210 Conn. 286 | Conn. | 1989
The dispositive issue in this case, which comes to us by way of reservation, is whether General Statutes (Rev. to 1989) § 10-145b (i)
Pursuant to Practice Book § 4148, the parties stipulated to the following facts. The plaintiffs, the Connecticut Education Association, Inc., and the Connecticut State Federation of Teachers, Inc., are nonprofit corporations and labor organizations representing public school teachers and local teacher bargaining representatives pursuant to General Statutes § 10-153a. The plaintiff
Several statutes provide a frame of reference for the issues in this case. General Statutes (Rev. to 1989) § 10-145,
Before May, 1986, a two-tiered certification process governed Connecticut school teachers. Newly certified teachers received “provisional teaching certificates,” valid for no fewer than three years. Thereafter, teachers became eligible to receive a “standard teaching certificate,” valid for life and revocable only “for cause,” as provided by statute. General Statutes (Rev. to 1985)
On July 2, 1986, the General Assembly passed the legislation presently at issue, Public Acts, Spec. Sess., May, 1986, No. 1, entitled “An Act Concerning Education Enhancement” (act). The act, as amended by Public Acts 1988, No. 88-273, replaced the two-tiered certificate system with a three-tiered system, beginning with an “initial educator certificate,” graduating to a “provisional educator certificate” and finally to a “professional educator certificate.” General Statutes (Rev. to 1989) § 10-144o (2), (5) and (7).
The new professional educator certificates will be issued for five year renewable terms. The act, however, conditions the renewal of the certificates solely upon each teacher’s “successful completion of professional development activities which shall consist of not less than nine continuing education units [CEUs] or their equivalent . . . during each successive five-year period.” General Statutes (Rev. to 1989) § 10-145b (l) (l).
The provisions for the exchange of certificates and for the continuing education were enacted as part of a comprehensive legislative package intended to upgrade public education in this state. A major purpose of the act was to attract a greater number of qualified people to enter and to remain in the teaching profession. Recognizing the importance of higher salaries to the achievement of this goal, the legislature offered state money to each local and regional school district so that new teachers could be hired at a “state designated target minimum salary.” General Statutes (Rev. to 1989) §§ 10-257a (e), 10-257b. Further funding was provided to school districts so that they could increase the salaries of experienced teachers, address the problem of crowded classrooms, provide mentor and assessment programs and otherwise enhance their general educational offerings. General Statutes (Rev. to 1989) §§ 10-257c, 10-257d and 10-2571 In return for these financial enhancements of the teaching profes
I
The plaintiffs make two separate due process arguments: procedural and substantive. We conclude that the act does not violate the plaintiffs’ due process rights in either respect.
A
Analysis of the plaintiffs’ procedural due process claim requires a three part inquiry: (1) did the plaintiffs have a property interest in their standard and permanent teaching certificates; (2) does General Statutes (Rev. to 1989) § 10-145b (i) deprive them of that property interest; and (3) did the deprivation of the interest occur without due process of law?
Significantly, the plaintiffs do not contend that the constitution prevents the state, or even a local or regional school board, from imposing additional educational requirements as a condition for continued service as a teacher. Federal cases support the proposition that such educational requirements do not create an unconstitutional burden. “ ‘[LJegislation readjusting rights and burdens is not unlawful solely because it upsets otherwise settled expectations.’ ” United States v. Locke, 471 U.S. 84, 104, 105 S. Ct. 1785, 85 L. Ed. 2d 64 (1985), quoting Usery v. Turner Elkhorn Mining Co., 428 U.S. 1, 16, 96 S. Ct. 2882, 49 L. Ed. 2d 752 (1976). Furthermore, “[e]ven with respect to vested property rights, a legislature generally has the power to impose new regulatory constraints on the way in which those rights are used, or to condition their continued retention on performance of certain affirmative duties. As long as the constraint or duty imposed is a reasonable restriction designed to further legitimate legislative objectives, the legislature acts within its powers in imposing such new constraints or duties.” United States v. Locke, supra, 104; see also Brown v. McGarr, 774 F.2d 777, 782 (7th Cir. 1985) (completion of qualifying units a valid condition for admittance to the “trial bar,” even for an attorney who had already been a member of the bar before the creation of the
The explicit focus of the plaintiffs’ constitutional argument is their dissatisfaction with the statutory mandate that they trade lifetime certificates for renewable ones. We are not persuaded that the difference between the existing standard and permanent teaching certificates and the prospective professional educator certificate is a distinction of constitutional dimension, when completion of the educational requirement is the only statutory condition for renewal of the new certificates. The plaintiffs, in effect, argue that although an added educational requirement may operate constitutionally as a condition subsequent to the continuing validity of an existing teaching certificate, the identical requirement becomes unconstitutional when it is a condition precedent to renewal of a new certificate. Our reading of the relevant constitutional cases discloses no support for this proposition. See, e.g., Rogers v. Bellei, 401 U.S. 815, 833-34, 91 S. Ct. 1060, 28 L. Ed. 2d 499 (1971); Ramos-Hernandez v. Immigration & Naturalization Service, 566 F.2d 638, 642 (9th Cir. 1977). Taking into account the legislature’s laudable objective of upgrading education, we conclude that the act does not constitute a significant present impairment or deprivation of the plaintiffs’ property interests in their teaching certificates, and therefore does not violate their procedural due process rights.
B
We also disagree with the plaintiffs’ claim that the act violates their constitutional rights to substantive due process.
Constitutional attacks on the rationality of economic or social welfare legislation must rebut the presumption of constitutionality that attaches to such legislation. “ ‘[T]he burden is on one complaining of a due process violation to establish that the legislature has acted in an arbitrary and irrational way.’ ” Duke Power Co. v. Carolina Environmental Study Group, Inc., 438
II
Finally, the plaintiffs argue that the act violates the constitutional prohibition against impairment of the obligation of their contracts with their respective employers, the local and regional boards of education. U.S. Const., art. I, § 10.
“Unlike other provisions in [article I], it is well-settled that the prohibition against impairing the obligation of contracts is not to be read literally.” Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U.S. 470, 502, 107 S. Ct. 1232, 94 L. Ed. 2d 472 (1987); see also Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 428, 54 S. Ct. 231, 78 L. Ed. 413 (1934). “Thus, a finding that there has been a technical impairment is merely a preliminary step in resolving the more difficult question whether that impairment is permitted under the
Viewed from this perspective, the plaintiffs’ claim of impairment of contract obligation is, in the present context, virtually indistinguishable from their substantive due process claims, which we have already rejected in part IB of this opinion. The changes wrought by General Statutes (Rev. to 1989) § 10-145b (i) do not constitute a constitutionally unacceptable impairment of the plaintiffs’ teaching contracts. We are hard put to characterize that impairment as anything other than minimal. Furthermore, “[ejven a substantial impairment of a contractual relationship may be justified if the state regulation has a significant and legitimate purpose. Energy Reserves Group, Inc. v. Kansas Power & Light Co., supra, 403; United States Trust Co. v. New Jersey, supra, 22.” Schieffelin & Co. v. Department of Liquor Control, supra, 182. As we have noted above, the act has the significant, legitimate purpose of upgrading the
The plaintiffs finally claim that the state was constitutionally obligated to pursue legislative alternatives that would have avoided “the draconian impact of invalidating ‘permanent’ certificates.” They argue that the General Assembly could have encouraged teachers to undertake continuing education voluntarily, by financial incentives, by restricting funds to those who do not apply for professional educator certificates or by a “myriad” of other devices. We recognize that “a State is not free to impose a drastic impairment when an evident and more moderate course would serve its purpose equally well.” United States Trust Co. v. New Jersey, supra, 31. We do not, however, agree that the means chosen by the legislature were so “drastic” or the suggested alternatives so likely to succeed that the legislature’s course of action constituted an unconstitutional impairment of the plaintiffs’ contracts of employment.
The question reserved to this court was: “Whether [General Statutes (Rev. to 1989) § 10-145b (i)J as it applies to holders of standard or permanent certificates is unconstitutional under Article First, Section 8, amended by Article XVII of the Connecticut Constitution, and/or Article First, Section 10 of the United States Constitution, and/or the Fifth Amendment of the United States Constitution and/or the Fourteenth Amendment to the United States Constitution.” For the reasons stated above, we answer “No” to the reserved question.
No costs will be taxed in this court to either party.
In this opinion the other justices concurred.
General Statutes (Rev. to 1989) § 10-145b (i) provides: “Unless otherwise provided in regulations adopted under section 10-145d, in not less than three years nor more than ten years after the issuance of a provisional teaching certificate pursuant to subsection (d) of this section and upon the statement of the employing board of education that the person who holds or has held a provisional certificate has successfully completed course work pursuant to subsection (h) or (j), as appropriate, and has a record of competency in the discharge of his or her duties during such provisional period, the state board, upon receipt of a proper application, shall issue to a person who holds or has held a provisional certificate, a standard teaching certificate prior to July 1, 1989, and a professional educator certificate on or after said date. A signed recommendation from the superintendent of schools for the local or regional board of education or by the superintendent of a nonpublic school approved by the state board of education shall
The legislature initially enacted this provision as Public Acts, Spec. Sess., May, 1986, No. 1, § 23 (i), and then by Public Acts 1988, No. 88-273, changed its effective date from July 1, 1988, to July 1, 1989. The legislature had not yet amended the act prior to the reservation and, therefore, the record refers to No. 86-1. We will refer to the challenged provision as General Statutes (Rev. to 1989) § 10-145b (i) throughout this opinion.
The question of law reserved for our advice is: “Whether [General Statutes (Rev. to 1989) § 10-145b (i)] as it applies to holders of standard or permanent certificates is unconstitutional under Article First, Section 8, amended by Article XVII of the Connecticut Constitution, and/or Article First, Section 10 of the United States Constitution, and/or the Fifth Amendment of the United States Constitution and/or the Fourteenth Amendment to the United States Constitution.”
General Statutes (Rev. to 1989) § 10-145 provides in pertinent part: “No teacher, supervisor, administrator, special service staff member or school superintendent shall be employed in any of the schools of any local or regional board of education unless such person possesses an appropriate state certificate, nor shall any such person be entitled to any salary unless such person can produce such certificate dated previous to or the first day of employment.”
General Statutes (Rev. to 1985) § 10-144o provides in pertinent part: “As used in section 10-145 to 10-159a, inclusive . . .
“(2) ‘Provisional certification period’ means an initial period of no less than three years, during which the applicant for a standard teaching certificate performs the duties of a teacher;
“(3) ‘Provisional teaching certificate’ or ‘provisional certificate’ means a license to teach during the provisional certification period, issued to a person who meets in full the preparation requirements of the state board of education;
“(4) ‘Standard teaching certificate’ or ‘standard certificate’ means a license to teach issued to one who has successfully completed no less than three years of satisfactory teaching experience and fulfilled other requirements while holding a provisional certificate or its equivalent.”
The predecessor to the “standard teaching certificate” was the “permanent teaching certificate,” as held by the plaintiff Strain. See General Statutes (Rev. to 1975) § 10-145a (5).
General Statutes (Rev. to 1989) § 10-145b (m) provides: “The state board of education may revoke any certificate issued pursuant to this section for any of the following reasons: (1) The holder of the certificate obtained such certificate through fraud or misrepresentation of a material fact; (2) the holder has persistently neglected to perform the duties for which certification was granted; (3) the holder is professionally unfit to perform the duties for which certification was granted; (4) the holder is convicted in a court of law of a crime involving moral turpitude or of any other crime of such nature that in the opinion of the board continued certification would impair the standing of certificates issued by the board; or (5) other due and sufficent cause. Revocation shall be in accordance with procedures established by the state board of education pursuant to chapter 54.”
General Statutes (Rev. to 1989) § 10-144o (2), (5) and (7) provide: “(2) ‘Initial educator certificate’ means a license to teach issued on or after July
“(5) ‘Provisional educator certificate’ means a license to teach, issued on or after July 1, 1989, to a person who (A) has successfully completed the beginning educator program and not less than one school year of successful teaching in a public school or (B) has completed at least three years of successful teaching in a public or nonpublic school approved by the state board of education or appropriate governing body in another state within ten years prior to application for such provisional educator certificate . . .
“(7) ‘Professional educator certificate’ means a license to teach issued on or after July 1,1989, initially to a person who has successfully completed not less than three school years of teaching in a public school or nonpublic school approved by the state board of education while holding a provisional educator or provisional teaching certificate and has successfully completed not fewer than thirty semester hours of credit beyond a bachelor’s degree. Said certificate shall be continued every five years after issuance upon the successful completion of not less than nine continuing education units or their equivalent, as defined by the state board of education, during each successive five-year period. The successful completion of continuing education units shall only be required for certified employees of local and regional boards of education.”
The renewal requirement applies only to “employees of local and regional boards of education.” General Statutes (Rev. to 1989) § 10-145b (l). There
The state and the local or regional boards of education will share the cost of offering the CEUs and each local or regional board must make available within their district no fewer than eighteen units per year. The teachers and their collective bargaining representatives will have input into the choice of the subject matter, time and location of the classes. General Statutes (Rev. to 1989) § 10-145b (l) (1). For those who must exchange certificates, the state even waives the $15 application fee. General Statutes (Rev. to 1989) § 10-145b (p).
The plaintiffs claim that the act takes property without due process in violation of the amendments to the fourteenth amendment to the United States constitution and article first, § 8, as amended by article XVII of the amendments to the Connecticut constitution. Because the language of the provisions are similar, and because the plaintiffs “ ‘[have] proffered no argument that the rights afforded to [them] by the federal and state constitutions are in any way distinguishable with respect to the substantive issue that [they have] raised’ State v. Chung, 202 Conn. 39, 45 n.7, 519 A.2d 1175 (1987); State v. Braxton, 196 Conn. 685, 688 n.2, 495 A.2d 273 (1985); we do not independently undertake such an analysis. See also New Haven v. United Illuminating Co., 168 Conn. 478, 494 n.8, 362 A.2d 785 (1975).
See footnote 4, supra.
As of July 1, 1989, the teachers must give up their standard and permanent teaching certificates. No teacher will suffer any termination as of that date, however, unless he or she fails to exchange the certificate. The process of exchange depends only on the filing of a proper application and the receipt of a new certificate requires only a ministerial act. No issue of nonrenewal can arise for five more years, and such an event, according to the statute, will occur only if the holders have then arguably failed to
While the plaintiffs’ brief is unclear about whether a substantive due process argument has been distinctly raised, doubts raised about the scope of their brief at oral argument persuade us to address this issue briefly.
This court and, to a certain extent, the United States Supreme Court, have recognized a right to education requiring a heightened scrutiny of state statutes infringing on the right. Plyler v. Doe, 457 U.S. 202, 223-24, 102 S. Ct. 2382, 72 L. Ed. 2d 786, reh. denied, 458 U.S. 1131, 103 S. Ct. 14, 73 L. Ed. 2d 1401 (1982); Horton v. Meskill, 172 Conn. 615, 648-49, 376 A.2d 359 (1977). The state constitutional right to free public education; Conn. Const., art. 8, § 1; protects only the rights of the recipients of educational services to a substantially equal educational opportunity. Campbell v. Board of Education, 193 Conn. 93, 105, 475 A.2d 289 (1984); Horton v. Meskill, supra, 649. Neither the state nor the federal constitution requires a stricter scrutiny merely because the regulation affects teachers. If anything, a fundamental right to equal educational opportunity supports the rationality of legislative efforts to improve the quality of that education.
Article one, § 10, of the United States constitution provides: “No State shall . . . pass any . . . Law impairing the Obligation of Contracts
General Statutes (Rev. to 1989) § 10-151 (c) and (d) provide in pertinent part: “(c) The contract of employment of a teacher who has not attained tenure may be terminated at any time for any of the reasons enumerated in subdivisions (1) to (6), inclusive, of subsection (d) of this section; otherwise the contract of such teacher shall be continued into the next school year unless such teacher receives written notice by April first in one school year that such contract will not be renewed for the following year. . . .
“(d) 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 com
The plaintiffs stress that this is especially the case with respect to the named plaintiffs who are tenured and hold standard and permanent certificates.