2018 Connecticut General Statutes
Title 10 - Education and Culture
Chapter 170 - Boards of Education
Section 10-221d - Criminal history and child abuse and neglect registry records checks of school personnel. Fingerprinting. Termination or dismissal. Denial of application for and revocation of certification. Availability of information re applicant’s history.

(a) Each local and regional board of education, each governing council of a state or local charter school, 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, operator or supervisory agent, (3) on and after July 1, 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 nonpublic school shall be responsible for paying the fee charged pursuant to section 29-17a for a state and national criminal history records 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, 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, 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, operator or supervisory agent and submitted to the employing board of education, council, 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, 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, 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, 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 (g) 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, 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, interdistrict magnet school operator or supervisory agent of a nonpublic school requesting information concerning an applicant for a position with such board, council, operator or supervisory agent (1) any information concerning the applicant’s eligibility for employment in a position with such board, council, 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, 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.

(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.)

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.