ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

eassignment/reassignment of administrators. The appellate court, citing Kelso Sch. Dist. 453 v.
Howell (1980), explained that the law does not bar judicial review but rather it conditions the
nature of the review. Therefore, the trial court was incorrect in its assertion of
unconstitutionality.
The appellate court found that the overall nature of the head teacher position was
administrative, yet it was distinguished differently by requiring less arduous educational
certification, and the position involved no teacher evaluation responsibilities. Thus, the court did
not find for the respondents due to the discrepancy in necessary qualifications, but it did concede
the stark similarities in the role that the head teacher played.
Finally, in regard to the claim of inadequate notification, the appellate court ruled that,
while the superintendent’s notification was somewhat untimely, it was in keeping with RCW
28A.67.073. Respondents were clearly notified of their reassignment and reasons for doing so
(i.e., reduction in force was also included). Thus there was no violation of policy in regard to
reassignment notification.
Disposition: The judgment was reversed, and the board’s reassignments were reinstated.
Citation: Thrash v. The Board of Education, School District No. 189, 435 N.E.2D 866
(1982 Ill. App.).
Key Facts: Kelly Thrash was a tenured teacher in School District No. 189 who in 1975
accepted the position of administrative aide. He held this position until June of 1979 when he
began a school board approved sabbatical leave for the entire school year of 1979-1980. Upon
his return, he was “involuntarily” assigned a job teaching world geography. Thrash filed suit
against the board in January of 1981. The circuit court found in favor of the school board, and
this appeal followed.
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