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In the case of Sekor v. Board of Education, a board of education sought review of a decision from the Superior Court reversing their decision to terminate a teacher's contract of employment and directing her reinstatement.
The tenured teacher filed an administrative appeal pursuant to Connecticut policy to challenge the validity of an action of board of education in terminating her contract of employment. The board decided to terminate the teacher’s employment on the ground of incompetence and inefficiency. The court reversed trial court's decision and remanded the case. The court found that board properly terminated teacher’s contract of employment and found that board was not obligated to assign the tenured teacher only to those classes in which she was competent to teach, but could assign her to classes within areas of her endorsed subject areas. As such, the board’s essential inquiry, in deciding to terminate the teacher for incompetence, was whether the tenured teacher’s overall performance fell below a requisite standard. The court held the teacher’s constitutional rights did not include an entitlement to a particular teaching assignment of her own choosing and reasoned any other construction of the statute would undermine the board of education’s authority to assure proper instruction of the students.
The court reversed the judgment of the trial court and remanded the case with directions to render judgment dismissing the tenured teacher's appeal. The court concluded that the board of education properly decided to terminate the teacher for incompetence and held that the board met the essential inquiry of determining whether the teacher’s overall performance fell below the requisite standard.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Sekor v. Board of Educ., 240 Conn. 119, 689 A.2d 1112, 1997 Conn. LEXIS 48 (Conn. 1997)