ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Reasoning: Cortines acted legally in his procedures and powers as each step was in
accordance with Education Law § 2590-1. In order to maintain proper leadership, focus, and
balance in schools, the Chancellor may supersede the community school board in upholding the
educational process.
U.S. App.).
Disposition: The Supreme Court of New York affirmed the circuit court’s decision.
Citation: Peterson v. Minidoka County School District No. 331, 132 F.3d 1258, (1997
Key Facts: Frank Peterson had served as principal of Paul Elementary School for over 15
years with positive annual reviews and contract renewals. Peterson and his wife were practicing
Mormons and were contemplating homeschooling their 12 children in order to infuse religion in
the curriculum. Once this information was shared with his supervisors in January 1992, Peterson
came under a great deal of scrutiny.
In February of 1992, the board discussed the matter with Peterson and decided to
postpone his contract renewal until further information could be gathered. In May, the board met
and drafted a letter to determine Peterson’s intentions; his intentions, per the board, would
determine what capacity his contract would reflect for the coming school year. In essence, if
Peterson followed through with home schooling, he would return as a teacher. If he did not
persist, then he would return as an administrator. Peterson was asked to state his intentions
within 10 days receipt of the letter. Peterson’s response was no response. He explained that the
information was of a private and protected nature. Accordingly, the board offered Peterson a
teaching position on the grounds that he could not viably support the education of his home
schooled children and satisfactorily perform his duties as principal. Peterson declined and sought
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