Chapter 14—Certification, Contracts, and Tenure History of inefficiency 1839—Normal School Not state organized How has this progressed over time?

Background All state legislatures control certification policies and the teacher education curriculum Certification does not equal employment Employment conditions governed by state statutes and regulations (including certification) Conditions for employment can vary (but can never be arbitrary or capricious) More requirements at the district level are permissible (outside employment, etc.)

Contracts The school district is a legal entity Tenure law first passed in 1941 (amended in 1955 to its present state) Provides procedural and substantive rights Must HAVE and MAINTAIN certification to be a teacher Contract continues until non-renewal or dismissal All tenure laws are controlled by statute

Contracts Teacher can be asked to have/maintain good moral character Cannot be dismissed without evidence Reasonable likelihood that actions will adversely affect the school community

Contracts The Tenure Contract Statutory right to hold office or employment Bestows a property right Can only be removed with appropriate due process Burden of proof is on the school Grounds for termination include incompetency or insubordination (most common) Immorality; neglect of duty; or other just cause

The non-tenured teacher... First 90 days are “pre-teacher” Non-tenure for four years (40 months of consecutive service) Reasons for non-renewal can be requested Subject to FOIA

The tenured teacher... Tenure begins after 40 months of consecutive service Based on length of service Insubordination and incompetency are most common

The tenured teacher... Insubordination not supportable if: The conduct was not proved The existence of an order was not proved The rule was not violated The teacher tried—unsuccessfully—to carry out the order The reason for non-compliance was admirable No harm resulted The order was unreasonable The order was beyond the authority of its maker It could result in bias or discrimination Violated 1 st Amendment rights

The tenured teacher... Undesirable reassignment can violate tenure rights Judicial deference Immorality Cause or just cause (cannot be dismissed for causes beyond those specified)

The tenured teacher in CT... Tenure dismissal Statement of reasons Hearing (teacher can be present with counsel) Burden of proof on school Decision Appeal

A few other thing... Reduction in force Standardized tests Scope of duty