ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Botti claimed that he was never provided with a demotion hearing, which was what he
argued his reassignment was, in Botti v. Southwest Butler County School District (1986 Pa.
Commw.). Chambers claimed that the notification he received that his “indefinite contract” was
going to be terminated did not apply to his definite contract in Chambers v. Central School
District School Board (1987 Ind. App.). This argument was ill-founded as the two contracts are
symbiotic. Termination of the indefinite contract most assuredly meant termination of the
definite contract also. Moreover, in Kelly v. Board of Education (1988 Ill. App.), Kelly and
Harvey both argued that they were never provided with reasons for their original transfer from
traditional administrator roles to itinerant administrator positions. In Sanders v. Delton-Kellogg
Schools (1996 Mich.), Sanders proved that she was not provided with a pre-employment action
hearing as stipulated by her contract when she was reassigned to a teaching position. Everson
claimed breach of contact for a mid-term termination without cause in Everson v. Board of
Education of the School District of Highland Park (2005 U.S. App.). As can be seen in Table 63,
administrators were quite successful in this area of litigation.
Table 65
The next cause for breach of contract claimed by administrators was evident in two cases.
Breach of Contract--Employment Action Executor
Case Year State Action PP
Foster v. Bd. of Elem. and Sec. Educ. 1985 LA R E
Munoz v. Vega 2003 NY T S
In both cases, the administrator claimed that the party executing their employment action
was not vested with the power to do so. Foster argued that his reassignment was not legal
398