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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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verbatim for a deposition and review the case on the merits presented therein. Cooper was not<br />

allowed to submit any new evidence, to which he objected to citing the limiting nature of this<br />

type of review. The chancellor proceeded to review the case as he stated and determined in<br />

January 1987 that the evidence was in favor of the board and dismissed Cooper’s suit. Cooper<br />

appealed.<br />

Issues: Was the procedure conducted by the Court Chancellor valid and in Accordance<br />

with the Teacher Tenure Act (T.C.A. §§ 49-5-501, et seq.)?<br />

Holding: The court held that the manner of review conducted by the Chancellor was<br />

invalid and in violation of the Teacher Tenure Act.<br />

Reasoning: The Teacher Tenure Act (T.C.A. §§ 49-5-501, et seq.) explicitly indicates<br />

that a hearing must be conducted de novo with numerous stipulations such as the introduction to<br />

new evidence. Because the Chancellor assumed the role of an appellate review rather than a<br />

judicial review, Cooper was denied an adequate hearing in accordance with the Teacher Tenure<br />

Act (T.C.A. §§ 49-5-501, et seq.).<br />

Disposition: The court affirmed in part and vacated and remanded in part for a new<br />

hearing on merits.<br />

Citation: Mohn v. Independent School District, 416 N.W.2d 494 (1987 Minn. App.).<br />

Key Facts: In an effort to promote fiscal stability, the Minnesota legislature created the<br />

Interdistrict Cooperation Act (ICA) under Minn. Stat. § 122.541. ICA provided school districts<br />

with the ability to consolidate together to stabilize budgets and broaden tax bases. In 1986, the<br />

Eveleth, Minnesota School District and the Independent School District No. 699 of Gilbert,<br />

Minnesota did just that. Eveleth discontinued offering Grades 7, 8, and 9 while Gilbert<br />

discontinued Grades 10, 11, and 12. In so doing, Eveleth assumed responsibility for operating the<br />

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