Tomlinson v. Bd. of Educ. - 226 Conn. 704, 629 A.2d 333 (1993)

Rule:

When considering termination of a tenured teacher's employment contract, a school board acts, like an administrative agency, in a quasi-judicial capacity. Consequently, on appeal from a school board decision, the proper scope of review is that applicable to administrative appeals.

Facts:

Plaintiff Marsha Tomlinson was a tenured English teacher in Bristol. In 1990, the school board voted to reduce the number of teaching positions in the Bristol high schools’ English departments. Plaintiff was one of the teachers selected for layoff pursuant to General Statutes § 10-151 (d). The agreement in effect at the time of the plaintiff’s termination used seniority as the determining factor for layoff. At the time the school board selected the plaintiff for layoff, she was the least senior high school English teacher, with the exception of two tenured high school English teachers who taught in two special programs: Project Pride and Alternative Education. Teachers who taught in the special programs were protected from layoff, involuntary transfer, or bumping by other teachers exercising their bumping rights because of an agreement between the school board and Local 1464 of the American Federation of Teachers, AFL-CIO. On the basis of the Project Pride and Alternative Education agreements, the school board did not select one of the two less senior teachers for layoff and, instead, selected the plaintiff. After a public hearing before an impartial panel, the hearing officer concluded that the school board had lawfully selected the plaintiff for discharge pursuant to  § 10-151 (d) and, in accordance with valid agreements between the school board and Local 1464. The school board considered the hearing officer’s recommendation and discharged the plaintiff. The trial court affirmed the school board's decision and dismissed the plaintiff's appeal. Plaintiff sought further review.

Issue:

Did the school board act illegally in terminating plaintiff’s employment?

Answer:

No.

Conclusion:

In considering the termination of the teacher's employment contract, the proper scope of review was that applicable to an administrative appeal since the school board acted like an administrative agency. Thus, the court under § 10-151(f) had to determine if the school board acted illegally. The teacher alleged the school board improperly relied on agreements concerning Project Pride and Alternative Education. The court found the teacher had standing to enforce the Project Pride agreement under § 10-151(d). However, the Court found that the school board acted properly by failing to transfer the teacher to the English as a Second Language (ESL) program as the employees in that program were tutors and not teachers.