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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Holding: The court held with the findings of the trial court noting that to accept the<br />

board’s interpretation of § 118.24(3) would render the obvious protections outlined in §<br />

118.24(6) as moot.<br />

Reasoning: The court decided to review the case because of the likelihood that “breach of<br />

contract claims” would ultimately arise again later. This was worth noting because at the time<br />

this case was heard the contracts disputed had expired, essentially making any decisions on<br />

reinstatement invalid. However, it was important for the court to address the misinterpretation of<br />

statutes that the board was arguing. One other argument the board offered was that River Falls<br />

had an established policy that made Kabes’s and Buchholz’s reassignment valid. This policy was<br />

outlined in the River Falls Personnel Practices for Leadership Management Team. In this<br />

document, the board reserved the right to reassign and assign personnel in the best interests of<br />

the district. This initiative, however, became invalid because it was not renewed at the end of the<br />

2001 school year--almost 9 months prior to Kabes and Buchholz reassignment.<br />

and Buchholz.<br />

Disposition: The court affirmed the trial court’s award of summary judgment for Kabes<br />

Citation: Hinckley v. School Board of Independent School District No. 2167, 678 N.W.2d<br />

485, (2004 Minn. App.).<br />

Key Facts: Hinckley served as an elementary school principal for 4 years. During her<br />

fifth year, the school district closed both the elementary and middle schools and consolidated all<br />

schools into one K-12 school building. Due to this realignment Hinckley was retitled a principal<br />

on special assignment for the remainder of the year. Hinckley was placed on an unrequested<br />

leave of absence prior to the 2003-2004 school year due to the termination of her position due to<br />

a reduction in force.<br />

197

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