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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. Haak<br />

v. Bd. of Educ.<br />

Sweeney v.<br />

Special School<br />

Dist.<br />

Abington School<br />

Dist. v. Pacropis<br />

Mohn v. Ind.<br />

School Dist.<br />

Hatcher v. Bd. of<br />

Pub. Educ.<br />

1985 MN R SPLIT Haak et al. were reassigned during a reduction in<br />

force. They claimed that they were entitled to<br />

reinstatement to new administrative positions<br />

318<br />

following district realignment.<br />

1985 MN R SPLIT Sweeney et al. claimed that their reassignments due<br />

to reduction in force were invalid because of the<br />

board violated their due process rights during<br />

district realignment.<br />

1986 PA R E Pacropis argued that his reassignment to a teaching<br />

position and the district’s employment of an<br />

assistant principal with less experience was a<br />

violation of reduction in force policy during district<br />

realignment.<br />

1987 MN R S Mohn contended that the district improperly<br />

reassigned him to a teaching position because<br />

elementary administrators were not included in the<br />

district realignment during a reduction in force.<br />

1987 GA R SPLIT Hatcher was reassigned to a librarian position due<br />

to a reduction in force and district realignment.<br />

Hatcher argued that her First Amendment rights<br />

were violated because she was denied vacant<br />

administrative jobs for attending rallies to keep her<br />

school open.<br />

Daury v. Smith 1988 MA R S Daury claimed Ninth and Fourteenth Amendments<br />

retaliation violations for his reassignment during a<br />

reduction in force and district realignment due to<br />

his need for psychiatric counseling following<br />

numerous incidents of mental instability one of<br />

which included placing a student in a stranglehold.<br />

Pierce v. Engle 1989 KS NR S The Pierces were a husband-wife combination that<br />

worked for the school district; both argued that<br />

their non-renewals during a reduction in force<br />

violated their due process safeguards and was based<br />

on discrimination against Mr. Pierce as recovering<br />

Holmes v. Bd. of<br />

Trustees of<br />

School Dist.<br />

State ex rel. Smith<br />

v. Etheridge<br />

alcoholic.<br />

1990 MT T E Holmes alleged violations of his teacher tenure<br />

protections during a reduction in force when the<br />

board retracted an offer to “bump” a less senior<br />

employee because Holmes did not have<br />

certification documentation in his possession.<br />

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

consolidated from numerous cases following a<br />

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

that the district illegally conducted a reduction in<br />

force by reassigning and non-renewing over fifty<br />

administrators. Smith’s case stood out from the rest<br />

because he argued that his actual job was not what<br />

was recorded on his “written” contract thereby<br />

barring him from reassignment.<br />

(table continues)

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