ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

R.C. 3319.02 did not require boards to base their decision for non-renewal on personnel
evaluations, but rather that they must be considered. The court affirmed here.
Finally, the notion that the board illegally employed a reduction in force was invalid in
that the board chose to only non-renew expiring contracts. Here again, the court affirmed.
1993
Disposition: The court reversed and remanded in part and affirmed in part.
Citation: Klein v. Board of Education, 497 N.W.2d 620, (1993 Minn. App.).
Key Facts: Klein had served as an elementary principal in Hills-Beaver Creek
Independent School District (ISD) for 25 years. In January 1992, the school board dissolved the
elementary school principalship and created a half-time superintendent and a half-time
elementary school principal position. Klein was placed on an unrequested leave of absence.
Klein held permanent status as an elementary school principal.
Issues: (1) Was Klein unfairly “bumped” to a teacher position by a junior staff member--
albeit the superintendent?
Holding: The court held that the board unfairly abrogated Klein’s rights to continuing
contract status based on Minn. Stat. § 125.12.
Reasoning: The school board had the power and authority to choose its superintendent.
However, that power could not be employed to remove a senior administrator, regardless of
contract status, for a junior personnel member. It was completely within the power of the board
to restructure the principal’s position and status. That being said, when the court considered the
continuing contract status that Klein possessed pursuant to Minn. Stat. § 125.12, the matter was
quickly decided. The board had power to select its superintendent and restructure its
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