HB 5327 — AN ACT AUTHORIZING THE DISCLOSURE OF AN OPEN INVESTIGATION OF ABUSE OR NEGLECT OR SEXUAL MISCONDUCT, INJURY OR RISK OF INJURY TO OR IMPAIRING THE MORALS OF A MINOR DURING THE HIRING PROCESS OF A SCHOOL EMPLOYEE.

(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 obtainsHB5327 information/ andFile recommendationsNo. which may be relevant to the applicant's fitness for employment, including whether there is a pending investigationoftheapplicant for allegationsofabuse or neglect or sexual misconduct conducted by such former employer, provided such effort shall not be construed to require more than three telephonic requests made on three separate days.

(m)381 No8 localsHB5327 orFile regional board of education, council, operator or supervisory agent shalloffer 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] applicant (1) has been convicted of a violation of section 17a- 101o, [when] (2) has had an allegation of abuse or neglect or sexual LCO No.

2004381 8obtain ofinformation 11and Raisedrecommendations Billwhich No.5327may [assaultbe hasrelevant been]to misconductthe substantiated,applicant's orfitness (3)for isemployment, beingincluding investigatedwhether orthere hasis a pending investigationinvestigationoftheapplicant for abuseallegationsofabuse or neglect or sexual misconduct.misconduct or involving the injury or risk of injury to, or impairing the morals of, a minor conducted by such former employer, 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 shalloffer 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] applicant (1) has been convicted of a violation of section 17a- 101o, [when] (2) has had an allegation of abuse or neglect or sexual [assault has been] misconduct substantiated, or (3) is being investigated or hasa pending investigationfor abuse or neglect or sexualmisconduct or involving the injury or risk of injury to, or impairing the morals of, a minor.

(f) Notwithstanding the provisions of subsection (g) of section 31-51i, and to the extent permissible under state and federal laws regarding the dissemination of criminal history records, the State Board of Education shall,uponrequest of aneligibleschooloperator, make availableto such eligible school operator requesting information concerning an applicant for a position with such eligible school operator (1) any information concerning the applicant's eligibility for employment in a position with such eligible school operator requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct, as defined in section 10-222c, as amended by this act, andor anyinvolving information concerning such a finding, [and] (3) whether the departmentinjury hasor receivedrisk notification that the applicant has been convicted of ainjury crimeto, or ofimpairing criminalthe chargesmorals pendingof, againsta theminor, applicant and any information concerning such charges,sHB5327 and/ (4)File whetherNo. the department has been notified pursuant to subsection (b) of section 10-222c, as amended by this act, that the applicant is under investigation or has been disciplined for a finding of abuse or neglect or sexual misconduct by a former employer, as defined in section 10-222c, as amended by this act, unless the investigation resulted in a finding that all allegations were false or unsubstantiated.

381 9 sHB5327 File No.

381 a finding, [and] (3) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges, and (4) whether the department has been notified pursuant to subsection (b) of section 10-222c, as amended by this act, that the applicant is under investigation or has been disciplined for a finding of abuse or neglect or sexual misconduct or involving the injury or risk of injury to, or impairing the morals of, a minor by a former employer, as defined in section 10-222c, as amended by this act, unless the investigation resulted in a finding that all allegations were false or unsubstantiated.

Subsection (f) of section 10-232a of the 2026 supplement to the general statutes is repealed and the following is substituted in lieu LCOthereof No.(Effective July 1, 2026):

2004(f) 9Notwithstanding the provisions of 11subsection Raised(g) Billof section 31-51i, and to the extent permissible under state and federal laws regarding the dissemination of criminal history records, the State Board of Education shall, upon request of a nongovernmental school operator, make available to such nongovernmental school operator requesting information concerning an applicant for a position with such nongovernmental school operator, (1) any information concerning the applicant's eligibility for employment in a position with such nongovernmental school operator requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct, as defined in section 10-222c, as amended by this act, or involving the injury or risk of injury to, or impairing the morals of, a minor and any information concerning such a finding, [and] (3) whether the department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges, and (4) whether the department has been notified pursuant to sHB5327 / File No.

5327381 thereof10 (EffectivesHB5327 JulyFile 1,No. 2026):

(f)381 Notwithstanding the provisions of subsection (g)(b) of section 31-51i,10-222c, andas toamended theby extentthis permissibleact, underthat state and federal laws regarding the dissemination of criminal history records, the State Board of Education shall, upon request of a nongovernmental school operator, make available to such nongovernmental school operator requesting information concerning an applicant foris aunder positioninvestigation with such nongovernmental school operator, (1) any information concerning the applicant's eligibility for employment in a position with such nongovernmental school operator requiring a certificate, authorization or permit issued pursuant to chapter 166, (2) whether the department has knowledge that the applicant has been disciplined for a finding of abuse or neglect or sexual misconduct,misconduct asor definedinvolving in section 10-222c, as amended by this act, and any information concerning such a finding, [and] (3) whether the departmentinjury hasor receivedrisk notification that the applicant has been convicted of ainjury crimeto, or ofimpairing criminal charges pending against the applicantmorals andof, any information concerning such charges, and (4) whether the department has been notified pursuant to subsection (b) of section 10-222c, as amended by this act, that the applicant is under investigation or has been disciplined for a findingminor of abuse or neglect or sexual misconduct by a former employer, as defined in section 10-222c, as amended by this act, unless the investigation resulted in a finding that all allegations were false or unsubstantiated.

3 July 1, 2026 10-232a(f) LCOED No.Joint Favorable Subst.

2004sHB5327 10/ ofFile 11 Raised Bill No.

5327381 Statement11 ofsHB5327 Purpose:File No.

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2004OFA 11Fiscal ofNote 11State Impact:

None Municipal Impact:

None Explanation The bill has no fiscal impact.

It expands various requirements related to hiring employees who would have direct contact with students.

The bill is not expected to impact existing costs to school districts or theState Department of Education (SDE) associated with hiring decisions.

The Out Years State Impact:

None Municipal Impact:

None sHB5327 / File No.

381 12 sHB5327 File No.

381 OLR Bill Analysis sHB 5327 AN ACT AUTHORIZING THE DISCLOSURE OF AN OPEN INVESTIGATION OF ABUSE OR NEGLECT OR SEXUAL MISCONDUCT, INJURY OR RISK OF INJURY TO OR IMPAIRING THE MORALS OF A MINOR DURING THE HIRING PROCESS OF A SCHOOL EMPLOYEE.

SUMMARY This bill makes various revisions to the laws on the disclosure of certain misconduct-related information during the hiring process of a prospective school employee and when an applicant cannot be hired, including:

1.

requiring applicants (including those who are contractors) to state in their application (a) whether they are facing a pending investigation of abuse, neglect, or sexual misconduct (as they must already do for any past investigations they faced that were not found to be unsubstantiated);

or (b) whether they faced or are facing a pending investigation related to injury or risk of injury to,orimpairing themoralsof,aminor;

and(c)that they authorize former employers to disclose this information to school governing entities;

2.

requiring school governing entities to (a) inform the State Department of Education (SDE) if they learn that a job applicant or employee is under investigation for abuse, neglect, or sexual misconduct (as they must already do for substantiated findings ofthese acts);(b)disclose investigationson injury orrisk ofinjury to, or impairing the morals of, a minor;

and (c) ask SDE if it has received any information like this on an applicant;

3.

prohibiting school governing entities from offering employment to applicants being investigated or that have a pending sHB5327 / File No.

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381 investigation for abuse;

neglect;

sexual misconduct;

or situations involving the injury or risk of injury to, or impairing the morals of, a minor (they already cannot hire someone with a substantiated abuse, neglect, or sexual misconduct allegation);

4.

expanding the prohibition on schools entering collective bargaining or other agreements that suppress or expunge certain information about investigations;

5.

allowing eligible and nongovernmental school operators to request from the State Board of Education (SBE) information about, among other things, whether an applicant is under investigation for abuse;

neglect;

sexual misconduct;

or a situation involving the injury or risk of injury to, or impairing the morals of, a minor;

6.

specifying that any school board, state or local charter school governing council, or interdistrict magnet school operator is considered a former employer for purposes of information disclosure requirements (as long as they meet the existing criteria of having employed the applicant within the last 20 years);

and 7.

making related technical, conforming, and other minor changes.

EFFECTIVE DATE:

July 1, 2026 APPLICANT MISCONDUCT AND EMPLOYMENT HISTORY DISCLOSURE The law requires school boards, charter school governing councils, magnet school operators, and supervisory agents of nonpublic schools (“school-governing entities”) to review an applicant’s employment history before offering employment if the applicant would have direct student contact.

Through this process, the school-governing entities seeking to hire must, among other things, (1) review a written statement by the applicant, (2) contact the applicant’s former employers and gather information from them on SDE-developed forms, and (3) review informationfromSDEonthedepartment’sknowledgeoftheapplicant’s sHB5327 / File No.

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381 engagement in certain misconduct.

The bill generally expands the scope of what former employers and SDE must disclose to include allegations currently under investigation and allegations involving the injury or risk of injury to, or impairing the morals of, a minor (whether or not related to the applicant’s employment).

Applicant’s Written Statement and SDE-Developed Forms for Previous Employers Currently, as part of the applicant’s written statement and the forms filled out by the applicant’s current and prior employers, all must state if they know the applicant:

1.

had an allegation made against them of abuse, neglect, or sexual misconduct under investigation by any employer, state agency, or municipal police department (that was not found to be unsubstantiated, and an employer also must reveal any pending investigation);

2.

resigned, was asked to resign, otherwise separated from employment, or was disciplined for a substantiated allegation of these acts or while an allegation was pending or under investigation;

or 3.

surrendered a professional or occupational license or other credential or had it suspended or revoked for a substantiated allegation of these acts or while one was pending or under investigation.

The bill expands the scope of this inquiry by additionally asking the applicant and previous employers if the applicant:

1.

is currently under investigation for abuse, neglect, or sexual misconduct;

2.

was, or is currently, facing an allegation involving the injury or risk of injury to, or impairing the morals of, a minor;

and sHB5327 / File No.

381 15 sHB5327 File No.

381 3.

whether any of the actions described above (resignation, separation, discipline, or surrendering a credential) happened in relation to an allegation or investigation involving the injury or risk of injury to, or impairing the morals of, a minor.

The bill makes conforming changes to clarify that certain provisions apply to all employer, state agency, and local police investigations.

Providing Information to SDE Currently, school governing entities must notify SDE when an applicant or employee has been disciplined because of a finding of abuse,neglect,orsexualmisconduct.Thebill additionallyrequiresthem to notify SDE of applicants who are currently under investigation for this conduct and for investigations or discipline related to injury or risk of injury to, or impairing the morals of, a minor.

SDE-Provided Information By law, school-governing entities must request from SDE information on:

1.

an applicant’s employment eligibility status;

2.

whether SDE has knowledge of a substantiated finding of abuse, neglect, or sexual misconduct against the applicant;

and 3.

whether SDE has received notification of a criminal conviction or pending criminal charge against the applicant.

The bill expands the information that SDE must release to school- governing entities to also include if it knows of any (1) pending investigation of abuse, neglect, or sexual misconduct or (2) substantiated finding or pending investigation of an allegation involving the injury or risk of injury to, or impairing the morals of, a minor.

Applicants Who Are Contractors By law, a contractor’s employee who will have direct student contact must make the same disclosures as an applicant for employment with a sHB5327 / File No.

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381 school-governing entity.

The bill expands the requirements for informationdisclosureandsharing forthese employeesinthesameway as for job applicants described above.

Additionally, for any of its current employees who will have contact with children, a contractor must (1) contact any of that employee’s current or former employers that were school-governing entities or caused the employee to have contact with children and (2) request from them any information about whether there was a finding of abuse, neglect, or sexual misconduct against the employee.

The bill expands this to include any (1) pending or open investigation and (2) finding, pending, or open investigation involving injury or risk of injury to, or impairing the morals of, a minor.

By law and under the bill, the contractor must report all of this information to the school-governing entity.

Additionally, under existing law, a school-governing entity must give on request, to any other school-governing entity or to the SDE commissioner, information it has about a finding of abuse, neglect, or sexual misconduct on someone being considered for a job as a direct employee of another education employer or a contractor.

The bill similarly expands this provision to apply to investigations and any investigation or finding that includes an allegation of injury or risk of injury to, or impairing the morals of, a minor.

CONTRACT AND AGREEMENT RESTRICTIONS By law, a school-governing entity cannot enter into a collective bargaining agreement,employment contract,resignationortermination agreement, severance agreement, or any other contract or agreement, or take any action with certain effects.

Currently, these agreements and actions cannot suppress informationaboutaninvestigationofreportedsuspectedabuse,neglect, or sexual misconduct by a current or former employee.

The bill also appliesthisprovisionto informationonan investigationofinjury orrisk of injury to, or impairing the morals of, a minor.

sHB5327 / File No.

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381 Currently, these agreements and actions cannot require a school- governing entity to expunge information about an allegation or finding of abuse, neglect, or sexual misconduct from any documents it maintains unless, after an investigation, the allegation is dismissed or found false.

The bill (1) adds that these agreements and actions cannot require expungement of information on allegations or findings related to injury or risk of injury to, or impairing the morals of, a minor and (2) raises the standard for expungement by eliminating dismissed allegations, allowing expungement only when an allegation is found to be false.

By law, these agreements also cannot affect a school-governing entity’s ability to report suspected abuse, neglect, or sexual misconduct to the appropriate authorities.

PROHIBITION OF EMPLOYMENT By law, school-governing entities cannot offer employment to an applicant who had any previous employment terminated by, or who resigned from employment with, another school-governing entity if the applicant was convicted of violating the mandated reporter law or has a substantiated abuse, neglect, or sexual misconduct allegation.

To get this information, school-governing entities must document a “good- faith” effort to contact current and previous employers for employment that involved the applicant being in contact with children.

(Presumably, this covers only former employers disclosed by the prospective employee to the prospective school-governing entity employer.) The bill adds that under this law, potential employer entities also cannot offer employment if the applicant is being investigated or has a pending investigation (1) for abuse, neglect, or sexual misconduct or (2) involving the injury or risk of injury to, or impairing the morals of, a minor.

This prohibition appears to apply when there is any open investigation of the types described above at the time of potential hiring and not just to those related to employment or those required to be sHB5327 / File No.

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381 disclosed under the bill.

It is unclear whether a potential employer and employee would know of all of the relevant investigations that prohibit employment (for example, if an employee does not disclose them, an employer does not know of non-employment related investigations, or investigations were not previously reported to SDE).

In addition, becausethebilldoesnotclarifywhenaninvestigationends,itispossible that an investigation could remain open and prohibit the types of employment covered by the bill indefinitely.

SCHOOL OPERATORS REQUESTING APPLICANT MISCONDUCT INFORMATION FROM SBE By law, eligible and nongovernmental school operators (see BACKGROUND) may request from SBE information about (1) the applicant’s employment eligibility for a certified position;

(2) whether SDE knows of prior applicant discipline for a finding of abuse, neglect, or sexualmisconduct;

or (3)whetherSDEhasreceivednotice ofcriminal charges pending, or criminal convictions against, an applicant and information about the charges.

The bill adds that eligible and nongovernmental school operators can also request from SBE information about whether SDE:

1.

knows of prior applicant discipline for a substantiated finding involving the injury or risk of injury to, or impairing the morals of, a minor;

or 2.

has been notified by a former employer that the applicant is under investigation for abuse;

neglect;

sexual misconduct;

or a situation involving the injury or risk of injury to, or impairing the morals of, a minor, unless the investigation resulted in a finding that all allegations were false or unsubstantiated.

BACKGROUND Eligible School Operators By law, “eligible school operators” are schools or school districts authorized to receive national criminal history record information from the FBI under federal law.

These operators include the following sHB5327 / File No.

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381 entities:

1.

local or regional boards of education, 2.

the Technical Education and Career System (the technical high school system), and 3.

interdistrict magnet school operators that are not third-party nonprofit corporations approved by the SDE commissioner.

Nongovernmental School Operators By law, nongovernmental school operators are:

1.

third-party, nonprofit interdistrict magnet school operators that are approved by the SDE commissioner;

2.

state or local charter school governing councils;

3.

SBE-approved (a) endowed or incorporated academies and (b) special education facilities;

4.

private school supervisory agents;

or 5.

private providers of special education services.

COMMITTEE ACTION Education Committee Joint Favorable Substitute Yea 45 Nay 0 (03/16/2026) sHB5327 / File No.

381 20