The teacher shall have the right to appear with counsel of his choice at such hearing." See Joanou v. Board of Education, 165 Conn. 671, 673-74, 345 A.2d 46; see also Ames v. Board of Education, 167 Conn. 444, 356 A.2d 100. The necessity for assuring procedural rights in administrative hearings has been recognized by this court on former occasions.
Our law requires nothing more to confer jurisdiction on the hearing panel. See Petrovich v. Board of Education, 189 Conn. 585, 588, 457 A.2d 315 (1983); Tucker v. Board of Education, 177 Conn. 572, 578 n. 5, 418 A.2d 933 (1979); Mauriello v. Board of Education, 176 Conn. 466, 472, 408 A.2d 247 (1979); Joanou v. Board of Education, 165 Conn. 671, 673-74, 345 A.2d 46 (1974). The plaintiff's other claims of deficiencies in the report of the hearing panel involve findings of fact that do not require elaboration on appeal. The trial court found that the panel member appointed by the plaintiff had not been prevented from deliberating or participating in the panel's decision-making process.
"Section 10-151 (a) [of the General Statutes], the relevant portion of what is commonly referred to as the Teacher Tenure Act, imposes three procedural requirements upon a board of education in order properly to decline to renew the contract of a nontenured teacher: (1) the teacher must receive notification prior to March 1 that his contract will not be renewed for the coming school year, (2) the teacher must be furnished, upon request, with a written statement of reasons for the nonrenewal and (3) the teacher must be granted a prompt hearing before the board with counsel of his own choice." Joanou v. Board of Education, 165 Conn. 671, 673-74, 345 A.2d 46 (1974). The procedural requirements for nonrenewal of the plaintiff's contract for the 1975-76 school year were satisfied. The plaintiff was notified in writing of nonrenewal before March 1 and she requested neither clarification nor a hearing.
According to the facts alleged in the plaintiff's own complaint the board complied with the procedural protections required by the statute. Joanou v. Board of Education, 165 Conn. 671, 673-74, 345 A.2d 46 (1974). PETERS, J. (dissenting).
Since the plaintiff in fact received the required notification, she was not prejudiced by the absence of prior board authorization. Cf. Joanou v. Board of Education, 165 Conn. 671, 674, 345 A.2d 46 (1974). The plaintiff urges finally that the proceedings in her case, taken as a totality, were lacking in fundamental fairness.
Prior to terminating a contract, a board of education shall vote to give the teacher concerned a written notice that termination of such teacher's contract is under consideration and, upon written request filed by such teacher with such board within seven days after receipt of such notice, shall within the next succeeding seven days give such teacher a statement in writing of the reasons therefor. In Joanou v. Board of Education, 165 Conn. 671, 345 A.2d 46 (1974), the court held that notice of termination which is sent to the plaintiff by the superintendent instead of by the board constitutes sufficient notice. Id., 673.
The notice function may be delegated by a local board to its superintendent. Joanou v. Board of Education, 165 Conn. 671, 673 (1974) (notices from the superintendent are sufficient concerning the nonrenewal of a teacher's contract and setting forth reasons why the teacher had not been renewed). The court, therefore, finds that the Superintendent appropriately sent notice to the plaintiff in accordance with 10-151(d)
On appeal to the Supreme Court the plaintiff in that case did not specifically assign this as finding error. Joanou v. Board of Education, 165 Conn. 671. Similar reasoning was expressed by an Illinois Appellate Court in People ex rel. Thomas v. Board of Education, 40 Ill. App.2d 308, wherein the court decided that temporary employees by performing as temporary employees do not gradually acquire tenure rights. Accordingly, this court finds that the plaintiff while working pursuant to a temporary emergency permit for the period beginning September 1, 1970, and ending June 30, 1971, acquired no rights pursuant to ยง 10-151 (b) of the General Statutes and does not meet the technical requirements of tenure defined by that statute.