State Codes and Statutes

Statutes > Connecticut > Title10 > Chap166 > Sec10-145

      Sec. 10-145. Certificate necessary to employment. Forfeiture for noncompliance. Substitute teachers. (a) No teacher, supervisor, administrator, special service staff member or school superintendent, except as provided for in section 10-157, shall be employed in any of the schools of any local or regional board of education unless such person possesses an appropriate state certificate, nor shall any such person be entitled to any salary unless such person can produce such certificate dated previous to or the first day of employment, except as provided for in section 10-157; provided nothing herein contained shall be construed to prevent the board of education from prescribing qualifications additional to those prescribed by the regulations of the State Board of Education and provided nothing herein contained shall be construed to prevent any local or regional board of education from contracting with a licensed drivers' school approved by the Commissioner of Motor Vehicles for the behind-the-wheel instruction of a driver instruction course, to be given by driving instructors licensed by the Department of Motor Vehicles. No person shall be employed in any of the schools of any local or regional board of education as a substitute teacher unless such person holds a bachelor's degree, provided the Commissioner of Education may waive such requirement for good cause upon the request of a superintendent of schools.

      (b) If the State Board of Education determines that a local or regional board of education is not in compliance with any provision of sections 10-144o to 10-149, inclusive, and section 10-220a, the State Board of Education may require the local or regional board of education to forfeit of the total sum which is paid to such board of education from the State Treasury an amount to be determined by the State Board of Education, which amount shall be not less than one thousand dollars nor more than ten thousand dollars. The amount so forfeited shall be withheld from a grant payment, as determined by the commissioner, during the fiscal year following the fiscal year in which noncompliance is determined pursuant to this subsection. Notwithstanding the penalty provision of this section, the State Board of Education may waive such forfeiture if the board determines that the failure of the local or regional board of education to comply with such a provision was due to circumstances beyond its control.

      (1949 Rev., S. 1432; 1961, P.A. 517, S. 116; 1971, P.A. 456, S. 5; P.A. 78-218, S. 93; May Sp. Sess. P.A. 86-1, S. 21, 58; P.A. 87-499, S. 5, 34; P.A. 89-137, S. 1, 14; P.A. 93-353, S. 49, 52; P.A. 07-241, S. 5.)

      History: 1961 act added regional district; 1971 act added proviso for contracts with licensed drivers' schools; P.A. 78-218 deleted reference to "supervising agents", substituted "local or regional board of education" for "town or regional district" and made technical changes; May Sp. Sess. P.A. 86-1 required administrators to have state certificates, substituted "employment" for "the opening of school" re dating of certificates and deleted provision that certificates in force July 1, 1935, are valid and renewable; P.A. 87-499 deleted principal and added special service staff member to list of persons to whom the section applies and added that the certificate may be dated the first day of employment; P.A. 89-137 added Subsec. (a) designation and new Subsec. (b) re forfeiture of funds by local and regional boards of education for noncompliance with certain statutes; P.A. 93-353 amended Subsec. (a) to add the requirement that a substitute teacher hold a bachelor's degree unless such requirement is waived, effective July 1, 1993; (Revisor's note: In 1997 references throughout the general statutes to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s) Department" were replaced editorially by the Revisors with "Commissioner of Motor Vehicles" or "Department of Motor Vehicles", as the case may be, for consistency with customary statutory usage); P.A. 07-241 amended Subsec. (a) to add language re exception provided for in Sec. 10-157, effective July 1, 2007.

      See Sec. 4d-86 re state-wide standard for teacher and administrator competency in use of technology for instructional purposes.

      Cited. 96 C. 720. See note to section 10-22. Certificate to teach or as superintendent is not "appropriate" certificate for principal or vice principal; certificate issued under old law continues valid even for new employee so far as it is appropriate for position; "new" teacher includes one formerly employed who has definitely severed connection with the schools. 123 C. 515. Cited. 138 C. 280. Cited. 152 C. 151. Teacher employed without an appropriate state certificate is illegally employed and cannot obtain tenure during this period. 167 C. 444. Cited. 177 C. 68. Cited. 200 C. 21. Cited. 210 C. 286. Cited. 221 C. 549. Cited. 240 C. 119.

      Cited. 5 CA 253. Cited. 32 CA 6.

      Prevention of the issuance of a certificate by malicious or false representations is a legal wrong. 14 CS 28.