ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

1995
Citation: McManus v. Board of Education, 212 A.D.2d 617; 622 N.Y.S.2d 333, (1995
N.Y. App. Div.).
Key Facts: Joan McManus was a probationary teacher who was elevated to the position
of “acting principal.” McManus was terminated without cause prior to the end of her teaching
probationary period.
Issues: (1) Did McManus’s time as “acting principal” entitle her to tenure status?
Holding: The court held that the board’s termination was not arbitrary or capricious.
Reasoning: “Jarema credit” can only be earned by a teacher under New York educational
code. Therefore, the credit that McManus earned during her period as principal was of no use to
her. She had not completed her probationary period any further and was thus able to be
terminated without cause.
App.).
Disposition: The Supreme Court of New York affirmed the judgment.
Citation: Perry v. Houston Independent School District, 902 S.W.2d 544, (1995 Tex.
Key Facts: Perry was reassigned from his elementary school principal position for failure
to report an alleged sexual assault that occurred in early June 1990. Perry’s new assignment was
as a “director” in the operations division. Perry’s pay was not reduced; in fact, he received a raise
the following year in his new capacity.
Issues: (1) Was summary judgment erroneously granted based on Perry’s claim of breach
of policy in regard to involuntary reassignments? (2) Were Perry’s due process rights
circumvented and was he deprived of liberty interests in his position? (3) Was Perry’s
reassignment a breach of his administrative contract?
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