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Compendium Notebook Anita Watkins EDU 702 10/20/10 Compendium Notebook First Section School Law: State of ConnecticutModule 1, Legal Framework of EducationState statutes that cover education are found within Title 10, sections one through three hundred thirty-four. All of these statutes can be found in General statutes, Education and Culture, chapters one-hundred sixty-three through one hundred eighty at cga.2009/pub/title10.htm.Educational Opportunities Chapter 164:Section 10-16c. State board to develop family life education curriculum guides-On or before September 1, 1980, State Board of Education will develop curriculum guides to facilitate districts in developing family life education programs. The curriculum should include family planning that includes the physical and emotional aspects of family life. Abortion as an alternative to family planning should not be a part of curriculum. 10-16d. Family life education programs not mandatory-No local or regional boards are required to develop or implement such a program. 10-16e. Students not required to participate in family life education programs-Participation in the program of family life is not a requirement for students; furthermore, students can be excused from the program with parental or guardian consent. 10-16f. Family life programs to supplement required curriculum-Local or regional boards will on no way use this program instead of health education, hygiene or comparable requirements. Board of Education-The members of the State Board of Education are appointed by the governor to four year terms based on recommendations of the General Assembly. There are eleven members, of which two are nonvoting high school students that serve one year terms. The head of the board is the “Commissioner of Education” chosen by recommendations from the members and shall serve a four year term coterminous with the Governor’s term as written in statute 10-1 and 10-2 at cga.2009/pub/chap163.htm#Sec10-1.htm State Court System-The court system of the state of Connecticut is comprised of the Supreme Court, Appellate Court and the Superior Court. Judges from all of the courts are nominated by the governor and appointed by the General Assembly to eight year terms. states/Connecticut-Judicial-system.html. The Supreme Court hears the cases that are appealed from the Appellate Court and in certain circumstances from the Superior Court. The Appellate Court was created in 1982 as an amendment to the state’s constitution. It was established because of the backlog of pending cases of the Supreme Court. The Superior Court has trial divisions for civil, criminal and family cases. These courts can be found in twelve judicial districts. The Superior Court is the trial court and it hears legal controversies, except those that probate courts have jurisdiction over. is in the Second U.S. Court of Appeal. Bronx Household of Faith v Board of Education of city of New YorkDocket 02-7781-Use of public school buildings for Sunday worship by Christian church.Affirmed religious speech on public property Gulino v New York State EducationDocket 03-9062-Argued teacher certification program is racially discriminatory. v. Spelling-Among many claims Connecticut argued, that then Secretary of Education Spelling, did not interpret NCLB, as intended. Connecticut had accepted Title I funding, which meant that they would have to follow the requirements detailed in NCLB. Waivers to certain requirements could be granted at the discretion of Spelling. Connecticut drafted a plan that was denied by Spelling which entailed state testing every other year, as opposed to yearly. Also, English Language Learners would be tested three years after entering the United States, and special need students would be tested at their instructional level, as stated in their Iep’s and not their grade level. This plan was denied by Secretary Spelling, which caused the court case to be filed. The state’s challenge was dismissed. 2, Church-State Relations 1. Section 10-16a. Silent Meditation-Every local or regional board of education will provide for ach teacher and student an opportunity for silent meditation at the start of the school day, found at Section 52-571b.Action or defense authorized when state or political subdivision burdens exercise of religion-The state or any political subdivision can only burden a person’s exercise of religion only if it furthers a compelling government interest or it is the least restrictive means of furthering the compelling government interest. 2. Blaine Amendment-Connecticut has no Blaine Amendment, along with ten other states, Arkansas, Louisiana, Maine, Maryland, New Jersey, North Carolina, Rhode Island, Tennessee, Vermont and West Virginia. 3. Lamb’s Chapel v. Center Moriches School District Docket 91-2024-Use of district’s property for after school program to show religious film series sponsored by Lamb’s Chapel Evangelical church. New York state law authorizes the use of the Districts property to be used for social, civic, or recreational activities that promote the interests of the public. District refused to allow Lamb’s Chapel use of their property. The District felt that they would be violating the Establishment Clause. The ruling found that allowing Lamb’s Chapel to use the school facility does not pose a danger of violating the Establishment Clause by the school. Peck v. Baldwinsville Central School District-Parents sue a school district on behalf of their Son who is in Kindergarten. The student was asked to create a poster depicting what they had learned in the environment unit. The posters were to be created at home. The student with the aid of his parents created a poster depicting a robed figure, “Jesus.” He turned in the assignment to his teacher, which in turn took it to the Principal, who suggested that the student do another poster using information from the unit; for instance, recycling, garbage, etc. The student and parent created a second poster with information from the environment unit and a picture of a church and Jesus. The teacher showed the poster to the Principal, who then said that they would display it along with the other students’ work, but that the religious portion of the poster should be folded back. Parents saw the display of the students’ posters and noted the folded portion of their sons and claimed that their son’s free speech rights were violated because his work was censored. The Court found no violation of free speech. In the first poster the student did not address the assignment because there were no environmental pictures. In the second poster, the portion that was not part of the assignment was folded back. There was no evidence by the Plaintiff that the poster would not have been treated similarly, if it had depicted a secular image that did not show the assignment set by the teacher. Doe 1,2,3,4 and 5 v. Enfield Public Schools-Students and their parents brought action against a public school because they sought to hold graduation ceremonies in a Christian Church. The students and their parents claimed that using the church for the graduation ceremony would violate the Establishment Clause of the First Amendment. The Court granted the injunction and Enfield Public Schools was prohibited from holding the graduation in the church. 3, Tort Liability 1. Connecticut banned corporal punishment. Some of the Tort Liability statutes can be found in Connecticut’s General Assembly statutes. Section 46a-151-Life-threatening physical restraint is prohibited. Section 46a-152-Physical restraint, seclusion and use of psychopharmacologic agents are restricted. Parent or Guardian must be notified of any restraint or seclusion of child. Seclusion and restraint must be documented, and cannot be used as a form of discipline. Section 46a-153-Seclusion and restraint must be recorded. Section 52-557-Injury to children being transported to school-Personal injury received by being transported to and from school by a vehicle leased, owned, hired by, or operated under school district, shall not use as a defense that the transportation is in line with governmental duty. Any action brought against a district will not use as a defense sovereign immunity or that the transportation was being provided by an independent contractor. Section 52-557b-“Good Samaritan Law” Immunity from liability for emergency medical assistance, first aid, or medication by injection. School personnel not required to administer or render-An LPN, RN, teacher, or anyone who has completed a course in first aid by the American Red Cross who renders emergency care, or chooses no to, shall not liable for civil damages which result from the omission or rendering of emergency care service. Section 53a-18-Use of reasonable physical force or deadly physical force generally-A teacher for school purposes may use reasonable physical force to protect themselves or others from physical injury, obtain possession of a dangerous instrument or controlled substances, protect property, restrain or remove minor to another area. 2. Chapter 925, Statutory Rights of Action and Defenses, Section 52-572l of the General Assembly states that Connecticut is a comparative and contributory negligence jurisdiction. 3. Section 4-165-Immunity of state officers and employees from personal liability-No state employees personally liable for damage or injury caused within the duties of their employment. Any person who has a claim for damages or injury, should make it against the state. 4. Section 10-145a-Any candidate in a teacher certification program is encourage to complete a health component of the program, which will include child abuse, human growth and development, nutrition, first aid, disease prevention, community and consumer health, youth suicide, alcohol and drug abuse. Section 17a-101a-Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report-Any mandated reporter who in the course of employment or profession has cause to suspect or believe that an underage child has been abused or neglected shall report or cause a report to be made. Section 17a-101b-Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility, or school when staff suspected of abuse or neglect-A report must be made no later than twelve hours after suspicion that child has been abused or neglected or placed in risk of harm. Section 17a-101i-Abuse of child by school employee or staff member of public or private institution or facility providing care for children. Suspension. Notification of state’s attorney re conviction. Boards of education to adopt written policy re reporting of child abuse by school employee-After an investigation, if there is cause to believe that child abuse and neglect occurred; certified employee could be put on child abuse and neglect registry, put on suspension, and loses certification, if proven to be true. Section 10-220a-In-Service training, Professional Development, Institutes for educators, Cooperating teachers programs, regulations-Each Board of Education will provide an In- Service training program for teachers, administrators, pupil personnel on drugs, child abuse, youth suicide risk-taking behaviors, pregnancy, HIV, etc. Module 4, Student Classification Resource equity and equality of opportunity can be found in Chapter 163 of Connecticut’s General Assembly in the State Board of Education, Department of Education in the following sections. Around 1997, the State Board of Education developed a plan that would focus on achieving equity and equality of opportunity. 1. Section 10-4p-Implementation plan to achieve resource equity and equality of opportunity. The State Board of Education developed a strategic plan to implement goals that would achieve equity and equality of opportunity. The implementation of the goals would increase student, reduce racial, ethnic and economic isolation, improve instructional strategies, improve parental and community involvement. The plan would also focus on improving disparities in resources, including educational materials, supplies, equipment, textbooks, library materials, facilities, and expenditures. 2. Gagliardo v. Arlington Central School District-Docket 06-1494-Under the IDEA, parents of a disabled child are asking for reimbursement of tuition for their child’s private school. The District is in agreement with the parents that the child should be placed in a private school, but they are not in accordance with the private school that has been chosen by the parents. The District Court found that the school of choice by the District, would not afford a “free appropriate public education” required by IDEA and parents’ placement was appropriate. McCormick Josef Geldwerth v. School District of Mamaroneck- Docket 03-7892-A parent sues the District on behalf of his minor daughters who are soccer players. In essence, the suit is states that the Girl’s Soccer team play in the spring and the boy’s in the fall. Because of this, the girls are not able to compete in State Championships, which occur in the fall. The Plaintiffs felt that this was an issue of discriminating against the women’s team; therefore, there exists a disparity between the girl’s and boy’s teams. It was found by the Court, that the school district did violate Title IX of the Education Amendment, but it would give the District the opportunity to create a plan that would alternate between the two teams to play in the fall. 3. Requirements to teach English as a Second Language, Gifted and Talented can be found in Connecticut’s General Assembly Chapter 164 and 166. Section 10-17f-Duties of boards of education regarding bilingual education programs. Development of state English mastery standard. Regulation.- Each board of education will limit the time spent in bilingual education by students to thirty months. If after thirty months the student has not reached proficiency, the board of education will provide language transition support services to the student. Section 10-76d-Duties and powers of boards of education to provide special education programs and services-Boards of education will provide services that identify children that require special education and provide programs to those children, in order to provide a free appropriate public education. This applies, but not limited to, handicapped and gifted and talented. The board shall notify a parent or guardian of a child found to be in need of special education, in writing at least five school days before a change in the student’s identification evaluation. Parents and guardians have a right to participate in the planning, placement meeting on behalf of the child. They also have the right to pursue independent counsel at districts expense, if they do not agree with the placement or results. Section 10-145b-Teaching Certificates-In order to obtain a provisional teaching certificate, a provisional educator certificate or an initial educator certificate, an applicant has to complete no less than thirty-six hours in special education, which will include the understanding of growth and development of exceptional students, including handicapped, gifted and talented and any child that requires special education and identifying requirements for special needs students in a regular classroom. Section 10-145h-Requirements for certification as a bilingual education teacher-The State Board of Education requires that any applicant who is pursuing certification in bilingual education to demonstrate proficiency of English by passage of a skills test, as well as, the other language. Furthermore, if applicant is pursuing elementary level bilingual education, applicant must have achieved a satisfactory evaluation for elementary school, as well as, six credit hours in English as a second language. An applicant pursuing secondary level bilingual education, applicant must have achieved satisfactory evaluation in a specific subject area, and have completed six semester hours of English as a second language. Section 10-220a-In-service training, professional development. Institutes for educators Cooperating and beginning teacher programs, regulations-Board of education shall provide teachers, administrators, and student personnel with training with in-service in growth and development with special education of exceptional children, including handicapped and gifted and talented. Section 10-253-School privileges for children in certain placements, nonresident children and children in temporary shelters-Local and regional board of education shall provide educational services for homeless children and youths. 4. Section 10-15c-Discrimination in public schools is prohibited-An equal opportunity to participate in activities, course of study, programs without discrimination because of race color, sex, religion, national origin or sexual orientation. 5. Connecticut does have a HOUSSE standard for special education teachers hired after July 1, 2006. Teachers that teach three core academic subjects have to be highly qualified in at least one. The HOUSSE plan can be used within two years to determine competency. 6. Section 10-222d-Policy on bullying behavior-Each board of education has to develop a policy that (1) enable students to report bullying anonymously to their teachers or administrators, (2) enable parents or guardians to report bullying, (3) require teachers and staff who witness bullying or receive reports to notify an administrator, (4) require administrators to investigate and review written reports of bullying, (5) include strategies for teachers and staff to deal with bullying, (6) include language in student code of conduct concerning bullying, (7) require notification to parents and guardians of students doing the bullying and those students being bullied to be notified, (8) require of each school a list of bullying acts and response by staff and consequences that may result from further acts of bullying, and make list available for public inspection. 7. Section 10-263e-Safe learning grant program-The department of Education will establish a grant to aid school districts (1) where children can learn without fear of physical or verbal intimidation, (2) activities that encourage mutual respect (3) decreases aggressive behavior (4) establishing conflict and intervention strategies (5) eliminating bullying (6) extending safe school environment to extracurricular activities, (7) after school programs, (8) develop crisis and violence prevention policies and strategies. 5, Students’ Rights 1. Parents or Guardians who care for children have a duty to have the child attend school, if they are between the ages of five and eighteen years old. A parent may consent to the withdrawal of a student from school, if they are sixteen or seventeen years old. Each board of education must furnish transportation, or other accommodations for a child between five and twenty-one, who has not graduated school, to attend school. A parent or guardian may consent to withdrawal of child from school and show that the child is receiving equivalent instruction, elsewhere. The district will provide options of educational opportunities to parents. There is no specific home school statute. Each board of education requires a child to be protected by immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenza type B and any other vaccine required by the schedule for active immunizations. Before going into 7th grade a child will receive a second immunization for measles. No person who receives confidential HIV related information can disclose it or be compelled to do so, some that can are (1) the protected individual, his legal guardian or a person authorized to consent to health care for such individual (2) any person who secures a release of confidential HIV-related information; ??(3) A federal, state or local health officer when such disclosure is mandated or authorized by federal or state law; (4) A health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care for the individual or a child of the individual?(5) A medical examiner to assist in determining the cause or circumstances of death. A parent or guardian of a student, upon written request to board of education, is entitled to all knowledge contained in student’s record. There is no specific standardized testing statute in Connecticut. Though, an annual portfolio review will be held with the parents and school officials to determine if instruction in the required courses has been given. 2. Section 10-233c-Suspension of pupils-Students cannot get suspended for dress code violation. It is an invasion of the student’s right to privacy. There are no statutes within Title 10 that address freedom of speech or censoring as they relate to education. 3. Section 10-233c-Suspension of pupils-Any board of education may authorize a school administrator to suspend from school privileges any student whose conduct in school, or school-sponsored activities are a violation of school policy. When determining the length of suspension, administrators may consider past discipline problems that the student has had. Administrator must notify superintendent of suspension within twenty-four hours, student will be given opportunity to complete class work and tests, suspension will be included in students’ cumulative education record and will be expunged if the student graduates high school. Section 10-233f-In-school suspension of pupils-Any board of education may authorize a school administrator to impose an in-house suspension to a student who has been disruptive of the educational process or has violated policy. There must be an informal hearing before an administrator and informed of reason for disciplinary action and given an opportunity for explanation. A student may not be placed in in-school suspension more than fifty days in a school year. Section 10-233d-Expulsion of pupils-Any board of education at a meeting with three members present may expel a student who has violated school policy in school or at a school-sponsored activity or has been seriously disruptive to the educational process or endangers persons or property and at least three board members vote to expel. Every student shall have a formal hearing; notification will be given to parents or guardian. Section 10-198a-Policies and procedures concerning truants-Each board of education will implement policies concerning truants. (1) meeting with parent and child who is truant (2) referrals to child and family services (3) at the beginning of school notify parents or guardian in writing of their obligation (4) at the beginning of the school year obtain a telephone number or a means of contacting parent or guardian (5) a way of monitoring unexcused absences. There are no search and seizure statutes within Title 10. 4. DeFabio v. East Hampton Union Free School District-Docket 09-4407-A student wants to return to his school to make a statement that he did not say a racial slur that was attributed to him saying. He is claiming violations of freedom of speech and association which are in violation of the First and Fourteenth Amendment rights. The District feels that if student is permitted to return and deliver his statement, he could be assaulted. Court concluded that there is an absence of violation on the part of the District. Doninger v. Niehoff- Docket 07-3885-A student in Connecticut is disqualified from running for school office because she posted “vulgar” and misleading messages on a “blog” about a cancelled school event. Student claimed First Amendment violations and sued the principal and superintendent. Her mother moved for a preliminary injunction to hold elections again or to allow her daughter the title of the office she was seeking and have her speak at graduation ceremonies, as a class officer. Injunction was denied on the basis of foreseeable risk of substantial disruption at the high school, also, the plaintiff failed to show likelihood of success on the merits. The Second District Court ruled that there was an absence of “violations of specific constitutional guarantees.” 6, Teacher’s Substantive Rights Most of the teachers’ rights statutes are found in the Connecticut‘s General Assembly, Title 10, Chapter 166, Teachers and Superintendents. 1. Tenure in Connecticut is defined as, completion of thirty school months of continuous employment for the same board, if teacher was employed before July 1, 1996, or completion of forty months, if hired after July 1, 1996. Once tenure is attained, if a teacher is laid off, tenure will resume if hired, again. If a teacher has attained tenure in one board and employment ends; the teacher may have tenure after twenty months of employment with the new board. Tenure can be terminated for (1) inefficiency or incompetence (2) insubordination (3) moral misconduct (4) disability shown by medical evidence (5) elimination of position or loss of position to another teacher (6) other due or sufficient cause. A teacher who has not attained tenure can be terminated at any time, and teacher must be notified by April first. Within twenty days of termination, a non-tenured teacher may write a request to the board for a hearing. The teacher will not be entitled to a hearing if the cause of termination is elimination of position or loss of position to another teacher. 2. There are no statutes that specifically address sexual orientation of teachers, though Section 10-15c states discrimination in public schools is prohibited, it speaks of students. 3. Whistle blowing references are found in Chapter 14, Freedom of Information Act in Connecticut’s General Assembly and it is not specific to education. It states that it is prohibited to disclose records or names of state employees providing information for whistle blowing investigation. 4. The State Board of Education controls educational interests for the state, inclusive of textbooks. cga.2005/pub/Chap163.htm#Sec10-4.htm The textbooks chosen should be accurate representations of achievements and accomplishments of individuals from all ethnic and racial backgrounds and of both sexes. 5. Harhay v. Town of Ellington Board of Education-Docket 01-9173-A teacher (Harhay) in Connecticut, brought action against the board claiming violation of her right to due process, breach of contract, and intentional infliction of emotional distress. According to Harhay, the board refused to accept another teacher’s resignation and rehire her for the position. The claim of intentional infliction of emotional distress was dismissed. The plaintiff failed to state a cause of action, to substantiate the defendants’ legislative and qualified immunity as to the due process claim. The Defendant’s moved for summary judgment on due process claim; the plaintiff did not exhaust administrative remedies. On appeal, the Circuit Court found that they were entitled to qualified immunity and upheld denial of District Court’s decision on the Board members’ legislative immunity. The case was remanded back to district court with instructions to enter judgment on Defendant’s for plaintiff’s due process claim. Weintraub v. Board of Education City School District of City of New York-Docket 07-2376- A school teacher claimed that a school district violated his First Amendment right because he was retaliated against based on a grievance that he filed with his union stating that an assistant principal did not discipline a student that had thrown a book at him. The District Court dismissed his claim concluding that First Amendment does not protect “made pursuant to public employee’s official duties.” The District Court was affirmed in its decision. It was stated that Weintraub’s grievance was in furtherance of his duties as a public school teacher and not as a private citizen; therefore, not protected speech. Galabya v. New York City Board of Education-Docket 99-7046-Mr. Galabya filed a claim against the Board under the Age Discrimination in Employment Act of 1967, ADEA. He taught typing to emotionally disturbed students from 1974 to 1982. His licensed was revoked and he took a leave of absence. In 1987 he began teaching, again, as a substitute. In 1991 his license was restored and he began teaching under that license. At that time, it was common to fill special education teacher positions with teachers who were out of license. In 1993, a fifty-three year old teacher was hired to teach a typing class, appellant was sixty-eight at the time. The teacher had more seniority than appellant. Policy had changed and teachers were only permitted to teach within their certification area. There were no positions available for appellant in that school, at that time. Appellant would now be assigned to another position in the district. He was advised of this in a letter dated May 24, 1993, by August 31, 1993; he had filed a complaint with Equal Employment Opportunity Commission alleging age discrimination. September 20, 1993 he was reassigned to a position, but the assignment was rejected because he was not qualified in the particular stenography equipment that the school had. He was reassigned a week later to teach keyboard at another school, with no affect to his salary. After a series of disputes at the new school, he took a leave of absence and eventually fired. The District Court and on appeal, Circuit Court found argument by Appellant to have no merit. 7, Terms and Conditions of Employment Most statutes that apply to teachers and superintendents referencing terms and conditions of employment can be found in Title 10, Chapter 166 Teachers and superintendents, of the Connecticut General Assembly. 1. The State Board of Education can issue an initial teaching certificate to anyone that has graduated from (1) a four year baccalaureate program of teacher education (2) from a four year baccalaureate program from an accredited college or university providing the person has taken teacher training equivalents. The initial educator certificate is valid for three years. During the initial certificate period, the holder shall (1) be under supervision of administrators and regularly observed, guided and evaluated on performance (2) participate in a beginning educator program, if one exists for the holder’s endorsement area. Candidates must achieve satisfactory scores on state writing, reading and mathematics competency and subject area examination. The State Board of Education will issue a temporary ninety-day certificate when (1) a school makes a written request for issuance, the following are required; applicant holds a Bachelor’s degree with a major closely related to certification endorsement area, has successfully completed a classroom management and methodology class, undergraduate “B” average, evidence of appropriate experience working with children, course of study in special education. A person holding a provisional certificate will be supervised, regularly observed, guided and evaluated. The person would have had to complete a beginning educator program, one school year of successful teaching, completed at least three years of successful teaching in public or non-public school, has met eligibility requirements for an initial certificate, has successfully taught with a provisional teaching certificate for the year immediately preceding an application for a provisional certificate. To qualify for a standard certificate a person who holds a provisional certificate would have completed thirty credit hours of post baccalaureate coursework. Coursework does not have to lead to a master’s degree and could be in undergraduate or graduate courses. An administrative license encompasses the above along with an additional fifteen hours of supervisory training. There is also an Alternate route to certification program in the state. 2. In Connecticut, teachers can be dismissed on the following and similar grounds, inefficient or incompetent, insubordination, moral misconduct, disability shown by medical evidence, elimination of position, or loss of position to another teacher, other due and sufficient cause. Prior to termination, superintendent will give written notice of concerns to the teacher that termination is being considered. Within seven days of receiving notice, the teacher may request reasons. Superintendent will reply within seven days. Within twenty days of receipt of written notice of termination consideration, the teacher may submit a written request for a hearing. Within fifteen days hearing will take place with board members and findings and recommendations will be submitted. If teacher is recommended for termination, teacher can appeal within thirty days of the decision. A teacher can be suspended from duty by the board or superintendent immediately when there is an issue of serious misconduct. 3. An evaluation of teachers consists of strengths, areas needing improvements, and strategies for improvement and must be performed continuously. 4. Section 10-153-Discrimination on account of marital status-No boards shall discriminate against teachers based on their sex, marital status, and in determination of salary. 5. Section 17a-101a-Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report-Any mandated reporter who in the course of employment or profession has cause to suspect or believe that an underage child has been abused or neglected shall report or cause a report to be made. Section 17a-101b-Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility, or school when staff suspected of abuse or neglect-A report must be made no later than twelve hours after suspicion that child has been abused or neglected or placed in risk of harm. 6. The board, with guidelines set by the state shall develop an evaluation program with mutual agreement with the teacher’s union. Each teacher can continuously be evaluated on strengths, areas needing improvement, and strategies for improvement. Failure to follow the established procedure of the evaluation program, shall be subject to collective bargaining agreement negotiation. Therefore, teacher evaluation is not a mandatory subject of collective bargaining. The board shall offer health insurance plans to any of its members that are receiving retirement benefits or disability. Also, to the spouse or surviving spouse of the member and to disabled dependent, if there is no spouse or surviving spouse, they may fully participate in group health insurance plans maintained for active teachers. Connecticut has a Teacher Negotiation Act which incorporate statutes 10-153a to 10-153n of the Connecticut General Assembly. Section 10-153a-Rights concerning professional organization and negotiation. Section 10-153b-Selection of teachers’ representatives. Section 10-153c-Disputes as to elections. Section 10-153d-Meeting between board and fiscal authority required. Duty to negotiate. Section 10-153e-Prohibited practices of employers, employees and representatives. Section 10-153f-Mediation and arbitration of disagreements Section 10-153g-Negotiation concerning salaries, hours and other conditions of employment Section 10-153h-Appropriation Section 10-153i-Designation of statutory agent for service of process. Section 10-153j-The making of service of process, notice or demand. Section 10-153k-Teacher Negotiation Act applies to incorporated, endowed high schools, or academies. Section 10-153l-Applicability of employment of teachers’ statutes and teacher negotiation law to incorporated, endowed high schools, or academies. Section 10-153m-Payment of attorney’s fees in proceedings to vacate or confirm teacher grievance arbitration awards. Section 10-153n-Applicability of employment of teachers’ statute and negotiation law to the Gilbert School. 7. Title 5 State Employees, Chapter 68, Collective Bargaining for State Employees, Section 5-276a of Connecticut’s General Assembly states that if an employer or a designated employee organization wants negotiation to an original or successor collective bargaining agreement will serve written notice to the other party not more than one hundred and eighty days before the expiration of the existing collective bargaining agreement, nor less than one hundred and fifty days prior. Negotiations will start within thirty days. 8. As per Chapter 166, Section 10-153a, the conditions that can be negotiated are salaries hours and other conditions of employment free from interference, restraint, coercion, or discriminatory practices by any employing board of education or administrative agents or representative. No provision of any general statute that shall prevent negotiations between employers and employees. A strike by state employees is prohibited. Although not a statute, in my research I found a few sites that suggested school calendar year, as off-limits for negotiation. ???? ................
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