Unlike all other board of education employee groups, teachers work without the benefit of a “just cause” standard for termination. That means they are not guaranteed a fair termination process and may be subject to arbitrary discipline.
It’s time for that to change.
CEA is calling on Connecticut lawmakers to extend the just cause standard to certified teachers, school counselors, social workers, and psychologists—affording them the same rights and consideration in termination proceedings given to other school staff. Member stories play a key part in helping legislators understand why just cause is needed for teachers and how challenging the school environment can be without it.
What is just cause?
Just cause, also referred to as “fair cause,” is a recognized standard for discipline that ensures fair enforcement, due process, evidence-based decisions, equal treatment, proportionate discipline, and considerations for mitigating circumstances. Under the law, all other board of education employees who are not teachers are guaranteed a fair process in accordance with just cause. Many people believe teachers—like university professors—are afforded extra protections when they achieve tenure, but that is far from the truth.
“Without adequate and fair due process, educators can experience arbitrary discipline and unfair termination,” says CEA General Counsel Adrienne DeLucca. “While CEA’s legal team fights to restore teachers’ positions in these cases, the process can be lengthy, and much of the damage suffered when teachers are terminated without cause cannot be undone.”
Connecticut’s teacher termination law lists six reasons that can be used to dismiss a teacher:
1. Inefficiency, incompetence, or ineffectiveness
2. Insubordination
3. Moral misconduct
4. Elimination of position
5. Disability
6. Other due and sufficient cause
The last of these reasons, “other due and sufficient cause,” has no basis in labor relations legal proceedings and is alarmingly vague, says DeLucca.
“Allowing for arbitrary terminations opens the door to intimidating workplaces that negatively impact a school’s climate and culture,” she adds. “A just cause provision would ensure fair treatment.”
The solution
CEA is calling on legislators to amend the Teacher Tenure and Dismissal Act (10-151) to ensure that teacher terminations are carried out fairly and in a manner consistent with the just cause standard of discipline recognized throughout the system of labor relations.
“Members can help in this push for fairness,” says CEA Government Relations Director Ray Rossomando. “Reach out to your lawmakers and ask them to amend the first sentence of the Teacher Tenure and Dismissal Act (10-151(d)) by adding one simple phrase: ‘The contract of employment of a teacher who has attained tenure shall be continued from school year to school year, except that it may be terminated, in accordance with just cause, at any time for one or more of the following reasons…’ It’s an easy fix that costs nothing and would go a long way toward boosting teacher morale and improving school climate.”
The 2024 legislative session ends May 8. Contact your legislators today.
Board of Education Employees Who Are Protected by the Just Cause Standard for Termination |
|
No |
Yes |
Teachers |
Custodial |