ALVORD, J.
The plaintiff, Laura Langello, appeals from the judgment of the trial court affirming the decision of the defendant, the West Haven board of education (board), to terminate her employment contract. The plaintiff, a tenured teacher in the West Haven public school district, claims that the court failed to give sufficient weight to General Statutes (Rev. to 2009) § 46a60 (Fair Employment Practices Act)
The record reveals the following procedural history pursuant to § 10-151(d).
An impartial hearing officer, whom the parties selected, conducted a six day hearing concerning the termination of the plaintiff's employment contract on February 24, March 19, 26 and 31, and April 1 and 2, 2010. The hearing officer issued a decision on April 28, 2010, recommending termination of the plaintiff's employment contract. In a letter dated May 4, 2010, Cavallaro informed the plaintiff that the board had adopted the findings of fact, conclusions and recommendations of the hearing officer and, accordingly, terminated the plaintiff's employment contract.
On May 21, 2010, the plaintiff filed a complaint with the Superior Court, pursuant
The following facts, which were found by the hearing officer and adopted by the board, are relevant to this appeal. The plaintiff was a tenured elementary instrumental music teacher who was employed by the board. Throughout most of her career, the plaintiff has suffered from numerous health conditions, including post-traumatic stress disorder, depression, anxiety and sleep and mood disorders. She also has a nonmalignant brain cyst and suffers from chronic allergies and a pulmonary condition. These medical conditions have caused the plaintiff to be hospitalized five or six times over the past five years, and she has planned to commit suicide on several occasions. The plaintiff also has been forced to take several leaves of absence from her employment due to her medical conditions, resulting in a rate of absenteeism that is substantially higher than the average rate for teachers statewide and in West Haven.
In 1993, the plaintiff, who was employed as a West Haven schoolteacher, underwent a fitness for duty examination. The examination revealed that the plaintiff was not fit for duty because she appeared to be "confused," "overwhelmed" and to have "difficulty in performing even the simplest task around the house." (Internal quotation marks omitted.) In 1994, the plaintiff worked only twenty hours per week as a scheduling accommodation, and the next year a full-time paraprofessional was assigned to assist the plaintiff with the transition back to full-time employment. The accommodation of a full-time paraprofessional to assist the plaintiff continued until the termination of the plaintiff's employment contract more than fourteen years
During the time between when the plaintiff began receiving assistance from a full-time paraprofessional and when the board decided to terminate the plaintiff's employment contract, there was a decrease in the number of students participating in the plaintiff's band class and an increase in the number of parents who complained about the plaintiff. The parents' complaints ranged from the inadequacy of her teaching ability to allegations by the students that she would fall asleep during class. In fact, the hearing officer found that there had been more complaints about the plaintiff than any other teacher in West Haven. Teachers and one of the school principals expressed concerns because the plaintiff would drop things, trip, aimlessly wander the hallways and forget to notify a substitute teacher when she was absent. Further, her attendance was erratic, and she frequently was tardy in arriving to teach her class.
Several specific instances of conduct also caused concern. In one instance, the plaintiff dismissed early the entire middle school band class, which consisted of approximately forty students, because she thought several students were misbehaving. The school nurse found the dismissed students wandering around the school crying and emotionally distraught. The school principal thought the plaintiff's actions created a dangerous situation. In another instance, the principal, who was observing the plaintiff's class, stopped the plaintiff from dismissing class prematurely and had to inform her that twenty minutes remained in the period. In a third instance, the plaintiff was found sleeping in her car in the parking lot before school. In a fourth instance, the plaintiff drove to the wrong school and waited for an hour until the principal of that school asked her why she was there when she was scheduled to be at a different school one-half mile away. The plaintiff replied that she was running out of gas and had locked her keys in her car. The principal agreed to assist her, noticed that the rear door of her car was unlocked and retrieved the plaintiff's keys from inside the car. Concerned about the plaintiff's mental state, the principal directed her to wait for someone from the other school to come and pick her up. Instead, the plaintiff left in her car and arrived at the proper school one-half mile away twenty minutes later.
On May 7, 2009, approximately two weeks after the incident when the plaintiff drove to the wrong school and mistakenly thought she had locked her keys in her car, the plaintiff looked ill. The principal directed her to go home and not to return that evening for the spring concert. The plaintiff went home, but then attempted to return for the concert and was involved in a car accident. Due to the accident of May 7, 2009, and the instance that occurred two weeks prior, Cavallaro ordered the plaintiff to submit to a fitness for duty assessment. In addition to an assessment of her physical condition, the plaintiff was required to submit to a psychiatric fitness
Thies found that the plaintiff had a markedly deficient capacity to retrieve and store information and a depressed executive functioning, which manifested itself in marginally slower processing speed, loss of mental set and difficulty alternating between sequences.
Fabbri's assessment was that the plaintiff's psychiatric prognosis did not appear likely to improve. He noted the aggressive psychiatric regimen the plaintiff had been under and the extensive medical treatment she had received. Initially, he believed that the plaintiff would be able to return to work, but he concluded that she was not fit for duty, stating: "Therefore, in the best interests of all concerned, and after thinking and re-thinking this complicated situation, I would suggest that [the plaintiff], in view of her multiple medical disabilities and syndromes ... be offered an early retirement package...." The hearing officer recommended that the plaintiff's employment contract be terminated, and the board adopted that recommendation. This appeal followed.
Additional facts will be set forth as necessary.
In the board's brief to the trial court, it contended that "there is absolutely no jurisprudence to support [the] plaintiff's contention that the Teacher Tenure Act was intended to be read in conjunction with the [Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.)] or the Connecticut Fair Employment Practices Act...." At the September 21, 2011 hearing before the court, however, the board conceded that it was required to make reasonable accommodations to the plaintiff due to her physical and mental condition because such accommodation is required by the ADA.
Although both parties stipulate that the termination of a tenured teacher's employment pursuant to the Teacher Tenure Act is subject to the restrictions and procedures mandated by the Fair Employment Practices Act, the manner in which the two acts coexist is an issue of first impression for this court. Additionally, the interplay of the Teacher Tenure Act and the Fair Employment Practices Act is an essential predicate to addressing the plaintiff's claim on appeal. We are therefore compelled to conduct the following analysis.
"When ... a statutory provision is silent with respect to [the issue at hand], our analysis is not limited by [General Statutes] § 1-2z, which provides that the meaning of statutes shall be ascertained from only their text and their relationship to other statutes if those sources reveal an unambiguous meaning that is not absurd or unworkable.... In addition to the words of the statute itself, we look to ... the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter." (Citation omitted; internal quotation marks omitted.) Curry v. Goodman, 286 Conn. 390, 407, 944 A.2d 925 (2008). "Furthermore, it is an elementary rule of statutory construction that we must read the legislative scheme as a whole in order to give effect to and harmonize all of the parts.... When statutes relate to the same subject matter, they must be read together and specific terms covering the given subject matter will prevail over general language of the same or another statute which might otherwise prove controlling." (Citation omitted; internal quotation marks omitted.) Coregis Ins. Co. v. Fleet National Bank, 68 Conn.App. 716, 720, 793 A.2d 254 (2002).
"It is axiomatic that Connecticut adheres to a public policy prohibiting discrimination on the basis of disabilities. Such a policy is embodied in General Statutes § 46a-60 (a)(1), which prohibits discrimination because of [an] individual's... present or past history of mental disability ... or physical disability...." (Internal quotation marks omitted.) International Brotherhood of Police Officers, Local 361 v. New Milford, 81 Conn.App. 726, 735, 841 A.2d 706 (2004). Our Supreme Court has stated that "[t]he legislative history of the [fair employment practices] act indicates that the statute was intended to provide strong protections for those with disabilities"; Curry v. Goodman, supra, 286 Conn. at 410-11, 944 A.2d 925; and that a "thorough review of the legislative history reveals a consistent intent to increase protections for individuals with disabilities." Id., at 412, 944 A.2d 925. Because "the intent of the legislature [was] to stamp out discrimination on the basis of physical disability and a wide range of other disabilities (mental disability, learning disability and [intellectual disability]), we must not interpret the statute in a way that would thwart this purpose." Id.
In keeping with the public policy that prohibits discrimination on the basis of disability, and our Supreme Court's analysis of the legislative intent behind § 46a-60 (a)(1), we conclude that any teacher who is terminated pursuant to the Tenure Teacher Act enjoys the protections of the Fair Employment Practices Act. A contrary conclusion — that a tenured teacher who is discharged from her employment because of her disability pursuant to § 10-151(d)(4) is outside of the protections of § 46a-60 — would thwart the purpose of the Fair Employment Practices Act. To ensure compliance with the purpose of the Fair Employment Practices Act, a teacher who is discharged for any of the reasons enumerated in § 10-151(d) must be afforded the protections of § 46a-60. A board of education, if it seeks to terminate a teacher's employment pursuant to the Teacher Tenure Act for reason of a disability, must follow the mandates of the Fair Employment Practices Act and show that the teacher was unable to perform the essential functions of her profession with or without reasonable accommodation.
Having determined that the board was required to prove that the plaintiff was unable to perform the essential functions of her profession with or without reasonable accommodation,
The following additional facts, which were found by the hearing officer, are relevant to the issue of whether the plaintiff could perform the essential functions of her job with the accommodation of a full-time paraprofessional. The plaintiff received the accommodation of working with a full-time paraprofessional from 1995 until the time of the termination of her employment contract. Misty Talamelli, who is not a certified teacher, served as the full-time paraprofessional assigned to assist the plaintiff from December, 2000, through June, 2009. In her role of assisting the plaintiff, Talamelli performed the following duties: scheduled students' rehearsal times; arranged concerts; arranged field trips; collected money; graded worksheets; entered grades into the computer; calculated the students' final grade; and, periodically, determined the grade a student should receive and taught the class when the plaintiff was absent.
The hearing officer found that the duties of an instrumental music teacher at the elementary level include compiling the music that students will use, working with the instrument company to secure instruments for the students, arranging the students' schedule with other teachers, providing instrument instruction, preparing for concerts, recruiting students to band, preparing lesson plans and grading students' work. The record also contains a list of the "Essential Duties and Responsibilities" for a "Teacher, Instrumental Music (Elementary)." Essential duties from this list were referenced in Fabbri's assessment, which stated that the neuropsychological testing of the plaintiff indicated that four specific essential duties would present a challenge to her: (1) "[e]stablishes and maintains standards of student behavior required to provide an orderly and productive environment"; (2) "[d]evelops instructional plan and organizes class time to provide a balanced program of instruction, demonstration and working time"; (3) "[g]ives clear directions and makes sure students understand what to do before undertaking assignments"; and (4) "[c]onducts interesting and well-paced classes using a variety of instructional techniques and materials appropriate to the lessons." (Internal quotation marks omitted.) The hearing officer credited the conclusion of Fabbri's assessment in her determination.
The hearing officer found that the plaintiff failed to perform some of the most basic duties of an instrumental music teacher, such as recruiting students to participate in band and communicating with parents. Additionally, the school principals expressed concern about the plaintiff's ability to perform the essential functions of her job, with one estimating that the full-time paraprofessional, Talamelli, performed approximately 90 percent of the classroom teacher's duties. One instance that supports that concern occurred when a principal of one of the schools requested to examine the plaintiff's lesson plans. In response to that request, the plaintiff provided him with a single sheet of paper spanning a six week time period. She also submitted a calendar with handwritten notes about the students' activities. The principal stated that those documents did not meet the requirement that all teachers must maintain lesson plans. Further, Talamelli testified that she had prepared the lesson plans that the plaintiff submitted in response to the principal's request. Cavallaro and the principal testified that it is a violation of state certification law for someone other than a certified teacher to prepare lesson plans.
The hearing officer determined that the evidence of the plaintiff's mental disability established cause for the termination of her employment contract pursuant to § 10-151. The plaintiff's poor attendance, inability to provide proper instruction to her students, failure to make lesson plans, errors in judgment and troubling actions on several specific occasions supported the hearing officer's determination that the board had ample justification to terminate the plaintiff's employment contract for other due and sufficient cause.
"Judicial review of the school board's administrative decision follows established principles of administrative law. The court's ultimate duty is only to decide whether, in light of the evidence, the [board] has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion.... Conclusions of law reached by the [board] must stand if the court determines that they resulted from a correct application of the law to the facts found and could reasonably and logically flow from such facts." (Internal quotation marks omitted.) Rogers v. Board of Education, 252 Conn. 753, 761, 749 A.2d 1173 (2000). "Judicial review of [a board's] decision requires a court to determine whether there is substantial evidence in the administrative record to support the [board's] findings of basic fact and whether the conclusions drawn from those facts are reasonable." (Internal quotation marks omitted.) Id., at 768, 749 A.2d 1173.
The Teacher Tenure Act provides that a court reviewing an appeal from the decision of a hearing officer "may affirm or reverse the decision appealed from in accordance with subsection (j) of section 4-183...." General Statutes § 10-151(e). "The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court shall affirm the decision of the agency unless the court finds that substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; in excess of the statutory authority of the agency; (2) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion...." General Statutes § 4-183(j).
The plaintiff contends that the decision to terminate her employment contract pursuant to § 10-151(d) violated the statutory principles set forth in the Fair Employment Practices Act. The board's decision to discharge the plaintiff pursuant to the Teacher Tenure Act complied with the mandates of the Fair Employment Practices Act. The board provided the plaintiff with a reasonable accommodation, and only sought termination of her employment once it determined she was unable to perform the essential functions of her job with that accommodation. The hearing officer considered the totality of the evidence and the specific facts of this case and concluded that the board properly could terminate the plaintiff's employment contract because she was unable to perform
The judgment is affirmed.
In this opinion the other judges concurred.
General Statutes § 10-151(d) provides in relevant part: "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 at any time for one or more of the following reasons: (1) Inefficiency or incompetence ... (2) insubordination against reasonable rules of the board of education; (3) moral misconduct; (4) disability, as shown by competent medical evidence; (5) elimination of the position to which the teacher was appointed or loss of a position to another teacher ... or (6) other due and sufficient cause. ..." (Emphasis added.)