Teacher Employment, Evaluation and Dismissal

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Originally appeared in the CAS Weekly Newsletter.
Written by attorney Thomas B. Mooney.

Dear Legal Mailbag:

As the principal of a middle school, sometimes I feel more like a referee than an educator. Recently, I have received a number of complaints from teachers about one seventh grade biology teacher “hogging” the copier. It seems that she is constantly copying worksheets and other materials. Other teachers are having problems every morning making their own copies because this teacher gets to the copier early and stands there making hundreds of copies every morning.

Being a good principal, I met with her to discuss her copying practices. She was rather dismissive, asking me if I had ever taught biology. She claims that the textbook is woefully inadequate and that she must supplement the textbook extensively to teach her students appropriately. I asked her to show me what she meant, and she shared a number of articles and worksheets that she has gathered from other sources for just that one day of instruction. She claims that it is necessary for her to copy 30 to 40 pages of materials each day for her 100+ students. To make matters worse, she warned me ominously that, since she has been making this large number of copies every day since the beginning of the year, she is now protected by “past practice,” and I cannot impose restrictions now.

Am I stuck?

Thank you,

Copying ConundrumContinue Reading CAS Legal Mailbag Question of the Week – 1/23/2018

Recent headlines make clear that sexual harassment is a serious problem in our society. It has also been a focus of attention on school campuses. Since the adoption of Title IX, colleges and universities, as well as other educational institutions, have taken steps to address complaints by students that they have been harassed or sexually assaulted; however, there is increasing push back regarding the procedures by which academic institutions adjudicate allegations of sexual misconduct, as well as on the training for those employees responsible for responding to allegations of inappropriate student conduct.
Continue Reading Title IX Procedures and The Need for Fairness to All Parties

Portrait of confident professor with university students in classroomEarlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson.  According to the Kansas City Star, Robertson had received 100 percent support from the district school board, but some of the students at the Pittsburg high school were not equally convinced.  The student journalists decided to look into the legitimacy of Robertson’s qualifications.  As the students investigated Robertson’s educational credentials, what they discovered was quite suspicious and raised red flags about the new principal’s background.

First, the students learned that her university degree came from Corllins University, which operated as a diploma factory of sorts where enrollees could buy the degree of their choice.  Later, the Kansas City Star reached out to the U.S. Department of Education and learned that the federal agency had no evidence of Corllins’ operation or closure.  Subsequently, the student journalists learned that Robertson had served as Principal at the American Scientific School in Dubai, a school receiving multiple ratings of “unsatisfactory” by Dubai’s education authority, which ultimately closed down in 2013.   Armed with revealing information about Robertson’s education and career, the student journalists wrote a news story in their school paper. Days after the release of that story, Robertson resigned.

What lesson can schools take from these Pittsburg students? When considering applicants, especially for positions that require extensive scholarship and experience, schools must do more than check off credentials.  An extra search into an applicant’s background can save a school from an embarrassing situation such as that faced in Pittsburg, Kansas. 
Continue Reading High School Sleuths Expose Questionable Credentials of New Principal

The art of teaching is the art of discoveryAt its meeting on April 5, 2017, the State Board of Education voted to adopt the March 29, 2017 recommendation of the Performance Evaluation Advisory…
Continue Reading State Board of Education Adopts PEAC Recommendation Regarding Use of Master Tests in Educator Evaluation Plans

teacherevaluationimageIt has been nearly five years since the Connecticut General Assembly adopted Public Act 12-116 titled An Act Concerning Educational Reform, and most importantly, made…
Continue Reading Register Now for Teacher Evaluations in Connecticut: Where Are We Now?

Teacher SupportOn June 29, 2016, the Teacher Retirement Board (“TRB”) issued new guidance concerning the reemployment of retired teachers. One of the new and significant guidelines…
Continue Reading Teacher Retirement Board Issues Revised Guidelines for the Reemployment of Retired Teachers

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut education system violates the state constitution.  This ruling is the latest in a case first filed on December 12, 2005.

In 2007, the trial court dismissed the plaintiffs’ claims and held that the Connecticut Constitution did not contain a right to “suitable educational opportunities.”  In 2010, however, the Connecticut Supreme Court reversed that 2007 decision and remanded the case back to Superior Court for trial, although the Supreme Court was split and there was no majority opinion.Continue Reading Superior Court Judge Rules Connecticut Education System Unconstitutional

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws.   The preliminary injunction, issued on the eve of a new school year, bars enforcement of guidance issued by the federal Department of Justice (DOJ) and Department of Education (DOE).  Through the suit, thirteen states challenge the validity of the Dear Colleague letter (DCL) published jointly by both agencies in April.  The DCL interprets Title IX of the Education Amendments of 1972 to encompass discrimination based on gender identity, including discrimination based on a student’s transgender status.   Title IX was enacted to prevent discrimination on the basis of sex but does not explicitly include transgender individuals within its protective bounds.  The DCL sets forth the agencies’ interpretations and schools’ obligations regarding transgender students and puts federal funding at risk where schools are not in compliance with the requirement that public schools accommodate transgender students’ asserted gender identities.  The guidance is applicable to schools in receipt of Federal financial assistance at all educational levels, including colleges and universities as well as public school districts.Continue Reading Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

200412024-001On June 17, 2015, Connecticut’s Attorney General issued an opinion concerning the “statutory limits on the compensation provided to reemployed teachers (including superintendents and other administrators) pursuant to Conn. Gen. Stat.§ 10-183v(a).” Based on his analysis of the language of Conn. Gen. Stat. § 10-183v, the Attorney General concluded “that a teacher may be reemployed pursuant to Conn. Gen. Stat. § 10-183v(a) while receiving a retirement benefit from the [Teachers’ Retirement] System, but he or she may not receive compensation beyond ‘forty-five percent of the maximum salary for the assigned position.’”

Following the Attorney General’s opinion, the Teachers’ Retirement Board (TRB) released guidance concerning its interpretation and plans for implementation of provisions concerning the reemployment by school districts of retired teachers, in the form of a “Questions and Answers” publication, dated July 27, 2015. This client alert reports on how TRB will now be implementing reemployment provisions for retired teachers, administrators and superintendents (note that when the terms “teacher” or “teachers” are used in this Client Alert, the term includes certified administrators and superintendents).

The Attorney General opinion and the recent TRB guidance will significantly change the manner in which school districts may employ TRB retirees under the 45% rule. While this Client Alert provides a summary of the most significant changes, school districts are advised to consult counsel with specific questions related to the reemployment of specific individuals.Continue Reading TRB Issues New Guidance Concerning the Reemployment of Retired Teachers