ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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development to support struggling school administrators in successfully carrying out their functions. Support Models for Struggling School Administrators Through the major studies of Davis (1997, 1998) and Sacken (1994, 1996), other themes in the literature relating to adverse employment action surfaced. Professional development and/or support models for struggling school administrators was one such theme. Professional development has been a wildly important facet of school operations over the last 20 years. It, like many things, has suffered during the economic hardships in the country as of late. However, many areas have been identified as the “key ingredient” to empowering a school administrator to becoming a visionary leader, or transformational leader, or any other hallowed type of leader. Through professional training, school administrators are able to glean the missing component of their administrative game and become more adept as an administrator. Ironic, but not surprising, is that little to no attention has been paid to professional development and support models for administrators who are missing more than just the one “key ingredient.” To paraphrase Mark Twain, we all love to complain about the weather, but none of us do anything about it (as cited in Connelly, 2011, 1). The dearth of literature on professional development is overwhelming, but, like the literature on the subject of adverse employment actions against school administrators, it is incomplete. Raisch and Rogus (1995) impart that it “is almost void of a focus on the troubled or marginal principal, although it is replete with hints for helping teachers who are experiencing severe problems” (p. 12). To theorize as to why this is would inevitably lead to economics. Administrators are more easily dismissed than a teacher; therefore, investing substantial funding 23
in improving poor administrators is not as fiscally prudent as replacing the administrator. Furthermore, White (2001) explains that the “process of working with staff day in and day out to effect change is time-consuming. Performance improvement seldom comes quickly and often takes a great deal of dedication and commitment from all parties” (2001). Time and money are essential components to support models for struggling school administrators, but they are not the only components. The success of a mentoring program for struggling school administrators is dependent upon the superintendent openly and vocally supporting such a program (Raisch & Rogus, 1995). Raisch and Rogus (1995) indicated that while unwavering support is necessary of the superintendent, he/she only has two jobs in the process. One, he/she must appoint an administrative mentor who has experience, authority, and the respect of the greater educational community that is served. Two, the superintendent needs to work alongside this mentor to develop an induction program that helps to remediate some issues prior to administrative placement and develop a positive relationship between centralized personnel and site-based personnel. The model for support that holds the most traction in the literature is that of mentoring. Daresh (2004) pointed out that mentoring has been seen as a “panacea” of sorts in relieving many of the missing components of administrative preparation programs. Frame and Frame (1998) echoed the same sentiments as they explained that while professionals enter the workforce with basic standards for certification they are missing the context for application. Moreover, in Daresh’s (2004) study of mentoring programs for novice school administrators, five benefits were widely identified by participants. First, mentees gain confidence from the experience and feel surer of their ability to succeed. Second, novice administrators more quickly 24
Page 1 and 2: ADVERSE EMPLOYMENT ACTIONS AND PUBL
Page 3 and 4: ABSTRACT The purpose of this resear
Page 5 and 6: Finally, I can never express my app
Page 7 and 8: III METHODOLOGY ...................
Page 9 and 10: V SUMMARY, CONCLUSIONS, AND RECOMME
Page 11 and 12: 21 District Realignment with Litiga
Page 13 and 14: LIST OF FIGURES 1 Creswell’s Data
Page 15 and 16: Since 1981, there have been no less
Page 17 and 18: Research Questions The research que
Page 19 and 20: Affirm: (1) to assert as true or fa
Page 21 and 22: Estoppel: (1) a bar to the use of c
Page 23 and 24: Transfer: (1) a conveyance of a rig
Page 25 and 26: Catchings-Owens, 2000; Harris, 2011
Page 27 and 28: administrators very often feel that
Page 29 and 30: number of other incendiary titles.
Page 31 and 32: significantly beyond those of teach
Page 33 and 34: Much like his previous category, Sa
Page 35: indicative of future administrative
Page 39 and 40: acknowledge those meetings as notic
Page 41 and 42: primary cause for adverse actions w
Page 43 and 44: school administrators (Davis, 1998;
Page 45 and 46: 4. What principles to guide the pra
Page 47 and 48: ever emp ploys them. This T alterat
Page 49 and 50: First, the researcher collects data
Page 51 and 52: Summary In summary, this chapter pr
Page 53 and 54: was not maintained at the level tha
Page 55 and 56: Dr. Burger and the board to which M
Page 57 and 58: eassignment/reassignment of adminis
Page 59 and 60: Holding: The court held that § 125
Page 61 and 62: Because the finding was affirmed, t
Page 63 and 64: Key Facts: Forrest E. Stafford was
Page 65 and 66: Key Facts: Joseph Lyznicki was prin
Page 67 and 68: Citation: Totten v. Board of Educat
Page 69 and 70: performance and withholding the rai
Page 71 and 72: Citation: Rossi v. Board of Educati
Page 73 and 74: extra time and wages during the lit
Page 75 and 76: Holding: The court held that Taylor
Page 77 and 78: presented. In the case of Ledew, it
Page 79 and 80: SDCL 15-6-52(a) provides the court
Page 81 and 82: Issues: (1) Did the board illegally
Page 83 and 84: his current or former position. Osb
Page 85 and 86: middle school and Grade 9 up to hig
Page 87 and 88:
Reasoning: The board empowered the
Page 89 and 90:
and torture” the Harvey’s. This
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similar position assuming that all
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Key Facts: During the 1981-1982 sch
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Disposition: The trial court’s ru
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Key Facts: Benson was the principal
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Finally, the cross claim from the d
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Foster for each month that he worke
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Roughly two weeks later and after a
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the composite evidence that all ind
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halted Bill’s speech at this poin
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Disposition: The district court rul
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Following the 1981-1982 school year
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Reasoning: The court theorized that
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state board of education. Based on
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non-renewal for cause was valid. Th
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earing on his non-renewal. Second,
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The board further maintained that W
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As to the award of back pay, the bo
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documentation of Finance Director M
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proper hearing was conducted he wou
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Teachers move to principalships whe
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senior high school and Gilbert assu
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Daury put a student in a strangleho
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school board president, received re
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to numerous schools as principal an
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The district court found that Roger
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(3) Was there sufficient evidence t
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Reasoning: The court reasoned that
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Issues: (1) Did Preston Pierce have
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tenured teacher and assume a teachi
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Holding: The Missouri Court of Appe
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employee. Fifth, written notice of
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1992 Citation: Carrillo v. Rostro,
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expecting, Terry openly admonished
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Smith filed in the court of appeals
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R.C. 3319.02 did not require boards
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Issues: (1) Despite the sheer bread
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for rehearing. Holding: The court h
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current contract. Her contention wa
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Citation: McCormack v. Maplewood-Ri
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Finally, McCormack accused M-RHSD w
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5451. If administrators were provid
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employment elsewhere to no avail. I
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Key Facts: Knox, principal of Wingf
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1998 Citation: Caston School Corpor
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The search was in direct violation
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School divided into two separate bu
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day with recess and lunch duty. She
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funds. Bradshaw would later issue t
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Holding: The court held that Downin
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only board members present with Moy
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noted that none of these reasons ha
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American, prior to Black’s reassi
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questions or concerns regarding sex
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The board vested the responsibiliti
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policymaker. The court further gran
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On April 26, 1999, Graham filed a g
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Principal’s Performance Review (P
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Issues: (1) Did the school district
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way evidentially rebutted the asser
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placed in Brown’s personnel file,
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Hinckley argued that she was a more
Page 213 and 214:
Oliver sued for over $230,000 in co
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for cause to have been correct and
Page 217 and 218:
In August, Lassiter met with Sawyer
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Everson relied on the point that sh
Page 221 and 222:
Reasoning: First, it is of importan
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Reasoning: First, R.C. 3319.11(B) r
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school computer during school hours
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no evidence greater than hearsay. M
Page 229 and 230:
Issues: (1) Did Patten suffer from
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Reasoning: The board did terminate
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clique because of her race. The dis
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Specifically, the court noted that
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improved the rating to letter C. Ho
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D’Angelo’s associational claim
Page 241 and 242:
Next, Sanders argued that she had b
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Issues: (1) Did Fiero suffer First
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Holding: The court held that Moore
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The first incident occurred in a cl
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oard elected to reassign Herrera to
Page 251 and 252:
Key Facts: In December of 2001, Her
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In February 2006, Gepford visited M
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current case had to be strikingly s
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also. Following the enactment of th
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2010 Citation: McFerren v. Farrell
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Third, the court deduced that McFer
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during the 2006-2007 school year he
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Family Medical Leave Act (FMLA). De
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actions regarding financial matters
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manager. In December 2006, Soroka c
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y sufficient evidence, and that Cor
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they placed Heutzenroeder on perfor
Page 275 and 276:
further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
Page 281 and 282:
The latter event was of a more seri
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action because Herbert suffered a
Page 285 and 286:
quantitative breakdown of the infor
Page 287 and 288:
Case Year State Action PP Litigativ
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Case Year State Action PP Desoto Co
Page 301 and 302:
Case Year State Action PP Brandt v.
Page 303 and 304:
Of the five cases, two common threa
Page 305 and 306:
Case Year State Action PP Martinek
Page 307 and 308:
each of these cases, the school sys
Page 309 and 310:
eassignment cases were tied to empl
Page 311 and 312:
Case Year State Action PP Patten v.
Page 313 and 314:
Case Year State Action PP Sweeney v
Page 315 and 316:
Administrators in 7 of the 19 cases
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Table 11 Prevailing Party--Employee
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Table 12 Prevailing Party--School C
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documentation of employee actions s
Page 323 and 324:
Table 13 State Count Master Case Ye
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Case Year State Action PP O’Dea v
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Table 15 State Count--Pennsylvania
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argument failed because New York on
Page 331 and 332:
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In Williams v. Seattle School Distr
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had employed the administrator with
Page 337 and 338:
Three other cases were split in par
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Table 22 District Realignment--Sala
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Table 24 Constructive Discharges wi
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Table 26 Constructive Discharges--I
Page 345 and 346:
Page 347 and 348:
In Reed v. Rolla 31 Public School D
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Page 351 and 352:
Page 353 and 354:
Page 355 and 356:
eceived numerous warnings over exte
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physical altercation with a student
Page 359 and 360:
Table 34 Failed Leadership--Insubor
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Table 35 Failed Leadership--Incompe
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falsification of documents (2), per
Page 365 and 366:
Page 367 and 368:
Outlandish behaviors--physical alte
Page 369 and 370:
Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
Page 373 and 374:
Page 375 and 376:
This category reiterated the middle
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intelligence. However, dissent over
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Two cases displayed strife between
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skills are of the utmost importance
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Table 47 Upstanding Behavior--Schoo
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Page 387 and 388:
Page 389 and 390:
As it was noted before, five issues
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It was explained earlier that the o
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administrators violated due process
Page 395 and 396:
In Snipes v. McAndrew, (1984 S.C.),
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speech is not protected by the Firs
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In Lewis v. Harrison School Distric
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statutes in Klein v. Board of Educa
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eassigned, which was allowed per th
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Botti claimed that he was never pro
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CHAPTER V SUMMARY, CONCLUSIONS, AND
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had been either incorrectly carried
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First, in racial discrimination cla
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Fourth, insubordination was the nex
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have to be an act; it could simply
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failure to inform administrators in
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Outcomes--Identifying Information 2
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Outlandish behavior. Of the 18 outl
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There was a case upswing beginning
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present in these cases with demotio
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supposed insulated speech. The adve
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4. An administrator who possesses t
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17. District-level administrators f
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29. A district/board’s proffered
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Second, Sacken (1996) and Davis (19
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REFERENCES Cambron-McCabe, N. H., M
Page 445:
Price, H. (2010). Does No Child Lef
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