ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Principal’s Performance Review (PPR). Based on these claims, Munoz sought to have her
termination revoked and be reinstated. The trial court denied in favor of the school board. This
appeal followed.
Issues: (1) Was a majority vote of the community school board required to terminate a
probationary principal’s contract? (2) Was the termination illegal if the superintendent did not
implement all components of the PPR plan?
Holding: The court held with the trial court on all counts.
Reasoning: First, Education Law § 2590 granted superintendents final say in all hiring
and termination procedures, so no majority vote was required. Second, Education Law § 2590-f
[1] [f] requires a superintendent to annually evaluate all principals. PPR is a program for
remediation prescribed by the state not statutorily required by the state.
App.).
Disposition: The ruling was affirmed.
Citation: Finch v. Fort Bend Independent School District, 333 F.3d 555, (2003 U.S.
Key Facts: Patsy Finch was a highly recruited principal. She was recruited away from the
Houston Independent School District in 1997 by Arthur Culver who was an area superintendent
of the Fort Bend Independent School District. Finch was hired as principal of Lake Olympia
Middle School and received outstanding evaluations from Culver at the conclusion of her first
year. Finch received a 2-year contract extension.
During her first year, Finch devised and presented a plan to have a school, contained
within the regular middle school, for older students who had failed. She was invited in
November 1998 to present her “school within a school” plan to the board by the district
190