Termination of Non-Tenured Teachers in Connecticut

by Joseph C. Maya on Mar. 23, 2018

Employment Employment Contracts Other  Education 

Summary: A blog post about teacher tenure and the regulations surrounding termination of teachers who are tenured or not tenured.

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

In Connecticut, it is the aspiration of many educators to receive tenure.  Once a teacher receives tenure, he or she receives significant job protections, such as seniority and the right to “bump,” non-tenured teachers out of their positions.  Inherent in tenure is the ability for a teacher to be free from arbitrary dismissal.  Under Connecticut’s tenure statutes, once a teacher has attained tenure, his or her contract renews automatically each year, and a tenured teacher may only be dismissed by a showing of cause, after following such procedural requirements as providing notice to the teacher, specifying charges, and providing the teacher with a hearing on those charges.

For an untenured teacher, under Connecticut General Statutes §10-151, there are much more lenient termination and due process requirements.  Untenured teachers must be: 1) employed under a written contract; 2) notified by April 1 of the school year if their contracts are not being renewed for the following year; 3) given written reasons for termination or non-renewal on request; 4) allowed a hearing before the Board of Education or an impartial hearing panel on the termination; and 5) if the termination is for moral conduct or disability, granted the right to appeal to Superior Court.

If a School Board is considering the termination of an untenured teacher, it must first notify the teacher in writing. Once the teacher receives notice, he or she must then file a written request asking the Board to state its reasons within seven (7) days, and the Board must notify the teacher in writing of its reasons within seven (7) days after it receives this request.  Within twenty (20) days after receiving the termination notice, the teacher must file a written request for a hearing if he or she wishes to contest the Board’s decision.  Once the Board receives such request, the hearing must begin within fifteen (15) days, unless all parties agree to extend the deadline for a maximum of fifteen (15) additional days.  Written findings and recommendations must be submitted to the full Board within seventy-five (75) days after the teacher’s hearing request, unless all parties agree to an extension of up to fifteen (15) days.  The teacher is guaranteed to be provided a copy of the findings and recommendations submitted to the Board.  Within fifteen (15) days after the Board receives the recommendations by the hearing officer, or within fifteen (15) days after the close of the hearing, if the hearing was before the full Board, the Board must provide the teacher its written decision.  If the teacher was terminated for qualifying reasons, he or she may appeal the Board’s decision to the Superior Court.  If the teacher has been charged with serious misconduct, the School Board has the right to suspend the teacher from duty immediately and without prejudice, even during the course of any hearing or appeal.

Although as a nontenured teacher, an individual will still have many of the same termination rights as tenured teachers, he or she can also be dismissed by simple non-renewal of his or her contract, as long as the teacher is given notice by April 1st of the school year.  After receiving a non-renewal notice, the teacher may file a written request for a statement of the reason for non-renewal, which the School Board must provide within seven (7) days of receiving the request. The teacher may also be “bumped,” by a tenured teacher whose position has been eliminated, but the latter must occur in accordance with a collective bargaining agreement or a written policy of the Board.  If a teacher is dismissed because of a position elimination, or because he or she was bumped, unfortunately, the teacher does not have a right to a hearing.

If you are an employer or teacher and are faced with the possibility of termination, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.


Source: C.G.S §10-151

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