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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Case Year State Action PP Litigative Claim<br />

State ex rel. Smith v.<br />

Etheridge<br />

1992 OH R SPLIT This case was fraught with claims that were consolidated from numerous cases<br />

following a district realignment. The basis of the argument was that the district<br />

illegally conducted a reduction in force by reassigning and non-renewing over<br />

fifty administrators. Smith’s case stood out from the rest because he argued that<br />

his actual job was not what was recorded on his “written” contract thereby<br />

barring him from reassignment.<br />

Carrillo v. Rostro 1992 NM NR SPLIT Carrillo claimed that her contract was non-renewed because of her interpersonal<br />

demeanor during a speech she made at a board meeting which violated her First<br />

Amendment rights.<br />

Klein v. Bd. of Educ. 1993 MN R E Klein claimed that his administrative tenure protections were violated when he<br />

was reassigned to a teaching position due to a reduction in force following<br />

district realignment.<br />

Bd. of Educ. v. Van Kast 1993 IL R E Van Kast argued that his reassignment to a district level position for his failed<br />

leadership in negligently maintaining financial records and processes was invalid<br />

because the board had insufficient evidence to prove that the behavior was<br />

irremediable.<br />

McManus v. Bd. of Educ. 1995 NY T S McManus argued that her time spent as “acting principal” went towards her<br />

probationary period to earn teacher tenure.<br />

Barr v. Bd. of Trustees 1995 SC T S Barr argued that her reassignment to a principal position from the district office<br />

was a demotion as well as a constructive discharge and that her final termination<br />

Perry v. Houston Ind.<br />

School Dist.<br />

violated her tenured status and breached her administrative contract.<br />

1995 TX R S Perry claimed that his reassignment to a district level position for his failure to<br />

report the sexual assault of a student was improper because he was not provided<br />

with a job description for his new assignment denying him due process and<br />

abridging his property and liberty interests.<br />

Brown v. Bd. of Educ. 1996 KS NR S Brown claimed that her non-renewal for failed leadership and interpersonal strife<br />

was invalid because she was denied due process when her hearing was<br />

Sanders v. Delton-Kellogg<br />

Schools<br />

conducted inappropriately.<br />

1996 MI R E Sanders contended that her reassignment was a non-renewal of her<br />

administrative contract and that she had not been provided with the complete due<br />

process bases on her tenured status and the grounds of her contract.<br />

(table continues)<br />

279

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