Commissioner of Education who shall include, but not be limited to, teachers, persons with expertise in performance evaluation processes and systems, and any other person the commissioner deems appropriate.

Sec. 18. Subsection (a) of section 10-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The superintendent of schools of any local or regional board of education, or an agent designated by such superintendent, or the supervisory agent of a nonpublic school shall, upon application and in accordance with procedures established by the State Board of Education, furnish, to any person desiring to employ a minor under the age of eighteen years (1) in any manufacturing, mechanical or theatrical industry, restaurant or public dining room, or in any bowling alley, shoe-shining establishment or barber shop, a certificate showing that such minor is sixteen years of age or older, (2) in any mercantile establishment, a certificate showing that such minor is fifteen years of age or older, and (3) at any municipal or private golf course, a certificate showing that such minor is fourteen years of age or older.

Approved June 27, 2017