Reasons for Dismissal of a Tenured Teacher

The tenured teacher dismissal process can only commenced against a tenured teacher for:

  • Inefficiency or incompetence based on evaluations that comply with State Board of Education guidelines for evaluations;
  • Insubordination against reasonable board of education rules;
  • Moral misconduct;
  • Disability proven by medical evidence;
  • Elimination of the position to which he was appointed or loss of a position another teacher, as long as there is no other position for which the teacher is qualified and subject to the applicable provisions of a collective bargaining agreement or school board policy; or
  • Other due and sufficient cause.

Before they become tenured, teachers can also be notified in writing by April 1 of each school year that their contracts will not be renewed for the coming year. The board does not have to specify any reason for non-renewal unless the teacher files a written request for the reason. If the teacher makes such a request, the board must supply a reason within seven days.

School boards must follow a specific statutory process when dismissing both tenured and nontenured teachers. The process requires notice, a hearing, and a right to appeal.

The Hearing and Hearing Panel

The board may hear the case itself or may designate a subcommittee of three or more board members to hear the case. The board may convene an impartial hearing panel, if the teacher requests it or the board designates one. The parties may also agree to a hearing before an impartial hearing officer chosen by both parties. If the parties cannot agree on a hearing officer within five days after they decide to use one, the hearing must be held before either the board or a hearing panel. The hearing panel consists of three members, one chosen by the teacher, one by the board, and a chairman chosen by these two members.

If the two members cannot agree, the third member must be selected with the help of the American Arbitration Association (AAA), using its expedited process and rules for selecting neutral grievance arbitrators. If these procedures do not work after five days, the board of education or a subcommittee must hear the case. Each party pays its own panel member and splits the cost of the third and all other hearing costs.

Despite the foregoing requirements, the law gives a school board the right to suspend a teacher from duty immediately and without prejudice when serious misconduct is charged. [1]

[1] “Teacher Tenure Law,” by the Connecticut General Assembly. April 22, 2002: http://www.cga.ct.gov/2002/olrdata/ed/rpt/2002-r-0469.htm

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

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