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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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County School District (2004 Ga. App.), and Tazewell County School Board v. Brown (2004<br />

Va.), administrators failed to follow proper protocol in requesting hearings, which nullified their<br />

due process claims.<br />

Adverse employment actions by state. Tables 13-16 represent the states where adverse<br />

employment actions against school administrators have been litigated. Out of 50 states, 36 have<br />

been asked to resolve at least one of these matters. Of the states identified, 20 had litigated<br />

between one to three cases. Those states were (number of adverse action cases litigated from<br />

1981-2010): Colorado (1), Delaware (1), Idaho (1), New Hampshire (1), South Dakota (1),<br />

Virginia (1), Vermont (1), Wyoming (1), Arkansas (2), Connecticut (2), Iowa (2), Montana (2),<br />

Tennessee (2), Texas (2), Washington (2), Indiana (3), Michigan (3), New Mexico (3), and South<br />

Carolina (3). Of the 36 states represented in the sampling, 13 had litigated between 4 to 6 cases.<br />

Those states were (number of adverse action cases litigated from 1981-2010): Alabama (4),<br />

Kansas (4), Louisiana (4), Massachusetts (4), Ohio (4), Wisconsin (4), West Virginia (4),<br />

California (5), Florida (5), Illinois (5), Missouri (5), Georgia (6), and Mississippi (6). Three<br />

states had litigated almost 25% of the adverse employment action cases reviewed in this research<br />

study. Those states were (number of adverse action cases litigated from 1981-2010): Minnesota<br />

(7), Pennsylvania (11), and New York (12).<br />

309

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