Hanes v. Board of Education

783 A.2d 1, 65 Conn. App. 224, 2001 Conn. App. LEXIS 430
CourtConnecticut Appellate Court
DecidedAugust 28, 2001
DocketAC 19838
StatusPublished
Cited by9 cases

This text of 783 A.2d 1 (Hanes v. Board of Education) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanes v. Board of Education, 783 A.2d 1, 65 Conn. App. 224, 2001 Conn. App. LEXIS 430 (Colo. Ct. App. 2001).

Opinion

Opinion

MIHALAKOS, J.

The plaintiff, Carolyn Hanes, appeals from the judgment of the trial court dismissing her administrative appeal from the decision of the defendant board of education of the city of Bridgeport (board). At issue is the board’s decision to terminate her contract of employment. On appeal, the plaintiff claims, inter alia, that the court (1) divested itself of subject matter jurisdiction when it did not permit her to introduce evidence that had not been presented to the board and the hearing panel, and (2) incorrectly concluded that the evidence was sufficient to support the board’s decision. We affirm the judgment of the trial court.

The relevant facts as found by the board’s hearing panel are as follows.1 From 1970 to the time of her dismissal in 1994, the plaintiff was employed as a teacher in the Bridgeport public school system. For the last six years of her employment, the plaintiff, who had earned tenure, was assigned to Thomas Hooker School. While there, the plaintiff was responsible for administering to eighth graders the reading and language arts sections of the Connecticut Mastery Test (mastery test), a statutorily mandated statewide examination given to public school students in grades four, six and eight that [226]*226is used to measure achievement in reading, language arts and mathematics.

In 1992 and 1993, only the plaintiff taught seventh grade spelling and vocabulary at Thomas Hooker School. She also taught seventh grade language arts classes that were specifically designed to enhance student scores on a section of the mastery test titled “Degrees of Reading Power” (DRP), which was used to measure the depth of a student’s vocabulary and ability to spell. In 1993, the plaintiff actively began pursuing promotions to administrative positions, including principal. She did not want to “stagnate” in a teaching position.

In the fall of 1993, the plaintiff administered the DRP section of the mastery test. After collecting the answer pamphlets from the students, the plaintiff filled in answers to questions that had been left blank and changed answers that she believed were incorrect. She then submitted the answer pamphlets for grading.

The results of the 1993 mastery test indicated that 96 percent of the plaintiffs students exceeded the goal for achievement on the DRP section. That percentage was the highest in the state. Consequently, 96 percent of the plaintiffs students were placed in advanced English classes when they entered high school the following year. The apparent achievement of the plaintiffs students enhanced the plaintiffs professional reputation.

In the fall of 1994, the plaintiffs former students were retested by the administration. Only 15 percent of them exceeded the goal for achievement on the DRP section. Thus, 81 percent of the plaintiffs students had been placed inappropriately in advanced English classes when they entered high school. The 1994 results indicated that many of those students required remedial education in reading. An investigation into the disparity between the results of the 1993 and 1994 DRP sections [227]*227revealed that the plaintiff had altered the answer pamphlets.

In its written decision, the board’s hearing panel found that as a result of the plaintiffs tampering, (1) many students in her 1993 eighth grade class were deprived of “remedial reading assistance or appropriate placement in high school,” (2) “[pjarents received grossly distorted feedback regarding their child’s level of achievement,” (3) “[t]he school’s eligibility for state grant moneys for remedial programs was negatively impacted by artificially inflated scores,” and (4) false results were submitted “to a statewide, statutorily mandated program designed to accurately evaluate students’ educational progress and to measure the effectiveness of schools and school districts.”

The hearing panel recommended that the board terminate the plaintiffs employment. The panel concluded that two independent grounds supported its recommendation: (1) the plaintiff had “engaged in moral misconduct”; and (2) “other due and sufficient cause exists to terminate [the plaintiffs employment contract].”

On November 20,1995, the board adopted the hearing panel’s findings of fact as well as its recommendation. Accordingly, the board terminated the plaintiffs employment contract. The plaintiff appealed to the court from the board’s decision.2 The court dismissed the plaintiffs appeal, and this appeal followed.3

[228]*228I

During oral argument on December 1, 2000, the plaintiff claimed that the court divested itself of subject matter jurisdiction when it did not permit her to introduce evidence that had not been presented to the board and the hearing panel. In support of her argument, which was not raised in her principal brief to this court,4 the plaintiff claimed that the trial court applied General Statutes (Rev. to 1995) § 10-151, as amended by Public Acts 1995, No. 95-58, when, instead, it should have applied that statute as it existed prior to the amendment.5 On December 8, 2000, we ordered each of the parties to file a supplemental brief addressing the merits of her claim. Both parties complied with our order. After considering the briefs and oral arguments of the parties, we hold that regardless of whether the court’s decision to apply the amended version of § 10-151 was correct, it did not divest itself of subject matter jurisdiction.

“Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy presented by the action before it.” (Internal quotation marks omitted.) Amodio v. Amodio, 247 Conn. 724, 727, 724 A.2d 1084 (1999). “Although related, the court’s authority to act pursuant to a statute is different from its subject matter jurisdiction. The power of the court to hear and determine, which is implicit in jurisdiction, is not to be confused with the way in which that power must be exercised in order to comply with the terms of the [229]*229statute.” (Internal quotation marks omitted.) Id., 728. Thus, “[i]f [the court] applied any wrong rule of law to the situation, it was not acting without jurisdiction but in the erroneous exercise of its jurisdiction.” Artman v. Artman, 111 Conn. 124, 130, 149 A. 246 (1930). With those principles in mind, we examine the plaintiffs claim.

The plaintiff agrees that the court initially had subject matter jurisdiction to hear her appeal. She claims, however, that the court divested itself of subject matter jurisdiction when it applied the amended version of § 10-151 and, as a result, improperly precluded her from presenting evidence beyond that in the transcript of the appeal. That argument is simply contrary to settled law. “As a general rule, jurisdiction once acquired is not lost or divested by subsequent events.” (Internal quotation marks omitted.) Loulis v. Parrott, 241 Conn. 180, 198, 695 A.2d 1040 (1997). Furthermore, because “[a] court does not truly lack subject matter jurisdiction if it has competence to entertain the action before it”; (internal quotation marks omitted) Amodio v. Amodio, supra, 247 Conn.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Moulthrop v. State Board of Education
Connecticut Appellate Court, 2021
Boccanfuso v. Conner
873 A.2d 208 (Connecticut Appellate Court, 2005)
Ral Management, Inc. v. Valley View Associates
872 A.2d 462 (Connecticut Appellate Court, 2005)
State v. Brown
809 A.2d 546 (Connecticut Appellate Court, 2002)
State v. William C.
801 A.2d 823 (Connecticut Appellate Court, 2002)
Boretti v. Panacea Co.
786 A.2d 1164 (Connecticut Appellate Court, 2001)
Gardner v. St. Paul Catholic High School, No. Cv97 0143514 (Nov. 15, 2001)
2001 Conn. Super. Ct. 15323 (Connecticut Superior Court, 2001)
Doe v. Hill Health Corp., No. Cv 01 0446764 S (Oct. 29, 2001)
2001 Conn. Super. Ct. 14125 (Connecticut Superior Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
783 A.2d 1, 65 Conn. App. 224, 2001 Conn. App. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanes-v-board-of-education-connappct-2001.