ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Reasoning: In its review of § 34-85 of the Illinois School Code, the court determined that
the board had failed to show that it had provided sufficient reasons for the “initial” reassignments
of Kelly and Harvey. The board argued that at the time it was not necessary to do so because
their salaries were maintained at their initial appointment level. The court did not argue this point
as it was correct. However, Kelly and Harvey now stood to lose salary and the court reasonably
determined that this reduction was triggered by their reassignment from their initial position.
Therefore, the board was required to provide a list of reasons as to why Kelly and Harvey were
reassigned in the first place.
1989
Disposition: The order was affirmed.
Citation: Rogers v. Kelly, 866 F.2d 997 (1989 U.S. App.).
Key Facts: Dr. Leslie Rogers was hired by the Little Rock School District to serve as an
evaluation specialist in 1979. In 1981, Rogers was reassigned to Henderson Junior High School
to serve as an assistant principal. Rogers’ one year at Henderson was extremely rocky and replete
with verbal altercations with staff members. Rogers was then reassigned to the district office
prior to the end of the school year.
On June 15, 1982, Rogers was notified that his termination was being recommended to
the board. Rogers requested a hearing before the board on July 12, 1982. That meeting was
granted and scheduled for October 28, 1982; however, the board voted to terminate Rogers on
July 13 without having notified him or met with him. Rogers’s hearing provided no relief either
and the board allowed its termination to stand. Consequently, Rogers, who is African American,
filed suit alleging racial discrimination and due process violations.
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