Court Lacks Jurisdiction in First Year Teacher's Termination
by
Joseph C. Maya on Apr. 26, 2017
Other Education Employment Employment Contracts Employment Wrongful Termination
Summary: Blog post about a first year teacher who was fired and brought suit seeking to appeal the firing.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Gambardella v. State Department of Education, a teacher appealed a decision by the school superintendent’s decision to terminate him. The state department of education filed a motion to dismiss the teacher’s case due to subject matter jurisdiction. In law, subject-matter jurisdiction is a court’s authority to hear cases of a particular type, or relating to a specific subject matter. A court may only hear issues with which it has the authority and jurisdiction to act on. For example, a criminal court can hear criminal cases, but may not appoint guardianship to a minor in the way a probate court can.
The teacher brings this action after being notified during his first year of teaching that he was going to be terminated. According to Connecticut law, a teacher without tenure whose contract is not renewed has the ability to appeal that decision to the board of education. The board of education is an administrative agency that was created as a result of statutory authorization. In other words, it has a specific authority that is not applicable to a superior court. On appeal, the board of education affirmed the superintendent’s decision. There was no further remedy available subsequent to that decision, and as a result, leaves the superior court without the adequate authority to provide the teacher remedy for his allegedly wrongful termination.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Gambardella v. State Department of Education, 2000 Conn. Super. LEXIS 553 (Conn. Super. Ct. Mar. 1, 2000)
