ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 63
Breach of Contract--Position Change
Case Year State Action PP
Thrash v .Bd. of Educ. School Dist. No. 189 1982 IL R S
Barr v. Bd. of Trustees 1995 SC T S
Heutzenroeder v. Mesa Co. Valley School Dist. 2010 CO T S
In Thrash v. The Board of Education, School District No. 189 (1982 Ill. App.), Thrash
argued that he should have been returned to his administrative aid position following a
sabbatical. However, he was returned to the position on his contract, teacher. Moreover, Barr
argued that she held a property interest in maintaining her current job position for the life of her
contract in Barr v. Board of Trustees (1995 S.C. App.).
Property interests are conferred by statutory tenure provisions, not contracts. Like Barr,
Heutzenroeder incorrectly contended that her contract provided her with rights to a job position,
in Heutzenroeder v. Mesa County Valley School District 51 (2010 U.S. App.). Her contract
entitled her to a specific salary and fringe benefits, not a specific position.
The next area of breach claims centered on procedural issues that were improperly
handled during the employment action. Most of these claims also classified as due process
violations.
Table 64
Breach of Contract--Procedural Irregularities
Case Year State Action PP
Botti v. Southwest Butler Co. School Dist. 1986 PA R SPLIT
Chambers v. Central School Dist. School Bd. 1987 IN T S
Kelly v. Bd. of Educ. 1988 IL R E
Sanders v. Delton-Kellogg Schools 1996 MI R E
Everson v. Bd. of Educ. of the School Dist. of Highland Park 2005 MI T SPLIT
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