Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4105

   
 

*HB0533404105HDO*

Offered by:

 

REP. FLEISCHMANN, 18th Dist.

REP. LINEHAN, 103rd Dist.

REP. SANCHEZ, 25th Dist.

REP. CURREY, 11th Dist.

REP. STANESKI, 119th Dist.

REP. KOKORUDA, 101st Dist.

To: Subst. House Bill No. 5334

File No. 126

Cal. No. 101

"AN ACT CONCERNING NOTIFICATION BY CONTRACTORS TO SUPERINTENDENTS OF SCHOOLS REGARDING INCIDENTS OF ARREST BY EMPLOYEES."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective October 1, 2018) (a) Any contractor who (1) contracts with a local or regional board of education, and (2) receives information that an employee of such contractor, who is in a position involving direct contact with a student in a school under such board's jurisdiction, has been arrested for a crime involving an act of child abuse or neglect as described in section 46b-120 of the general statutes, or injury or risk of injury to or impairing morals of children under section 53-21 of the general statutes, shall, not later than twenty-four hours after receipt of such information, notify the superintendent of schools for such board of such employee's arrest. Such notification shall be in writing and include the identity of such employee, and, if known by the contractor, the offense or offenses for which such employee was arrested and a brief description of the incident or incidents leading to the arrest.

(b) On and after July 1, 2019, any contract entered into or amended between a contractor and a local or regional board of education shall include a provision in such contract (1) requiring such contractor to provide the kind of notice described in subsection (a) of this section, and (2) informing such contractor that the owner or owners of the business, as defined in section 4e-1 of the general statutes, of such contractor and any managers or supervisors employed by such contractor may be mandated reporters pursuant to subdivision (39) of subsection (b) of section 17a-101 of the general statutes, as amended by this act. Such contractor and local or regional board of education may include additional provisions in such contract concerning a situation in which an employee of the contractor has been arrested, including the rights and obligations of the parties to the contract.

Sec. 2. Subsection (b) of section 17a-101 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, [and] (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, (39) any person who is the owner, manager or supervisor of a business, as defined in section 4e-1, that (A) contracts with a local or regional board of education, and (B) employs a person described in subparagraph (B) of subdivision (13) of section 53a-65.

Sec. 3. (Effective from passage) (a) Not later than August 1, 2018, the Commissioner of Education shall notify all superintendents of schools in the state that (1) any person who is the owner, manager or supervisor of a business, as defined in section 4e-1, that (A) contracts with a local or regional board of education, and (B) employs a person described in subparagraph (B) of subdivision (13) of section 53a-65 of the general statutes, will become a mandated reporter, pursuant to subdivision (39) of subsection (b) of section 17a-101 of the general statutes, as amended by this act, on October 1, 2018, and (2) that any contract between a board of education and a contractor entered into or amended on or after July 1, 2019, shall conform with the provisions of section 1 of this act.

(b) Not later than October 1, 2018, the superintendent of schools for a local or regional board of education that has entered into a contract with a contractor shall notify such contractors that (1) any person who is the owner, manager or supervisor of a business, as defined in section 4e-1, that (A) contracts with a local or regional board of education, and (B) employs a person described in subparagraph (B) of subdivision (13) of section 53a-65 of the general statutes, will become a mandated reporter, pursuant to subdivision (39) of subsection (b) of section 17a-101 of the general statutes, as amended by this act, on October 1, 2018, and (2) any contract between such board and such contractor entered into or amended on or after July 1, 2019, shall conform with the provisions of section 1 of this act.

Sec. 4. Subsection (d) of section 17a-101b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(d) Whenever a mandated reporter, as described in section 17a-101, has reasonable cause to suspect or believe that any child has been abused or neglected by a staff member [of the staff] of a public or private institution or facility that provides care for such child, or by a school employee, as defined in section 53a-65, of a public or private school, the mandated reporter shall report as required in subsection (a) of this section. The Commissioner of Children and Families or the commissioner's designee shall notify the principal, headmaster, executive director or other person in charge of such institution, facility or school, or the person's designee, unless such [person] staff member or school employee is the alleged perpetrator of the abuse or neglect of such child. In the case of a public school, the commissioner shall also notify the [person's employing] superintendent of schools for the local or regional board of education that employs such school employee or has a contract with a contractor that employs such school employee. Such person in charge, or such person's designee, or such superintendent, or such superintendent's designee, shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.

Sec. 5. Subsection (a) of section 17a-101i of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Notwithstanding any provision of the general statutes, not later than five working days after an investigation of a report that a child has been abused or neglected by a school employee, as defined in section 53a-65, or that a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of a school employee has been completed, the Commissioner of Children and Families shall notify the [employing] superintendent of schools for the local or regional board of education that employs such school employee or has a contract with a contractor that employs such school employee and the Commissioner of Education of the results of such investigation and shall provide records, whether or not created by the department, concerning such investigation to [the] such superintendent and the Commissioner of Education. The Commissioner of Children and Families shall provide such notice whether or not the child or victim was a student in the employing school or school district. If the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that (1) (A) a child has been abused or neglected, as described in section 46b-120, by such employee, and (B) the commissioner recommends such school employee be placed on the child abuse and neglect registry established pursuant to section 17a-101k, or (2) a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of such school employee, the superintendent shall suspend such school employee. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee. Not later than seventy-two hours after such suspension the superintendent shall notify the local or regional board of education and the Commissioner of Education, or the commissioner's representative, of the reasons for and conditions of the suspension. The superintendent shall disclose such records to the Commissioner of Education and the local or regional board of education or its attorney for purposes of review of employment status or the status of such employee's certificate, permit or authorization. The suspension of a school employee employed in a position requiring a certificate shall remain in effect until the board of education acts pursuant to the provisions of section 10-151. If the contract of employment of such certified school employee is terminated, or such certified school employee resigns such employment, the superintendent shall notify the Commissioner of Education, or the commissioner's representative, within seventy-two hours after such termination or resignation. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (i) of section 10-145b. Notwithstanding the provisions of sections 1-210 and 1-211, information received by the Commissioner of Education, or the commissioner's representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board of Education under section 10-145g. No local or regional board of education shall employ a person whose employment contract is terminated or who resigned from employment following a suspension pursuant to the provisions of this subsection if such person is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a against any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program."

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

Sec. 2

October 1, 2018

17a-101(b)

Sec. 3

from passage

New section

Sec. 4

October 1, 2018

17a-101b(d)

Sec. 5

October 1, 2018

17a-101i(a)