Sec. 10-221d. Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal.
Sec. 10-221d. Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal. (a) On and after July 1, 1994, each local and
regional board of education shall (1) require each applicant for a position in a public
school to state whether such person has ever been convicted of a crime or whether
criminal charges are pending against such person at the time of such person's application,
(2) require, subject to the provisions of subsection (d) of this section, each person hired
by the board after July 1, 1994, 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 (3) require each worker (A)
placed within a school under a public assistance employment program, or (B) employed
by a provider of supplemental services pursuant to the No Child Left Behind Act, P.L.
107-110, 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, is provided the opportunity to file with the board, in writing, any proper
answer to such criminal conviction and a copy of the notice of such criminal conviction,
the answer and the dismissal order are made a part of the records of the board. In addition,
if the local or regional board of education receives notice of a conviction of a crime by
a person holding a certificate, authorization or permit issued by the State Board of
Education or employed by a provider of supplemental services, the local or regional
board of education shall send such notice to the State Board of Education. The supervisory agent of a private school may require any applicant for a position in such school
or any employee of such school to submit to state and national criminal history records
checks in accordance with the procedures described in this subsection.
(b) If a local or regional board of education, 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 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 centers shall provide the
results of such checks to such local or regional board of education, endowed or incorporated academy or special education facility. 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.
(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 and submitted to the employing board of education shall meet the requirements of subdivision (2) of subsection (a) of this section. A local or regional board of
education shall not require substitute teachers to submit to state and national criminal
history records checks pursuant to subdivision (2) of subsection (a) of this section if they
are continuously employed by such local or regional board of education. For purposes of
this section, substitute teachers shall be deemed to be continuously employed by a local
or regional board of education if they are employed at least one day of each school year
by such local or regional board of education.
(d) (1) The provisions of this section shall not apply to a person required to submit
to a criminal history records check pursuant to the provisions of subsection (d) of section
14-44.
(2) 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.
(3) The provisions of subsection (a) of this section requiring state and national criminal history records checks shall, at the discretion of a local or regional board of education,
apply to a person employed by a local or regional board of education 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.
(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 (m) 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 (m) of section 10-145b.
(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.)
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.