2023 Connecticut General Statutes › Title 10 - Education and Culture › Chapter 170 - Boards of Education › Section 10-222c. - Hiring policy. Applicant's employment history; requirement to disclose and check upon. Immunity from civil and criminal liability.

(a) No local or regional board of education, governing council of a state or local charter school, 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, 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, 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 (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, 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 (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 (g) of section 31-51i, any local or regional board of education, council, 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, council, 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, council, operator or supervisory agent may employ or contract with an applicant on a temporary basis for a period not to exceed ninety days, pending 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, operator or supervisory agent has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment with the board, council, operator or supervisory agent; and
(3) The applicant affirms that the applicant is not disqualified from employment with such board, council, operator or supervisory agent.
(e) No local or regional board of education, council, 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, 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, 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, operator or supervisory agent shall offer employment to a person as a substitute teacher, unless such person and 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, 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, operator or supervisory agent as a substitute teacher, as described in subsection (c) of section 10-221d, provided the board, council, 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, 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 (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 (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, 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 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, 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 (g) of section 31-51i, a local or regional board of education, council, operator or supervisory agent shall provide upon request by any other local or regional board of education, council, 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, 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, (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; (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; and (3) “former employer” means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity that such applicant was employed by during any of the previous twenty years prior to applying for a position with a local or regional board of education, governing council of a state or local charter school or interdistrict magnet school operator.
(l) Prior to offering employment to an applicant, a local or regional board of education, council, 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, 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, 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.
(P.A. 01-173, S. 56, 67; P.A. 16-67, S. 2; P.A. 17-48, S. 5–8; 17-68, S. 10; 17-220, S. 6.)
*Note: Section 3 of public act 16-67 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 01-173 effective July 1, 2001; P.A. 16-67 designated existing provisions re contacting employers as Subsec. (l) and amended same to make applicable prior to offering employment to applicant, add provision re contacting current and former employer that was a board of education, governing council of a charter school or magnet school operator or employer where employment required contact with children, and add provision re effort not construed to require more than 3 telephonic requests on 3 separate days, added Subsec. (a) re board of education, governing council of charter school or magnet school requirements before offering employment to applicant, added Subsec. (b) re notification to department of employee disciplined for finding of abuse or neglect or sexual misconduct, added Subsec. (c) re failure to comply with Subsec. (a), added Subsec. (d) re temporary employment, added Subsec. (e) re agreement and contract prohibitions, added Subsec. (f) re substitute teachers, added Subsec. (g) re contractors, added Subsec. (h) re providing false information or failure to disclose, added Subsec. (i) re immunity from criminal and civil liability, added Subsec. (j) re providing requested information, added Subsec. (k) re definitions and added Subsec. (m) re no offer of employment after substantiated allegation, effective July 1, 2016; P.A. 17-48 replaced references to Sec. 31-51i(f) with references to Sec. 31-51(g) in Subsecs. (a)(2),(b), (g) and (j); P.A. 17-68 added references to supervisory agent of nonpublic school, replaced references to Sec. 31-51i(f) with references to Sec. 31-51(g) and made technical and conforming changes, effective July 1, 2017; P.A. 17-220 amended Subsec. (k) by adding Subdiv. (3) re definition of former employer and making a conforming change, effective July 1, 2017.