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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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In each case, the review by the school system and or the court was not conducted in<br />

accordance with applicable statute or school policy. In Stafford v. Board of Education of Casey<br />

County (1982 Ky. App.), the school board failed to comply with its own policy when it sought to<br />

reassign Stafford from a high school principal position to a middle school principal position.<br />

Likewise, in Cooper v. Williamson County Board of Education (1987 Tenn.) and Ray v.<br />

Birmingham City Board of Education (1988 U.S. App.), the procedures carried out by the courts<br />

were not in keeping with statutes, which caused both to be remanded.<br />

The next category derived from Table 8 was the cases where the decision was split in part<br />

for the employee and in part for the school system.<br />

Table 10<br />

Prevailing Party--Split Decision<br />

Case Year State Action PP<br />

In the Matter of Waterloo Comm. School Dist. and Concerning<br />

Gowans<br />

1983 IA T SPLIT<br />

Osburn v. School Bd. 1984 FL R SPLIT<br />

Benson v. Bellevue School Dist. 1985 WA D SPLIT<br />

State ex rel. Haak v. Bd. of Educ. 1985 MN R SPLIT<br />

Sweeney v. Special School Dist. 1985 MN R SPLIT<br />

Spurlock v. Bd. of Trustees 1985 WY T SPLIT<br />

Summers v. Vermilion Parish School Bd. 1986 LA T SPLIT<br />

Botti v. Southwest Butler Co. School Dist. 1986 PA R SPLIT<br />

Hatcher v. Bd. of Pub. Educ. 1987 GA R SPLIT<br />

Ratliff v. Wellington Exempted Village Schools Bd. of Educ. 1987 OH NR SPLIT<br />

Rogers v. Kelly 1989 AR T SPLIT<br />

State ex rel. Smith v. Etheridge 1992 OH R SPLIT<br />

Carrillo v. Rostro 1992 NM NR SPLIT<br />

Peterson v. Minidoka Co. School Dist. 1997 ID T SPLIT<br />

Black v. Columbus Pub. Schools 2000 OH R SPLIT<br />

Midlam v. Greenville City School Dist. Bd. of Educ. 2005 OH NR SPLIT<br />

Christensen v. Kingston School Comm. 2005 MA T SPLIT<br />

Everson v. Bd. of Educ. of the School Dist. of Highland Park 2005 MI T SPLIT<br />

Herbert v. City of New York 2010 NY D SPLIT<br />

301

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