Teacher Non-Renewal – By The Numbers

by Pullman & Comley - School Law
Contact

One of the less-pleasant rites of spring for Connecticut’s public school districts is determining whether to non-renew the employment of their non-tenured teachers.  Section 10-151 of the Connecticut General Statutes, which governs the employment of the state’s public school teachers, requires districts to provide non-tenured teachers with written notice of their non-renewal no later than May 1.

If a school district fails to provide timely notice of non-renewal, the non-tenured teacher’s employment automatically continues.  More significantly, the failure to provide written notice of non-renewal by May 1 may result in the teacher automatically attaining tenure.  It is, therefore, critical for school districts to be aware of the timelines contained in Section 10-151.

  • “90 days” – until they have been employed for at least 90 days (the law has been amended as of July 1, 2014 to clarify that “days” means “calendar days,” but the same would probably also be held to apply prior to July 1), individuals are not considered “teachers” for purposes of Connecticut’s tenure law (remember, a “teacher” is any certified professional employee below the rank of superintendent).  Thus, school districts can simply discharge them without having to invoke the tenure law’s non-renewal or termination procedures;“
  • 40 school months” – tenure is automatically achieved after completion of 40 school months of continuous employment for teachers hired on or after July 1, 1996;
  • “30 school months” – tenure is automatically achieved after completion of 30 school months of continuous employment for teachers hired prior to July 1, 1996 (this part of the tenure law ends this year);
  • “20 school months” – a teacher who attained tenure with any Connecticut board of education but whose employment subsequently ended for any reason, and who, within five calendar years, is subsequently reemployed by the same board or employed by another board of education, will automatically obtain tenure after completion of 20 school months of continuous employment. To be effective, written notice of non-renewal must be given prior to completion of the 20th school month following commencement of employment;
  • “10 months” – an often overlooked route to obtaining tenure is the 10-month track.  A teacher employed by a priority school district, may obtain tenure after only 10 months of employment if such teacher previously attained tenure with another local or regional board of education in Connecticut, or in another state.  Interestingly, this part of the statute does not use the terms “school months” or “continuous employment.”  Furthermore, this is the only part of Section 10-151 that credits the attainment of tenure with an out-of-state school board toward entitlement to tenure in Connecticut;
  • “5 calendar years” – tenure automatically resumes if a tenured teacher who was laid off is reemployed by the same board of education within 5 calendar years;
  • “50% or more” – a “full time” teacher means employed at a salary rate of 50% or more of full time salary; “part time” is less than 50%;
  • “2 months” – 2 months part time equals 1 month full time, except that if a part time position is less than 25%, “3 months” equals 1 month full time;
  • “90 student school days” – if a teacher’s authorized leave time exceeds 90 student school days, in any one school year, it does not count towards tenure calculation – only the days worked that year by that teacher count;
  • “18 student school days or the greater fraction thereof” equals 1 school month, but note that the statute also defines “school month” as any calendar month other than July or August in which a teacher is employed as a teacher at least one-half of the student school days; since there may be fewer than 18 student school days in some school months, err on the side of caution if your calculation becomes this precise.

ADDITIONAL POINTS TO KEEP IN MIND:

Non-renewal does not require proof of incompetence, or any of the other “for cause” reasons enumerated in Section 10-151; those only apply to terminations.  Any lawful reason that is not arbitrary and capricious will suffice.

A non-renewed teacher does not have a right to a hearing if the reason is either elimination of position or loss of position to another teacher.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pullman & Comley - School Law | Attorney Advertising

Written by:

Pullman & Comley - School Law
Contact
more
less

Pullman & Comley - School Law on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.