ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Holding: The court held that Downing was in fact a contractual employee thereby
dismissing his due process claims and that his effort to construe the privileges of a tenured
teacher to extending to an administrator was ill-founded and without merit.
Reasoning: The Education Reform Act of 1993 and specifically G.L. c. 71, § 43 of the act
established that school administrators could enter into contracts varying in length from 1 to 3
years that entitled the administrator to two procedural safeguards. One, administrators could only
be terminated for cause that triggered due process rights. Two, administrators had to be notified
of non-renewal 60 days prior to their current contract’s expiration date in which an administrator
had no due process rights. The Education Reform Act became effective in June 1993, and it
provided no “grandfathering” privileges. Therefore, Downing’s most recent contract (1994) was
subject to the provisions of the act.
As to Downing’s claim that his non-renewal was a cloaked termination, the court ruled
that the method by which the superintendent proceeded was sloppy, but valid, and in no way a
violation of authority. Finally, Downing’s claims that teacher tenure privileges “should” extend
to administrators and his argument referencing McCartin v. School Comm. of Lowell (1948)
presented some validity. However, G.L. c. 71, § 41 specifically excluded administrators from the
list of employees who were eligible for tenure.
Disposition: The Superior Court decision was affirmed.
Citation: Hinson v. Clinch County Board of Education, 231 F.3d 821, (2000 U.S. App.).
Key Facts: Hinson was a Clinch County native who had worked up through the ranks of
the Clinch County School System and had served as the principal of Clinch County 4 years prior
to this legal entanglement. Hinson had a checkered relationship with members of the board, in
specific Henry Moylan, Allen Kennedy, and Jimmy McMillan. Moylan would go on to become
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