Connecticut 2025 Regular Session

Connecticut Senate Bill SB01371 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 5
	3	+	LCO No. 5147 1 of 4
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 1371
	5	+	General Assembly Raised Bill No. 1371
6	6		January Session, 2025
	7	+	LCO No. 5147
7	8
	9	+
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(LAB)
8	15
9	16
10	17
11	18
12	19		AN ACT ESTABLISHING A JUST CAUSE STANDARD FOR TEACHER
13		-	CONTRACT TERMINATIONS AND ~~REQUIRING CONTRACT~~
14		-	~~TERMINATION HEARINGS FOR TEACHERS THAT HAVE ATTAINED~~
15		-	~~TENURE BE BEFORE A NEUTRAL HEARING OFFICER~~.
	20	+	CONTRACT TERMINATIONS AND MAKING THE DECISION OF A
	21	+	NEUTRAL HEARING OFFICER IN TEACHER CONTRACT
	22	+	TERMINATION HEARINGS BINDING ON THE PARTIES.
16	23		Be it enacted by the Senate and House of Representatives in General
17	24		Assembly convened:
18	25
19		-	Section 1. Subsections (c) to (e) of section 10-151 of the general statutes 1
20		-	are repealed and the following is substituted in lieu thereof (Effective July 2
21		-	1, 2025): 3
22		-	(c) The contract of employment of a teacher who has not attained 4
23		-	tenure may be terminated at any time with a showing of just cause for 5
24		-	any of the reasons enumerated in subdivisions (1) to (6), inclusive, of 6
25		-	subsection (d) of this section; otherwise the contract of such teacher shall 7
26		-	be continued into the next school year unless such teacher receives 8
27		-	written notice by May first in one school year that such contract will not 9
28		-	be renewed for the following year. Upon the teacher's written request, 10
29		-	not later than three calendar days after such teacher receives such notice 11
30		-	of nonrenewal or termination, a notice of nonrenewal or termination 12
31		-	shall be supplemented not later than four calendar days after receipt of 13
32		-	the request by a statement of the reason or reasons for such nonrenewal 14
33		-	or termination. Such teacher, upon written request filed with the board 15
34		-	of education not later than ten calendar days after the receipt of notice 16
35		-	of termination, or nonrenewal shall be entitled to a hearing, except as 17 Substitute Bill No. 1371
	26	+	Section 1. Subsection (d) of section 10-151 of the general statutes is 1
	27	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	28	+	2025): 3
	29	+	(d) The contract of employment of a teacher who has attained tenure 4
	30	+	shall be continued from school year to school year, except that it may be 5
	31	+	terminated at any time for one or more of the following reasons: (1) 6
	32	+	Inefficiency, incompetence or ineffectiveness, provided, if a teacher is 7
	33	+	notified on or after July 1, 2014, that termination is under consideration 8
	34	+	due to incompetence or ineffectiveness, the determination of 9
	35	+	incompetence or ineffectiveness is based on evaluation of the teacher 10
	36	+	using teacher evaluation guidelines established pursuant to section 10-11
	37	+	151b; (2) insubordination against reasonable rules of the board of 12
	38	+	education; (3) moral misconduct; (4) disability, as shown by competent 13
	39	+	medical evidence; (5) elimination of the position to which the teacher 14
	40	+	Raised Bill No. 1371
36	41
37	42
38		-	LCO 2 of 5
39	43
40		-	provided in this subsection, (1) before the board, or (2) if indicated in 18
41		-	such request and if designated by the board, before an impartial hearing 19
42		-	officer chosen by the teacher and the superintendent in accordance with 20
43		-	the provisions of subsection (d) of this section. Such hearing shall 21
44		-	commence not later than fifteen calendar days after receipt of such 22
45		-	request unless the parties mutually agree to an extension not to exceed 23
46		-	fifteen calendar days. The impartial hearing officer or a subcommittee 24
47		-	of the board of education, if the board of education designates a 25
48		-	subcommittee of three or more board members to conduct hearings, 26
49		-	shall submit written findings and recommendations to the board for 27
50		-	final disposition. The teacher shall have the right to appear with counsel 28
51		-	of the teacher's choice at the hearing. A teacher who has not attained 29
52		-	tenure shall not be entitled to a hearing concerning nonrenewal if the 30
53		-	reason for such nonrenewal is either elimination of position or loss of 31
54		-	position to another teacher. [The board of education shall rescind a 32
55		-	nonrenewal decision only if the board finds such decision to be arbitrary 33
56		-	and capricious.] Any such teacher whose contract is terminated for the 34
57		-	reasons enumerated in subdivisions (3) and (4) of subsection (d) of this 35
58		-	section shall have the right to appeal in accordance with the provisions 36
59		-	of subsection (e) of this section. 37
60		-	(d) The contract of employment of a teacher who has attained tenure 38
61		-	shall be continued from school year to school year, except that it may be 39
62		-	terminated at any time, with a showing of just cause, for one or more of 40
63		-	the following reasons: (1) Inefficiency, incompetence or ineffectiveness, 41
64		-	provided [, if a teacher is notified on or after July 1, 2014, that 42
65		-	termination is under consideration due to incompetence or 43
66		-	ineffectiveness,] the determination of incompetence or ineffectiveness is 44
67		-	based on evaluation of the teacher using teacher evaluation guidelines 45
68		-	established pursuant to section 10-151b; (2) insubordination against 46
69		-	reasonable rules of the board of education; (3) moral misconduct; (4) 47
70		-	disability, as shown by competent medical evidence; (5) elimination of 48
71		-	the position to which the teacher was appointed or loss of a position to 49
72		-	another teacher, if no other position exists to which such teacher may be 50
73		-	appointed if qualified, provided such teacher, if qualified, shall be 51 Substitute Bill No. 1371
	44	+	LCO No. 5147 2 of 4
	45	+
	46	+	was appointed or loss of a position to another teacher, if no other 15
	47	+	position exists to which such teacher may be appointed if qualified, 16
	48	+	provided such teacher, if qualified, shall be appointed to a position held 17
	49	+	by a teacher who has not attained tenure, and provided further that 18
	50	+	determination of the individual contract or contracts of employment to 19
	51	+	be terminated shall be made in accordance with either (A) a provision 20
	52	+	for a layoff procedure agreed upon by the board of education and the 21
	53	+	exclusive employees' representative organization, or (B) in the absence 22
	54	+	of such agreement, a written policy of the board of education; or (6) 23
	55	+	other [due and sufficient] just cause. Nothing in this section or in any 24
	56	+	other section of the general statutes or of any special act shall preclude 25
	57	+	a board of education from making an agreement with an exclusive 26
	58	+	bargaining representative which contains a recall provision. Prior to 27
	59	+	terminating a contract, the superintendent shall give the teacher 28
	60	+	concerned a written notice that termination of such teacher's contract is 29
	61	+	under consideration and give such teacher a statement of the reasons for 30
	62	+	such consideration of termination. Not later than ten calendar days after 31
	63	+	receipt of written notice by the superintendent that contract termination 32
	64	+	is under consideration, such teacher may file with the local or regional 33
	65	+	board of education a written request for a hearing. A board of education 34
	66	+	may designate a subcommittee of three or more board members to 35
	67	+	conduct hearings and submit written findings and recommendations to 36
	68	+	the board for final disposition in the case of teachers whose contracts are 37
	69	+	terminated. Such hearing shall commence not later than fifteen calendar 38
	70	+	days after receipt of such request, unless the parties mutually agree to 39
	71	+	an extension, not to exceed fifteen calendar days (A) before the board of 40
	72	+	education or a subcommittee of the board, or (B) if indicated in such 41
	73	+	request or if designated by the board before an impartial hearing officer 42
	74	+	chosen by the teacher and the superintendent. If the parties are unable 43
	75	+	to agree upon the choice of a hearing officer not later than five calendar 44
	76	+	days after the decision to use a hearing officer, the hearing officer shall 45
	77	+	be selected with the assistance of the American Arbitration Association 46
	78	+	using its expedited selection process and in accordance with its rules for 47
	79	+	selection of a neutral arbitrator in grievance arbitration. If the hearing 48
	80	+	Raised Bill No. 1371
74	81
75	82
76		-	LCO 3 of 5
77	83
78		-	appointed to a position held by a teacher who has not attained tenure, 52
79		-	and provided further that determination of the individual contract or 53
80		-	contracts of employment to be terminated shall be made in accordance 54
81		-	with either (A) a provision for a layoff procedure agreed upon by the 55
82		-	board of education and the exclusive employees' representative 56
83		-	organization, or (B) in the absence of such agreement, a written policy 57
84		-	of the board of education; or (6) other due and sufficient [cause] reasons. 58
85		-	Nothing in this section or in any other section of the general statutes or 59
86		-	of any special act shall preclude a board of education from making an 60
87		-	agreement with an exclusive bargaining representative which contains 61
88		-	a recall provision. Prior to terminating a contract, the superintendent 62
89		-	shall give the teacher concerned a written notice that termination of such 63
90		-	teacher's contract is under consideration and give such teacher a 64
91		-	statement of the reasons for such consideration of termination. Not later 65
92		-	than ten calendar days after receipt of written notice by the 66
93		-	superintendent that contract termination is under consideration, such 67
94		-	teacher may file with the local or regional board of education a written 68
95		-	request for a hearing. [A board of education may designate a 69
96		-	subcommittee of three or more board members to conduct hearings and 70
97		-	submit written findings and recommendations to the board for final 71
98		-	disposition in the case of teachers whose contracts are terminated.] Such 72
99		-	hearing shall commence not later than fifteen calendar days after receipt 73
100		-	of such request, unless the parties mutually agree to an extension [,] not 74
101		-	to exceed fifteen calendar days, [(A) before the board of education or a 75
102		-	subcommittee of the board, or (B) if indicated in such request or if 76
103		-	designated by the board] before an impartial hearing officer chosen by 77
104		-	the teacher and the superintendent. If the parties are unable to agree 78
105		-	upon the choice of a hearing officer not later than five calendar days 79
106		-	after the decision to use a hearing officer, the hearing officer shall be 80
107		-	selected with the assistance of the American Arbitration Association 81
108		-	using its expedited selection process and in accordance with its rules for 82
109		-	selection of a neutral arbitrator in grievance arbitration. [If the hearing 83
110		-	officer is not selected with the assistance of such association after five 84
111		-	days, the hearing shall be held before the board of education or a 85
112		-	subcommittee of the board.] When the reason for termination is 86 Substitute Bill No. 1371
	84	+	LCO No. 5147 3 of 4
	85	+
	86	+	officer is not selected with the assistance of such association after five 49
	87	+	days, the hearing shall be held before the board of education or a 50
	88	+	subcommittee of the board. When the reason for termination is 51
	89	+	incompetence or ineffectiveness, the hearing shall (i) address the 52
	90	+	question of whether the performance evaluation ratings of the teacher 53
	91	+	were determined in good faith in accordance with the program adopted 54
	92	+	by the local or regional board of education pursuant to section 10-151b 55
	93	+	and were reasonable in light of the evidence presented, and (ii) be 56
	94	+	limited to twelve total hours of evidence and testimony, with each side 57
	95	+	allowed not more than six hours to present evidence and testimony 58
	96	+	except the board, subcommittee of the board or impartial hearing officer 59
	97	+	may extend the time period for evidence and testimony at the hearing 60
	98	+	when good cause is shown. Not later than forty-five calendar days after 61
	99	+	receipt of the request for a hearing, the subcommittee of the board or 62
	100	+	hearing officer, unless the parties mutually agree to an extension not to 63
	101	+	exceed fifteen calendar days, shall [submit written findings and a 64
	102	+	recommendation to the board of education as to the disposition of the 65
	103	+	charges against the teacher and shall send a copy of such findings and 66
	104	+	recommendation to the teacher. The board of education shall give the 67
	105	+	teacher concerned its written decision not later than fifteen calendar 68
	106	+	days after receipt of the written recommendation of the subcommittee 69
	107	+	or hearing officer] render to the board of education and the teacher a 70
	108	+	written decision that shall be binding on the parties. Each party shall 71
	109	+	share equally the fee of the hearing officer and all other costs incidental 72
	110	+	to the hearing. If the hearing is before the board of education, the board 73
	111	+	shall render its decision not later than fifteen calendar days after the 74
	112	+	close of such hearing and shall send a copy of its decision to the teacher. 75
	113	+	The hearing shall be public if the teacher so requests or the board, 76
	114	+	subcommittee or hearing officer so designates. The teacher concerned 77
	115	+	shall have the right to appear with counsel at the hearing, whether 78
	116	+	public or private. A copy of a transcript of the proceedings of the hearing 79
	117	+	shall be furnished by the board of education, upon written request by 80
	118	+	the teacher within fifteen days after the board's decision, provided the 81
	119	+	teacher shall assume the cost of any such copy. Nothing [herein] 82
	120	+	Raised Bill No. 1371
113	121
114	122
115		-	LCO 4 of 5
116	123
117		-	incompetence or ineffectiveness, the hearing shall [(i)] (A) address the 87
118		-	question of whether the performance evaluation ratings of the teacher 88
119		-	were determined in good faith in accordance with the program adopted 89
120		-	by the local or regional board of education pursuant to section 10-151b 90
121		-	and were reasonable in light of the evidence presented, and [(ii)] (B) be 91
122		-	limited to twelve total hours of evidence and testimony, with each side 92
123		-	allowed not more than six hours to present evidence and testimony 93
124		-	except the [board, subcommittee of the board or] impartial hearing 94
125		-	officer may extend the time period for evidence and testimony at the 95
126		-	hearing when good cause is shown. Not later than forty-five calendar 96
127		-	days after receipt of the request for a hearing, the [subcommittee of the 97
128		-	board or] hearing officer, unless the parties mutually agree to an 98
129		-	extension not to exceed fifteen calendar days, shall [submit written 99
130		-	findings and a recommendation to the board of education as to the 100
131		-	disposition of the charges against the teacher and shall send a copy of 101
132		-	such findings and recommendation to the teacher. The board of 102
133		-	education shall give the teacher concerned its written decision not later 103
134		-	than fifteen calendar days after receipt of the written recommendation 104
135		-	of the subcommittee or hearing officer] render to the board of education 105
136		-	and the teacher a written decision that shall be binding on the parties. 106
137		-	Each party shall share equally the fee of the hearing officer and all other 107
138		-	costs incidental to the hearing. [If the hearing is before the board of 108
139		-	education, the board shall render its decision not later than fifteen 109
140		-	calendar days after the close of such hearing and shall send a copy of its 110
141		-	decision to the teacher.] The hearing shall be public if the teacher so 111
142		-	requests. [or the board, subcommittee or hearing officer so designates.] 112
143		-	The teacher concerned shall have the right to appear with counsel at the 113
144		-	hearing, whether public or private. A copy of a transcript of the 114
145		-	proceedings of the hearing [shall be furnished by the board of education, 115
146		-	upon written request by the teacher within fifteen days after the board's 116
147		-	decision, provided the teacher shall assume the cost of any such copy] 117
148		-	may be requested by either the board of education or the teacher not 118
149		-	later than fifteen days after the hearing officer's decision, provided the 119
150		-	requesting party shall bear the cost of any such copy. Nothing [herein] 120
151		-	contained in this section shall deprive a board of education or 121 Substitute Bill No. 1371
	124	+	LCO No. 5147 4 of 4
152	125
153		-
154		-	LCO 5 of 5
155		-
156		-	superintendent of the power to suspend a teacher from duty 122
157		-	immediately when serious misconduct is charged without prejudice to 123
158		-	the rights of the teacher as otherwise provided in this section. 124
159		-	(e) Any teacher aggrieved by the decision of a board of education or 125
160		-	the hearing officer after a hearing as provided in subsection (d) of this 126
161		-	section may appeal therefrom, not later than thirty calendar days after 127
162		-	such decision, to the Superior Court. Such appeal shall be made 128
163		-	returnable to said court in the same manner as is prescribed for civil 129
164		-	actions brought to said court. Any such appeal shall be a privileged case 130
165		-	to be heard by the court as soon after the return day as is practicable. 131
166		-	The board of education or hearing officer shall file with the court a copy 132
167		-	of the complete transcript of the proceedings of the hearing and, for a 133
168		-	teacher who has not attained tenure, the board of education shall file the 134
169		-	minutes of board of education meetings relating to such termination, 135
170		-	including the vote of the board on the termination, together with such 136
171		-	other documents, or certified copies thereof, as shall constitute the 137
172		-	record of the case. The court, upon such appeal, shall review the 138
173		-	proceedings of such hearing. The court, upon such appeal and hearing 139
174		-	thereon, may affirm or reverse the decision appealed from in accordance 140
175		-	with subsection (j) of section 4-183. Costs shall not be allowed against 141
176		-	the board of education unless it appears to the court that it acted with 142
177		-	gross negligence or in bad faith or with malice in making the decision 143
178		-	appealed from. 144
	126	+	contained in this section shall deprive a board of education or 83
	127	+	superintendent of the power to suspend a teacher from duty 84
	128	+	immediately when serious misconduct is charged without prejudice to 85
	129	+	the rights of the teacher as otherwise provided in this section. 86
179	130		This act shall take effect as follows and shall amend the following
180	131		sections:
181	132
182		-	Section 1 July 1, 2025 10-151(c) ~~to (e)~~
	133	+	Section 1 July 1, 2025 10-151(d)
183	134
184		-	LAB Joint Favorable Subst.
	135	+	Statement of Purpose:
	136	+	To (1) add a just cause standard for certain teacher contract
	137	+	terminations, and (2) make the decision of a neutral hearing officer in
	138	+	teacher contract termination hearings binding on the parties.
	139	+
	140	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	141	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	142	+	underlined.]
185	143