CASBO Timely Topic Workshop Friday, February 1, 2019

The AquaTurf Club, 556 Mulberry Street, Plantsville (section of Southington), CT

SCHEDULE

8:30 am Registration – Sign-in required for CEU verification. Coffee and pastry served.

8:50 am Welcome & Introduction of Speaker – Vincent Masciana, President & Holly McCalla, Vice-President

9:00 am Medical, Dental, Pharmacy Benefits, Oh My! Debra Testa, Lockton This session will address the following related to medical/dental/pharmacy benefits/insurance purchasing: What are the current trends? Any best practices? What should we be looking for on renewals? What are current cost saving measures?

10:15 am Break

10:30 am Considerations When Selecting an Insurance Broker Lee Gaby, Albert Risk Management This session will assist districts in making the best selection of an insurance broker as well as other service providers, guiding them in the contract process, introducing an online service review program and suggesting a fee approach vs. traditional commissions where possible. The session will also touch on helping public entities with competitive bidding, RFPs and alternatives.

11:45 am Legislative Update David Lenihan, CASBO Director of Government Affairs Dave will provide a brief update of the legislative session

12:00 pm Lunch – Hot Buffet

1:00 pm Crowdsourcing Keya Wondwossen & Geoff Hill, Donors Choose As budgets get tighter each year, everyone is looking for new funding sources. Crowdsourcing has been come a popular alternative but it doesn’t come without its challenges. This session will examine best practices related to these efforts including reporting requirements, policies, and procedures.

2:00 pm DCF Reporting Tom Mooney, Esq. & Natalia Sieira Millan, Esq., Shipman & Goodwin Arrests of school district administrators for DCF related issues have been in the news recently. Attorneys Mooney and Millan will review the reporting requirements and the obligations and impact school districts.

3:00 pm Conclude

CASBO Members are encouraged to invite district guests to whom this program will be of interest.

Schedule, topics, and speakers are subject to change. Program outcomes: Attendees will gain a better knowledge of the SDE processes and legislative issues. This workshop will provide attendees with .5 CEU credits. To qualify for full CEU credits; you must sign-in by 9:00 a.m. and sign-out no earlier than 3:00 p.m. To qualify for .3 CEU credits, you must sign-in by 9:00 a.m. and sign-out no earlier than 12:00 p.m.

1/30/2019

1

Medical, Dental, Pharmacy Benefits, Oh My!February 1, 2019

Lockton Companies |

Spousal surcharge

Mandate other insurance when available

Skyrocketing specialty pharmacy costs

Voluntary products to fill the gaps

Value based plan design

Wellbeing – not just wellness anymore Financial well being Emotional health/stress management Social impact

What’s Trending – Plan Design

2

1/30/2019

2

Lockton Companies |

Wellness Initiatives Collective bargaining language Have a plan Focus on engagement Data driven decisions/programs Technology

Partner with community providers Derby/Aetna partnership

Focus on behavioral health

Best Practices

3

Lockton Companies |

HDHP migration Cost share after deductible

Shop the stop loss

Rx opportunities Increased formulary management All edits Mandatory generic Fourth tier for specialty drugs Measures to control

cost/setting/price

Spousal surcharge

Cadillac tax language

Look at <65 retiree benefits

Cost Savers

4

1/30/2019

3

Lockton Companies |

Reference Based Pricing State of North Carolina Uses Medicare rates as a

reference point and pays providers a percentage above that rate

Providers who don’t agree will be considered out of network

Hospital Pricing Transparency (new federal law)

Aetna/CVS CVS Healthcare Centers

UHC/ProHealth

Cigna/HHC

What’s Trending – Local & National

5

Lockton Companies |

Well-Being…shifting focus

6

Diagnostic/ Checkup Studies

PBM Marketing and

Renewals

Physical

Biometric screenings Preventative care and

age/gender screenings Physical activity

tracking, weight loss and nutrition

Targeted digital health programs

Onsite services

Financial workshops 1:1 financial planning

with advisor Employer 401K match Student loan

repayment, college savings

Engagement tied to wellness incentive

Corporate and peer challenges

Community service activities; Paid time

Recognition, employee appreciation

Blogs, chat rooms, apps Group-based classes

and activities

Resiliency and mindfulness programs

Stress management for supervisors/staff; Wellness day

Meditation and yoga Quiet rooms, team

indoor gardens Onsite/virtual services

Independent Audits

Lockton’s Health Risk Solutions focuses holistically on the dimensions of well-being, with an eyeon your organization's strategic approach to balancing culture with cost containment.

PBM Marketing and

Renewals

Social & Purpose

Financial Security

Emotional Health

1/30/2019

4

RISK MANAGEMENT • EMPLOYEE BENEFITS • RETIREMENT SERVICES

Our Mission | To be the worldwide value and service leader in insurance brokerage, risk management, employee benefits and retirement services

Our Goal | To be the best place to do business and to work© 2019 Lockton, Inc. All rights reserved.

LOCKTON.COM

CONTACT:Debra TestaVice President Public Sector Practice LeaderLockton Companies203.676.9831 | dtesta@Lockton.com

Considerations for Selecting an

Insurance BrokerUsingtheDisciplineofAppreciativeInquiry

AdanceVersionJanuary29,2019

Why Does This Matter?

• CurrentReality• Possibilities• DesiredFuture

•  StudentsandParents•  Employees•  VisitorsandSuppliers•  GeneralPublic

•  Law•  Ethics•  Environment•  Philotimia•  Strategy

Valuedifferencesandseekbalance.1/29/19 2

How Did the Woman Outrun the Man and the Bear?

• WhatwasthepurposeofamiddleschoolscienceprojectabouttheStroopeffect?• Whatanswerdomostcollegestudentsgivewhenaskedthecostofabaseballandbat?• Whatisano-costwaytopreventshampootheft?

Makethecomplexsimple.

1/29/19 3

What Does a Broker Do?

Abrokerisanindividualpersonwhoarrangestransactionsbetweenabuyerandasellerforacommissionwhenthedealisexecuted.Abrokerwhoalsoactsasasellerorasabuyerbecomesaprincipalpartytothedeal.Neitherroleshouldbeconfusedwiththatofanagent—onewhoactsonbehalfofaprincipalpartyinadeal.-Wikipedia

Securities

Insurance

RealEstate

ThinkmodernRiskFinance.

1/29/19 4

“Know Thy Time”

Property&Liability

EmployeeBenefits

OtherProfessionalServiceProviders

MarketIntelligence

ProcurementPolicies

EssentialSelectionElements

ProfessionalServiceExpectations

BasicSteps

CommunicationandOtherResponsibilities

Beagiletobuildconfidence.

SELECTION

METHODS

1/29/19 5

RFPs

SPECIALISSUES

DECISIONMAKING

INTERVIEWSandREFERENCES

COMPENSATION

CONTRACT

EVALUATION

SCHEDULING

Generategoodwillforallconcerned.

Use All the Tools Available.

1/29/19 6

What are Some T/F Questions You Can Ask in Final Interviews?

•  ThedifferencebetweenDanielKahnemanandMathewMayisAdditionandSubtraction?•  ThedifferencebetweenScottGellerandElliotAronsonisIndustrialandBehavioral?•  ThedifferencebetweenaschooldistrictandamunicipalityisTeachersandPolice?•  ThedifferencebetweenPeterDruckerandFelixKlomanisClaremontandConnecticut?

Checkyourassumptions;StayCurious.1/29/19 7

How Can You Raise District Risk IQ?

RiskFinancingEffectiveness

OptimalCoverageQualityServiceLowTCORActiveCaring

SocialCohesion

VolatilityOver-insurance

Underinsurance

SharingRisk

OwningRisk EnterpriseRiskIntelligence

Risk

Con

trolEffe

ctiven

ess

Theabilitytothinkholisticallyaboutrisk.

Applysystemsthinking.

1/29/19 8

ThankyouCASBO.

LeeW.GabyK12EducationPracticeLeaderAlbertRiskManagementConsultantsOldLyme,CTDirect404.401.7795Lgaby@albertrisk.com

1/29/19 9

7193174v3

CASBO

February 1, 2019

CHILD ABUSE AND NEGLECT REPORTING

Legal Obligations and Legal Issues

Thomas B. Mooney

Natalia Sieira Millan

With statutory changes, reports by the Office of the Child Advocate, and even

arrests of school administrators, the legal obligations of mandated reporters have

been in the news and on the minds of educators. In the following, we will

review the statutory provisions that govern these matters and offer our

commentary and recommendations for compliance with these requirements.

A. DUTIES OF MANDATED REPORTERS

Conn. Gen. Stat. § 17a-101(b):

“Mandated reporters” defined as including “(9) any school employee, as defined

in section 53a-65.

NOTE: Conn. Gen. Stat. § 53a-65(13) provides:

(13) “School employee” means: (A) A teacher, substitute teacher, school

administrator, school superintendent, guidance counselor, school counselor,

psychologist, social worker, nurse, physician, school paraprofessional or coach

employed by a local or regional board of education or a private elementary,

middle or high school or working in a public or private elementary, middle or

high school; or (B) any other person who, in the performance of his or her

duties, has regular contact with students and who provides services to or on

behalf of students enrolled in (i) a public elementary, middle or high school,

pursuant to a contract with the local or regional board of education, or (ii) a

private elementary, middle or high school, pursuant to a contract with the

supervisory agent of such private school.

7193174v3 2

QUERY: Are custodians mandated reporters? How about bus

drivers or food service workers employed by a vendor?

Conn. Gen. Stat. § 17a-101a(a) and (b):

(a) (1) Any mandated reporter, as described in section 17a-101, who in the

ordinary course of such person’s employment or profession has reasonable cause

to suspect or believe that any child under the age of eighteen years (A) has been

abused or neglected, as described in section 46b-120, (B) has had nonaccidental

physical injury, or injury which is at variance with the history given of such

injury, inflicted upon such child, or (C) is placed at imminent risk of serious

harm, or (2) any school employee, as defined in section 53a-65, who in the

ordinary course of such person’s employment or profession has reasonable cause

to suspect or believe that 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, is a victim under the provisions of

section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, and the

perpetrator is a school employee shall report or cause a report to be made in

accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

QUERY: Can the duty to file a report be delegated?

(b) (1) Any person required to report under the provisions of this section who

fails to make such report or fails to make such report within the time period

prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103

shall be guilty of a class A misdemeanor, except that such person shall be guilty

of a class E felony if (A) such violation is a subsequent violation, (B) such

violation was wilful or intentional or due to gross negligence, or (C) such

person had actual knowledge that (i) a child was abused or neglected, as

described in section 46b-120, or (ii) a person was a victim described in

subdivision (2) of subsection (a) of this section.

Conn. Gen. Stat. § 17a-101b(a):

(a) An oral report shall be made by a mandated reporter as soon as practicable

but not later than twelve hours after the mandated reporter has reasonable cause

to suspect or believe that a child has been abused or neglected or placed in

imminent risk of serious harm, by telephone or in person to the Commissioner

of Children and Families or a law enforcement agency. If a law enforcement

agency receives an oral report, it shall immediately notify the Commissioner of

Children and Families.

QUERY: Can a mandated reporter simply report to the police? If

so, what is the duty to file a written report?

7193174v3 3

QUERY: Can mandated reporters rely on the call-back system?

NOTE: Pilot program for electronic filing of reports in “non-

emergent” situations.

Conn. Gen. Stat. § 17a-101c:

Not later than forty-eight hours after making an oral report, a mandated reporter

shall submit a written report to the Commissioner of Children and Families or

the commissioner’s designee. When a mandated reporter is a member of the

staff of a public or private institution or facility that provides care for such child

or public or private school the reporter shall also submit a copy of the written

report to the person in charge of such institution, school or facility or the

person’s designee. In the case of a report concerning a school employee holding

a certificate, authorization or permit issued by the State Board of Education

under the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, a

copy of the written report shall also be sent by the Commissioner of Children

and Families or the commissioner’s designee to the Commissioner of Education

or the commissioner’s designee. In the case of an employee of a facility or

institution that provides care for a child which is licensed by the state, a copy of

the written report shall also be sent by the Commissioner of Children and

Families to the executive head of the state licensing agency.

QUERY: Who is responsible for notifying the Commissioner of

Education?

Q UERY: Who is the “person in charge” of a “public or private

school”?

NOTE: Conn. Gen. Stat. § 17a-101i(e) provides:

(e) For the purposes of receiving and making reports, notifying and receiving

notification, or investigating, pursuant to the provisions of sections 17a-101a to

17a-101h, inclusive, and 17a-103, a superintendent of a school district or a

supervisory agent of a nonpublic school may assign a designee to act on such

superintendent’s or agent’s behalf.

B. DUTIES OF SCHOOL DISTRICTS:

Conn Gen. Stat. § 17a-101i(a):

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

7193174v3 4

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.

* * *

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.

Conn. Gen. Stat. § 17a-101i(f):

(f) On or before February 1, 2016, each local and regional board of education

shall adopt a written policy, in accordance with the provisions of subsection (d)

of section 17a-101, regarding the reporting by school employees, as defined in

section 53a-65, of suspected child abuse or neglect in accordance with sections

17a-101a to 17a-101d, inclusive, and 17a-103 or a violation of section 53-70,

53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a against a victim, as described in

subdivision (2) of subsection (a) of section 17a-101a. Such policy shall be

distributed annually to all school employees employed by the local or regional

board of education. The local or regional board of education shall document that

7193174v3 5

all such school employees have received such written policy and completed the

training and refresher training programs required by subsection (c) of section

17a-101.

QUERY: How may the district’s child abuse and neglect reporting

policy be distributed and documented?

Conn. Gen. Stat. § 17a-101i(g):

(g) (1) Each school employee, as defined in section 53a-65, hired by a local or

regional board of education on or after July 1, 2011, shall be required to

complete the training program developed pursuant to subsection (c) of section

17a-101. Each such school employee shall complete the refresher training

program, developed pursuant to subsection (c) of section 17a-101, not later than

three years after completion of the initial training program, and shall thereafter

retake such refresher training course at least once every three years.

(2) On or before July 1, 2012, each school employee, as defined in section 53a-

65, hired by a local or regional board of education before July 1, 2011, shall

complete the refresher training program developed pursuant to subsection (c) of

section 17a-101 and shall thereafter retake such refresher training course at least

once every three years.

(3) The principal for each school under the jurisdiction of a local or regional

board of education shall annually certify to the superintendent for the board of

education that each school employee, as defined in section 53a-65, working at

such school, is in compliance with the provisions of this subsection. The

superintendent shall certify such compliance to the State Board of Education.

Conn. Gen. Stat. § 17a-106:

All law enforcement officials, courts of competent jurisdiction, school personnel

and all appropriate state agencies providing human services in relation to

preventing, identifying, and investigating child abuse and neglect shall cooperate

toward the prevention, identification and investigation of child abuse and

neglect.

Conn. Gen. Stat. § 10-220(f)

(f) Each local and regional board of education shall maintain in a central location

all records of allegations, investigations and reports that a child has been abused

or neglected by a school employee, as defined in section 53a-65, employed by the

local or regional board of education, conducted pursuant to sections 17a-101a to

17a-101d, inclusive, and section 17a-103. Such records shall include any reports

made to the Department of Children and Families. The Department of Education

shall have access to such records.

7193174v3 6

Conn. Gen. Stat. § 10-221s(b):

(b) A local or regional board of education shall permit and give priority to any

investigation conducted by the Commissioner of Children and Families or the

appropriate local law enforcement agency that a child has been abused or

neglected pursuant to sections 17a-101a to 17a-101d, inclusive, and section 17a-

103. Such board of education shall conduct its own investigation and take any

disciplinary action, in accordance with the provisions of section 17a-101i, upon

notice from the commissioner or the appropriate local law enforcement agency

that such board’s investigation will not interfere with the investigation of the

commissioner or such local law enforcement agency.

Conn. Gen. Stat. § 10-221v:

Not later than January 1, 2016, each local and regional board of education shall

establish a confidential rapid response team to coordinate with the Department

of Children and Families to (1) ensure prompt reporting of suspected abuse or

neglect, as described in section 46b-120, or sexual assault pursuant to the

provisions of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a

against a victim, as described in subdivision (2) of subsection (a) of section 17a-

101a, and (2) provide immediate access to information and individuals relevant

to the department’s investigation. The confidential rapid response team shall

consist of a teacher and the superintendent employed by the board of education,

a local police officer and any other person the board of education deems

appropriate. The department, along with the multidisciplinary team established

pursuant to section 17a-106a, shall take immediate action to investigate and

address each report of child abuse or neglect reported in any school.

C. DUTIES OF DCF:

Conn. Gen. Stat. § 17a-101(d):

(d) On or before October 1, 2011, the Department of Children and Families, in

consultation with the Department of Education, shall develop a model mandated

reporting policy for use by local and regional boards of education. Such policy

shall state applicable state law regarding mandated reporting and any relevant

information that may assist school districts in the performance of mandated

reporting. Such policy shall include, but not be limited to, the following

information: (1) Those persons employed by the local or regional board of

education who are required pursuant to this section to be mandated reporters,

(2) the type of information that is to be reported, (3) the time frame for both

written and verbal mandated reports, (4) a statement that the school district may

conduct its own investigation into an allegation of abuse or neglect by a school

employee, provided such investigation does not impede an investigation by the

7193174v3 7

Department of Children and Families, and (5) a statement that retaliation against

mandated reporters is prohibited. Such policy shall be updated and revised as

necessary.

QUERY: What is the status of the DCF model policy?

Conn. Gen. Stat. § 17a-101a(c):

(c) The Commissioner of Children and Families, or the commissioner’s

designee, shall promptly notify the Chief State’s Attorney when there is reason

to believe that any such person has failed to make a report in accordance with

this section.

QUERY: Does DCF have any discretion in notifying the Chief

State’s Attorney? Should it?

QUERY: Is there any difference between a failure to report and a

late report?

Conn. Gen. Stat. § 17a-101b(d):

(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 member of the staff of a public or private institution or facility

that provides care for such child or 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

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. Such person in charge, or such person’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.

Conn. Gen. Stat. § 17a-101g:

(a) Upon receiving a report of child abuse or neglect, as provided in sections

17a-101a to 17a-101c, inclusive, or section 17a-103, in which the alleged

perpetrator is (1) a person responsible for such child's health, welfare or care,

(2) a person given access to such child by such responsible person, or (3) a

person entrusted with the care of a child, the Commissioner of Children and

Families, or the commissioner's designee, shall cause the report to be classified

and evaluated immediately. If the report contains sufficient information to

warrant an investigation, the commissioner shall make the commissioner's best

7193174v3 8

efforts to commence an investigation of a report concerning an imminent risk of

physical harm to a child or other emergency within two hours of receipt of the

report and shall commence an investigation of all other reports within seventy-

two hours of receipt of the report. A report classified by the commissioner, or

the commissioner's designee, as lower risk may be referred for family

assessment and services pursuant to subsection (g) of this section. Any such

report may thereafter be referred for standard child protective services if safety

concerns for the child become evident. A report referred for standard child

protective services may be referred for family assessment and services at any

time if the department determines there is a lower risk to the child. If the alleged

perpetrator is a school employee, as defined in section 53a-65, or is employed

by an institution or facility licensed or approved by the state to provide care for

children, the department shall notify the Department of Education or the state

agency that has issued such license or approval to the institution or facility of

the report and the commencement of an investigation by the Commissioner of

Children and Families. The department shall complete any such investigation

not later than forty-five calendar days after the date of receipt of the report. If

the report is a report of child abuse or neglect in which the alleged perpetrator is

not a person specified in subdivision (1), (2) or (3) of this subsection, the

Commissioner of Children and Families shall refer the report to the appropriate

local law enforcement authority for the town in which the child resides or in

which the alleged abuse or neglect occurred.

QUERY: What is the consequence if DCF does not complete its

investigation within the specified forty-five calendar day

period?

Conn. Gen. Stat. § 17a-101h:

Notwithstanding any provision of the general statutes, any person authorized to

conduct an investigation of abuse or neglect shall coordinate investigatory

activities in order to minimize the number of interviews of any child and share

information with other persons authorized to conduct an investigation of child

abuse or neglect, as appropriate. A person reporting child abuse or neglect shall

provide any person authorized to conduct an investigation of child abuse or

neglect with all information related to the investigation that is in the possession

or control of the person reporting child abuse or neglect, except as expressly

prohibited by state or federal law. The commissioner shall obtain the consent of

parents or guardians or other persons responsible for the care of the child to any

interview with a child, except that such consent shall not be required when the

department has reason to believe such parent or guardian or other person

responsible for the care of the child or member of the child’s household is the

perpetrator of the alleged abuse or neglect or that seeking such consent would

place the child at imminent risk of physical harm. If consent is not required to

7193174v3 9

conduct the interview, such interview shall be conducted in the presence of a

disinterested adult unless immediate access to the child is necessary to protect

the child from imminent risk of physical harm and a disinterested adult is not

available after reasonable search. For purposes of this section, “child” includes

any victim described in subdivision (2) of subsection (a) of section 17a-101a.

Conn. Gen. Stat. § 17a-101i(a):

(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 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

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-

7193174v3 10

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.

QUERY: What information must DCF provide to school

superintendents?

QUERY: What are DCF’s reporting obligations if the victim is not a

student in the school?

QUERY: What is the duty of DCF if it reverses a substantiation?

QUERY: When must a school employee be suspended?

QUERY: If abuse or neglect is substantiated, must a school district

terminate that employee’s employment?

Conn. Gen. Stat. § 17a-101i(c):

(c) If a school employee, as defined in section 53a-65, or a staff member

described in subsection (b) of this section has a professional license or certificate

issued by the state or a permit or authorization issued by the State Board of

Education or if the institution, school or facility employing the school employee

or staff member has a license or approval issued by the state, the commissioner

shall forthwith notify the state agency responsible for issuing such license,

certificate, permit, approval or authorization of the results of any investigation

described in subsection (a) or (b) of this section pertaining to such school

employee or staff member and provide records, whether or not created by the

department, concerning such investigation.

Conn. Gen. Stat. § 17a-101k(a):

(a) The Commissioner of Children and Families shall maintain a registry of the

commissioner’s findings of abuse or neglect of children pursuant to section 17a-

101g that conforms to the requirements of this section. The regulations adopted

pursuant to subsection (i) of this section shall provide for the use of the registry

on a twenty-four-hour daily basis to prevent or discover abuse of children and

the establishment of a hearing process for any appeal by a person of the

commissioner’s determination that such person is responsible for the abuse or

neglect of a child pursuant to subsection (b) of section 17a-101g. The

information contained in the registry and any other information relative to child

abuse, wherever located, shall be confidential, subject to such statutes and

regulations governing their use and access as shall conform to the requirements

7193174v3 11

of federal law or regulations. Any violation of this section or the regulations

adopted by the commissioner under this section shall be punishable by a fine of

not more than one thousand dollars or imprisonment for not more than one year.

QUERY: Can parents obtain the Form 136 as to their child by

making a FERPA request?

NOTE: See Conn. Gen. Stat. § 17a-28(c) and (d), which provides

that records may be release if “authorized by law:” (e.g.,

FERPA):

(c) Records that (1) contain privileged communications, or (2) are confidential

pursuant to any federal law or regulation shall not be disclosed except as

authorized by law.

(d) Any information disclosed from a person's record shall not be further

disclosed to another individual or entity without the written consent of the

person, except (1) pursuant to section 19a-80 or 19a-80f, provided such

disclosure is otherwise permitted pursuant to subsections (b) and (c) of this

section, (2) pursuant to the order of a court of competent jurisdiction, or (3) as

otherwise provided by law.

Conn. Gen. Stat. § 17a-101o(a) and (b):

(a) If the Commissioner of Children and Families suspects or knows that a

mandated reporter, as defined in section 17a-101, employed by a local or

regional board of education, has failed to make a report that a child has been

abused or neglected or placed in immediate risk of serious harm within the time

period prescribed in sections 17a-101a to 17a-101d, inclusive, and section 17a-

103, the commissioner shall make a record of such delay and develop and

maintain a database of such records. The commissioner shall investigate such

delayed reporting. Such investigation shall be conducted in accordance with the

policy developed in subsection (b) of this section, and include the actions taken

by the employing local or regional board of education or superintendent of

schools for the district in response to such employee’s failure to report.

(b) The Department of Children and Families shall develop a policy for the

investigation of delayed reports by mandated reporters. Such policy shall

include, but not be limited to, when referrals to the appropriate law enforcement

agency for delayed reporting are required and when the department shall require

mandated reporters who have been found to have delayed making a report to

participate in the educational and training program pursuant to subsection (b) of

section 17a-101a.

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NOTE: Conn. Gen. Stat. § 17a-101a(b)(3) provides:

(3) Any person found guilty under the provisions of this subsection shall be

required to participate in an educational and training program. The program

may be provided by one or more private organizations approved by the

commissioner, provided the entire cost of the program shall be paid from fees

charged to the participants, the amount of which shall be subject to the approval

of the commissioner.

QUERY: What is the status of this policy?

The laws governing the obligations of mandated reporters, school districts, and DCF

are complicated, but the underlying goal of protecting children is clear. We hope that

this review and the related questions and comments have been helpful to you.