On August 13, 2002 the Connecticut Supreme Court answered the question: Who is covered by the Teacher Tenure Act Conn. Gen. Stat. § 10-151? The answer is everyone except the superintendent.

How did the question arise?

On May 14, 1999 the Hartford Public School System terminated an assistant superintendent. She then filed suit in the federal district court claiming, among other things, that she was entitled to a hearing because she met the definition of "teacher" under the Teacher Tenure Act. The federal district court then asked the Connecticut Supreme Court to decide whether her claim had merit.

What Is The Teacher Tenure Act?

The Teacher Tenure Act 51 provides that a tenured "teacher" can be dismissed only for one or more of the following reasons: (1) inefficiency or incompetence; (2) insubordination; (3) moral misconduct; (4) medical disability; (5) elimination of the job and the teacher isn't qualified to fill another position, or (6) another sufficient cause.

A teacher obtains "tenure" if she's completed 30 school months of full-time continuous employment if hired prior to July 1, 1996. If a teacher was hired after that date he, or she, must complete 40 school months of continuous full time employment.

If the school system's superintendent intends to fire a tenured teacher the superintendent must give the teacher the reasons in writing. The teacher then has the opportunity to request a hearing before the board of education, a hearing panel or single hearing officer. The hearing must be public if the teacher requests it to be open, and written findings are issued after the hearing has concluded.

Why the protection?

Most workers are at-will employees (i.e., they can be fired for any reason or no reason at all) unless they're covered by a collective bargaining agreement or some other written policy. Nevertheless, the Connecticut Legislature has decided that it's good public policy-to provide quality public schools-for good teachers who have proven themselves to be secure in their jobs and should only be removed for matters which are deemed to effect the quality of their job performance such as the six reasons listed above.

A termination hearing protects both the teacher, who has a particular interest in protecting her job and the school system, which has been given the legislative mandate to provide good quality schools to the children of the school district.

Who is a teacher under the Act?

The Act defines "teacher" as "each certified professional employee below the rank of superintendent employed by a board of education for at least (90) days in a position requiring a certificate issued by the State Board of Education."

In the Hartford that triggered the examination of the term "teacher," the assistant superintendent claimed that the definition of "teacher" included all administrative positions, including assistant superintendents, since all fell below the rank of superintendent. The school system claimed that the position of assistant superintendent was a high-level management position equal to that of the superintendent.

The Supreme Court ruled that the Act covered teachers, administrators (such as principals), and everyone short of the rank of school superintendent. Most important, the court recognized by state law, superintendents are entitled to a written contract setting forth the terms and conditions of their employment. Although other administrators may have employment contracts, only the superintendent is entitled to one. Therefore, it made sense that all other school administrators would be covered under the Act and be entitled to a hearing prior to termination.

When does a 'teacher' get a hearing?

Teachers are entitled to a hearing when they're faced with "termination." Therefore, if an administrator is reassigned to a teaching position or a teacher is transferred to another grade or school within the school system, no hearing would be necessary.

Bottom line

The Supreme Court has provided all those involved with public education a thorough analysis of who is entitled to a termination hearing under the Teacher Tenure Act and when the legal protections are triggered. This decision will be of great assistance to educators throughout the state.

Reprinted with permission of publisher. First appeared in Connecticut Employment Law Letter (December 2000). For subscription information, call (800) 274-6774.