ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

statutes in Klein v. Board of Education (1993 Minn. App.), and violation of teacher tenure
statutes in Spurlock v. Board of Trustees (1985 Wyo.), Sanders v. Delton-Kellogg Schools (1996
Mich.), Holmes v. Board of Trustees of School District Nos. 4, 47, and 2, (1990 Mont.), and
Midlam v. Greenville City School District Board of Education (2005 Ohio App.).
While the cases where the employees prevailed did not offer any commonalities, the
cases where employees lost to the school did. Two distinct reasons for administrative failure on
tenure claims were clearly drawn from Table 57. First, administrators failed on tenure claims
because they simply did not possess tenure.
Table 60
Tenure Violations--No Tenure Protection
Case Year State Action PP
Taylor v. Berberian 1983 NY NR S
O’Dea v. School Dist. 1986 NY NR S
Housley v. North Panola Consol. School Dist., 1987 MS NR S
Hudson v. Wellston School Dist. 1990 MO T S
McManus v. Bd. of Educ. 1995 NY T S
Downing v. City of Lowell 2000 MA NR S
In Taylor v. Berberian, (1983 N.Y. Misc.), O’Dea v. School District (1986 N.Y. App.
Div.), Hudson v. Wellston School District (1990 Mo. App.), and McManus v. Board of Education
(1995 N.Y. App. Div.), administrators argued that their non-renewal or termination was illegal
due to their tenured status. However, in each case, the administrator was denied tenure due to the
amount of time spent in the district. Taylor and O’Dea were both non-renewed prior to earning
tenure. McManus was terminated without cause prior to earning tenure, and her time as “acting
principal” did not contribute to her effort to earn tenure. Hudson was terminated for violating
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