SB 1371 — AN ACT ESTABLISHING A JUST CAUSE STANDARD FOR TEACHER CONTRACT TERMINATIONS AND REQUIRING CONTRACT TERMINATION HEARINGS FOR TEACHERS THAT HAVE ATTAINED TENURE BE BEFORE A NEUTRAL HEARING OFFICER.

Senate General Assembly FileSubstitute Bill No.

3361371 January Session, 2025 SubstituteAN SenateACT BillESTABLISHING No.A JUST CAUSE STANDARD FOR TEACHER CONTRACT TERMINATIONS AND REQUIRING CONTRACT TERMINATION HEARINGS FOR TEACHERS THAT HAVE ATTAINED TENURE BE BEFORE A NEUTRAL HEARING OFFICER.

1371 Senate, March 31, 2025 The Committee on Labor and Public Employees reported through SEN.

KUSHNER of the 24th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT ESTABLISHING A JUST CAUSE STANDARD FOR TEACHER CONTRACT TERMINATIONS AND REQUIRING CONTRACT TERMINATION HEARINGS FOR TEACHERS THAT HAVE ATTAINED TENURE BE BEFORE A NEUTRAL HEARING OFFICER.

Upon the teacher's written request, not later than three calendar days after such teacher receives such notice of nonrenewal or termination, a notice of nonrenewal or termination shall be supplemented not later than four calendar days after receipt of sSB1371the /request Fileby No.a statement of the reason or reasons for such nonrenewal or termination.

336Such teacher, upon written request filed with the board of education not later than ten calendar days after the receipt of notice of termination, or nonrenewal shall be entitled to a hearing, except as LCO 1 sSB1371of File5 Substitute Bill No.

3361371 provided in this subsection, (1) before the board, or (2) if indicated in such request and if designated by athe statementboard, ofbefore an impartial hearing officer chosen by the reasonteacher orand reasonsthe forsuperintendent suchin nonrenewalaccordance orwith termination.the provisions of subsection (d) of this section.

Such teacher, upon written request filed with the board of education not later than ten calendar days after the receipt of notice of termination, or nonrenewal shall be entitled to a hearing, except as provided in this subsection, (1) before the board, or (2) if indicated in such request and if designated by the board, before an impartial hearing officer chosen by the teacher and the superintendent in accordance with the provisions of subsection (d) of this section.

[The board of education shall rescind a nonrenewaldecisiononly iftheboardfindssuchdecisionto bebearbitrary arbitrary and capricious.] Any such teacher whose contract is terminated for the reasons enumerated in subdivisions (3) and (4) of subsection (d) of this section shall have the right to appeal in accordance with the provisions of subsection (e) of this section.

(5) elimination of sSB1371the /position Fileto which the teacher was appointed or loss of a position to another teacher, if no other position exists to which such teacher may be appointed if qualified, provided such teacher, if qualified, shall be LCO 2 of 5 Substitute Bill No.

3361371 2appointed sSB1371to Filea No.position held by a teacher who has not attained tenure, and provided further that determination of the individual contract or contracts of employment to be terminated shall be made in accordance with either (A) a provision for a layoff procedure agreed upon by the board of education and the exclusive employees' representative organization, or (B) in the absence of such agreement, a written policy of the board ofeducation;

336 the position to which the teacher was appointed or loss of a position to another teacher, if no other position exists to which such teacher may be appointed if qualified, provided such teacher, if qualified, shall be appointed to a position held by a teacher who has not attained tenure, and provided further that determination of the individual contract or contracts of employment to be terminated shall be made in accordance with either (A) a provision for a layoff procedure agreed upon by the board of education and the exclusive employees' representative organization, or (B) in the absence of such agreement, a written policy of the board ofeducation;

[If the hearing sSB1371officer /is Filenot selected with the assistance of such association after five days, the hearing shall be held before the board of education or a subcommittee of the board.] When the reason for termination is LCO 3 of 5 Substitute Bill No.

3361371 3incompetence sSB1371or Fileineffectiveness, No.the hearing shall [(i)] (A) address the question of whether the performance evaluation ratings of the teacher were determined in good faith in accordance with the program adopted by the local or regional board of education pursuant to section 10-151b and were reasonable in light of the evidence presented, and [(ii)] (B) be limited to twelve total hours of evidence and testimony, with each side allowed not more than six hours to present evidence and testimony except the [board, subcommittee of the board or] impartial hearing officer may extend the time period for evidence and testimony at the hearing when good cause is shown.

336 officer is not selected with the assistance of such association after five days, the hearing shall be held before the board of education or a subcommittee of the board.] When the reason for termination is incompetence or ineffectiveness, the hearing shall [(i)] (A) address the question of whether the performance evaluation ratings of the teacher were determined in good faith in accordance with the program adopted by the local or regional board of education pursuant to section 10-151b and were reasonable in light of the evidence presented, and [(ii)] (B) be limited to twelve total hours of evidence and testimony, with each side allowed not more than six hours to present evidence and testimony except the [board, subcommittee of the board or] impartial hearing officer may extend the time period for evidence and testimony at the hearing when good cause is shown.

A copy of a transcript of the proceedingsofthehearing [shallbefurnishedbytheboardofeducation, upon written request by the teacher within fifteen days after the board's decision, provided the teacher shall assume the cost of any such copy] may be requested by either the board of education or the teacher not sSB1371later /than Filefifteen No.days after the hearing officer's decision, provided the requesting party shall bear the cost of any such copy.

336Nothing [herein] contained in this section shall deprive a board of education or LCO 4 sSB1371of File5 Substitute Bill No.

3361371 latersuperintendent thanof fifteenthe dayspower afterto thesuspend hearinga officer'steacher decision,from providedduty theimmediately requestingwhen partyserious shallmisconduct bearis charged without prejudice to the costrights of anythe suchteacher copy.as otherwise provided in this section.

Nothing [herein] contained in this section shall deprive a board of education or superintendent of the power to suspend a teacher from duty immediately when serious misconduct is charged without prejudice to the rights of the teacher as otherwise provided in this section.

sSB1371APP /Joint FileFavorable No.LCO 5 of 5

336 5 sSB1371 File No.

336 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

Municipalities Effect FY 26 $ FY 27 $ Local and Regional School STATE Minimal Minimal Districts MANDATE 1 - Potential Cost Explanation The bill results in a potential, minimal cost to local and regional school districts annually beginning in FY 26.

The bill requires local and regional school districts to hire third party hearing officers for all hearings regarding the termination of a teacher.

Currently either a hearing officer or a board of education subcommittee may conduct the hearing.

The cost of the hearings will be shared by all involved parties as under current law.

The cost of the bill to a district will vary based on the number of hearings conducted, the rate charged by such officers, and whether in the absence of the bill the district would have chosen to instead use a subcommittee.

Any cost is expected to be minimal, as such hearings are rare.

The bill also requires a showing of just cause when a teacher is State mandate is defined in Sec.

2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.

sSB1371 / File No.

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336 terminated and makes the hearing officer's decision final.

These provisionshaveno fiscalimpact,asit isnot expectedtochange any costs to local and regional boards of education associated with personnel decisions.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of hearings conducted.