ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

employee. Fifth, written notice of the reasons for demotion from the superintendent must be
provided. Sixth, a meeting or hearing before the board to discuss the demotion must be offered.
McFall’s argument was nullified on a number of these reasons. First, the superintendent
failed to initiate the proceedings. That fact disqualified points four and five of the policy. Based
on the claim for an evaluation 60 days prior to demotion, or point one, it was also void of merit
because McFall was not demoted for incompetence but “in the best interests” of the district.
McFall did not request reasons for his demotion as is required by the policy. He did receive the
opportunity to meet with board, which was not actually required by law but provided as a
courtesy to McFall. Moreover, McFall’s assertion that he had property interest in his position due
to permanent status was misguided. In reading California Education Code §§ 13314 (§§ 44893,
87454) and 13315 (§§ 44897, 87458), the court clearly distinguished that the property interest
held by teachers in their jobs is not carried over to administrators.
1991
Disposition: The ruling was affirmed.
Citation: Joseph v. Lake Ridge School Corporation, 580 N.E.2D 316, (1991 Ind. App.).
Key Facts: Joseph served as an educator for 40 years in the Lake Ridge School District.
He had spent the last 13 years as a high school principal. In October 1988, Board President,
Henry Ensweiler Jr. informed Joseph that his administrative contract might not be renewed in the
coming year. This possible action was brought about because of issues noted in a summer
swimming program that Joseph oversaw. Joseph was notified again in December 1988 of the
board’s proposal and made aware of his rights in the process. The board followed through with
its proposal and Joseph accepted a teaching job--albeit under protest--for the 1989-1990 school
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