Pereira v. State Bd. of Educ., 304 Conn. 1

Summary

The Connecticut Supreme Court considered whether the State Board of Education could authorize reconstitution of the Bridgeport Board of Education without first requiring the local board to complete statutory training. The court held that General Statutes § 10-223e (h) imposed a mandatory, nonwaivable training requirement, and that the local board's resolution requesting reconstitution did not waive it. The court therefore concluded that the authorization to reconstitute the local board was void.

Holdings

1. General Statutes § 10-223e (h) imposes a mandatory condition precedent: the State Board of Education must require the local board to undergo and complete the training described in § 10-223e (c)(2)(M) before the State Board may authorize the Commissioner to reconstitute the local board.
2. The training requirement is not subject to waiver by the local board of education.
3. The State Board's failure to require the Bridgeport Board of Education to undergo and complete the statutory training rendered the State Board's authorization for reconstitution void.

Questions Presented

1. Whether General Statutes § 10-223e (h) requires the State Board of Education to require a local board of education to undergo and complete specified training before authorizing the Commissioner of Education to reconstitute that board.
2. Whether a local board of education may waive the statutory training requirement or render it unnecessary by adopting a resolution requesting reconstitution.
3. Whether the State Board's failure to comply with the training prerequisite rendered its authorization of reconstitution void.

Disposition

remanded