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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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The most revealing aspects of Table 13 come from the three states where the most cases<br />

were derived. In Minnesota there were seven cases from the 30-year window.<br />

Table 14<br />

State Count--Minnesota<br />

Case Year State Action PP<br />

McManus v. Ind. School Dist. No. 625 1982 MN R E<br />

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

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

Mohn v. Ind. School Dist. 1987 MN R S<br />

Klein v. Bd. of Educ. 1993 MN R E<br />

State ex rel. Quiring v. Bd. of Educ. 2001 MN R S<br />

Hinckley v. School Bd. of Ind. School Dist. 2004 MN T S<br />

Every single case dealt with reduction in force. Minnesota is one of 22 states that bases reduction<br />

in force solely on seniority. Because of this, administrators who were terminated or reassigned<br />

have very often challenged these decisions and been successful, at least in part, four times. In the<br />

instances where they were successful, the school system was deemed to have based job<br />

reassignment and termination on performance rather than seniority. Moreover, through the case<br />

briefing process it became clear to the researcher that Minnesota school systems had shifted from<br />

being made up of smaller school systems with more schools to larger school systems with fewer<br />

schools. This was evidenced by the number of adverse employment action cases stemming from<br />

district realignment and reduction in force periods that occurred from 1981-2010.<br />

Pennsylvania deliberated 11 cases of adverse employment actions against school<br />

administrators from 1981-2010.<br />

313

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