§ 10-221d — Criminal history and child abuse and neglect registry records checks of applicants and employees of eligible school operators. Termination or dismissal. Fingerprinting. Availability of information re applicant's history.

Connecticut § 10-221d

• Jurisdiction: Connecticut
• Title 10: Education and Culture
• Ch. 170: Boards of Education

Text

(a) As used in this section and sections 10-232b and 10-232c, “eligible school operator” means a school or school district authorized to receive national criminal history record information from the Federal Bureau of Investigation pursuant to P.L. 92-544, and shall include a local or regional board of education, the Technical Education and Career System and an interdistrict magnet school operator other than an operator who is a third-party not-for-profit corporation approved by the Commissioner of Education. (b) Each eligible school operator shall, subject to the provisions of section 31-51i , (1) require each applicant for a position with such eligible school operator to state, in writing, whether such applicant has ever been convicted of a crime or whether criminal charges are pending against such applicant at the time of such application and, if charges are pending, to state the charges and the court in which such charges are pending, (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 eligible school operator, and (3) on and after July 1, 2019, require, subject to the provisions of subsection (e) of this section, each applicant for a position with such eligible school operator 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 (e) of this section, any person hired prior to said date to submit to state and national criminal history records checks. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a . If the eligible school operator receives notice of a conviction of a crime which has not previously been disclosed by such person to the eligible school operator, the eligible school operator may (A) terminate the contract of a certified employee, in accordance with the provisions of section 10-151 , and (B) dismiss a noncertified employee, provided such employee is notified of the reason for such dismissal. If the eligible school operator receives notice of a conviction of a crime by a person holding a certificate, authorization or permit issued by the State Board of Education, the eligible school operator shall send such notice to the State Board of Education. The provisions of this subsection shall not be construed to cause an eligible school operator to disseminate the results of any national criminal history records check. (c) If an eligible school operator 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. The State Police Bureau of Identification shall provide the results of such checks to such eligible school operator. 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. (d) State and national criminal history records checks for substitute teachers completed within one year prior to the date of employment with an eligible school operator and submitted to the employing eligible school operator shall meet the requirements of subsection (b) of this section. An eligible school operator shall not require substitute teachers to submit to state and national criminal history records checks pursuant to subsection (b) of this section if they are continuously employed by such eligible school operator, 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 an eligible school operator if they are employed at least one day of each school year by such eligible school operator. (e) The provisions of this section shall not apply to (1) a student employed by the eligible school operator that operates a school which the student attends, or (2) a person employed by an eligible school operator as a teacher for a noncredit adult class or adult education activity, as defined in section 10-67 , who is not required to hold a teaching certificate pursuant to section 10-145b for his or her position. (f) Notwithstanding the provisions of subsection (g) of section 31-51i , and to the extent permissible under state and federal laws regarding the dissemination of criminal history records, the State Board of Education shall, upon request of an eligible school operator, make available to such eligible school operator requesting information concerning an applicant for a position with such eligible school operator (1) any information concerning the applicant's eligibility for employment in a position with such eligible school operator 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 , 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 state board to investigate any such request or disseminate the results of any national criminal history records check.

Legislative History

(P.A. 93-328; P.A. 94-221, S. 7; P.A. 95-259, S. 16, 32; P.A. 98-252, S. 15, 80; P.A. 01-173, S. 55, 67; 01-175, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 19; P.A. 04-181, S. 3; June 19 Sp. Sess. P.A. 09-1, S. 8; P.A. 10-71, S. 5; P.A. 11-93, S. 1; P.A. 12-116, S. 47; 12-120, S. 21; P.A. 16-67, S. 1; P.A. 17-48, S. 4; 17-68, S. 9; P.A. 18-51, S. 9; P.A. 19-91, S. 1; P.A. 21-144, S. 4.) History: P.A. 94-221 amended Subsec. (a) to allow local and regional boards of education to require criminal history records checks of persons hired prior to July 1, 1994, and to allow private schools to require such checks of applicants for positions in such schools and employees of such schools; P.A. 95-259 amended Subsec. (a) to add references to Subsec. (d) and to regional educational service centers, designated existing Subsec. (b) as Subsec. (d), inserting new Subsec. (b) re regional educational service centers and Subsec. (c) re substitute teachers and amended Subsec. (d), formerly Subsec. (b), to add provision concerning teachers of adult classes or activities, effective July 6, 1995; P.A. 98-252 amended Subsec. (b) to allow the service center to provide the results to other boards of education upon the request of the person fingerprinted, effective July 1, 1998; P.A. 01-173 amended Subsec. (a) to substitute 30 for 90 days from date of employment for records checks, to add Subdiv. (3) re workers under public assistance employment programs, and to require boards of education to send notices of convictions to the State Board of Education, amended Subsec. (c) to make a technical change, amended Subsec. (d) by designating existing provisions as Subdivs. (1) and (3), adding Subdiv. (2) re employed students and making a technical change for purposes of gender neutrality in Subdiv. (3), and added Subsecs. (e) and (f) re submission of data bases to the State Police Bureau of Identification, effective July 1, 2001; P.A. 01-175 made technical changes for purposes of gender neutrality in Subsecs. (a), (b) and (d), amended Subsec. (a) by replacing language re Subsec. (b) state criminal history checks, fingerprinting and charging of fee for national criminal history records checks with language re state and national criminal history checks pursuant to Sec. 29-17a, and amended Subsec. (b) by replacing language re fingerprinting pursuant to Subsec. (a) with language re fingerprinting and criminal history records checks pursuant to Sec. 29-17a; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to designate existing provision re worker placed under public assistance employment program as Subpara. (A) and add Subpara. (B) re providers of supplemental services in Subdiv. (3), to redesignate existing Subparas. (A) and (B) as Clauses (i) and (ii) and to add requirement that the State Board of Education be notified of criminal convictions of providers of supplemental services, effective August 20, 2003; P.A. 04-181 amended Subsec. (b) by adding references to endowed or incorporated academies and special education facilities, effective July 1, 2004; June 19 Sp. Sess. P.A. 09-1 amended Subsec. (a) by deleting “On and after July 1, 1994”, by adding Subpara. (C) re workers in nonpaid, noncertified positions completing requirements for educator certification, by designating existing provisions re person holding certificate, authorization or permit or employed by provider of supplemental services as subclauses (I) and (II) and adding subclause (III) re person in nonpaid, noncertified position completing requirements for educator certification, and made technical changes in Subsecs. (e) and (f), effective July 1, 2009; P.A. 10-71 made a technical change in Subsec. (a), effective May 18, 2010; P.A. 11-93 amended Subsec. (a) by adding new Subdiv. (2) re applicants for positions in public schools to submit to records check of Department of Children and Families child abuse and neglect registry and redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), amended Subsecs. (c) and (d) to make a technical change and added Subsec. (g) re applicants for certification to submit to records check of Department of Children and Families child abuse and neglect registry, effective July 1, 2011; P.A. 12-116 made technical changes in Subsecs. (e) to (g), effective July 1, 2012; P.A. 12-120 amended Subsec. (b) by adding provision re maintenance and destruction of fingerprints and other positive identifying information, effective June 15, 2012; P.A. 16-67 added references to governing council of state or local charter school and interdistrict magnet school operator, amended Subsec. (a)(2) by deleting provision re position requiring certificate, authorization or permit, by deleting Subpara. (B) re position not requiring certificate, authorization or permit and by deleting Subpara. (A) designator, amended Subsec. (a)(3) by adding “on and after July 1, 2016,” by replacing reference to person hired by board after July 1, 1994, with reference to applicant for position and, in Subpara. (C)(ii), by deleting provision re opportunity to file proper answer, amended Subsec. (b) by adding reference to contractor and adding provision re fee charged by regional educational service center, amended Subsec. (c) by adding provision re substitute teacher subject to checks, amended Subsec. (d) by deleting former Subdiv. (1) re applicability to person required to submit to criminal history records checks pursuant to Sec. 14-44(e), by deleting former Subdiv. (3) re teacher for noncredit adult class or adult education activity and by deleting Subdiv. (2) designator, added Subsec. (h) re availability of information concerning applicant, and made technical and conforming changes, effective July 1, 2016; P.A. 17-48 amended Subsec. (h) by replacing reference to Sec. 31-51i(f) with reference to Sec. 31-51(g); P.A. 17-68 added references to supervisory agents of nonpublic schools, amended Subsec. (a) by replacing “2016” with “2017” in Subdiv. (3), deleting provision re private school may require applicant to submit to criminal history records check, and adding provision re nonpublic school to pay fee charged for criminal history records checks required under section, and made technical and conforming changes, effective July 1, 2017; P.A. 18-51 amended Subsec. (d) by designating existing provision re student employed by school district in which student attends school as Subdiv. (1) and adding Subdiv. (2) re person employed by board of education as teacher for noncredit adult class or adult education activity, effective July 1, 2018; P.A. 19-91 replaced references to local and regional boards of education, governing councils of state and local charter schools, interdistrict magnet school operators and supervisory agents of nonpublic schools with eligible school operators, added new Subsec. (a) re definition of “eligible school operator”, redesignated existing Subsecs. (a) to (d) as Subsecs. (b) to (e), deleted former Subsecs. (e) to (g), redesignated existing Subsec. (h) as Subsec. (f), amended redesignated Subsec. (b) by adding reference to section 31-51i, adding “, in writing,”, adding provision re pending charges, replacing “2017” with “2019” in Subdiv. (3), deleting existing Subdiv. (4) re person who performs service involving direct student contact, redesignating existing clauses (i) and (ii) as Subparas. (A) and (B), deleting subclauses (II) and (III) re person employed by provider of supplemental services and employed in nonpaid, noncertified position completing preparation requirements, respectively, deleting provision re supervisory agent of nonpublic school responsible for paying fee for criminal history records check, and adding provision re provisions of subsection not to be construed to cause dissemination of results of criminal history records checks, amended redesignated Subsec. (c) by replacing provision re regional educational service centers to provide results of checks with provision re State Police Bureau of Identification to provide results of checks to eligible school operators, amended redesignated Subsec. (f) by adding “and to the extent permissible under state and federal laws regarding the dissemination of criminal history records” and “or disseminate the results of any national criminal history records check” and replacing references to Department of Education with State Board of Education, and made technical and conforming changes, effective July 1, 2019; P.A. 21-144 amended Subsec. (a) by redefining “eligible school operator”, effective July 7, 2021.