ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Holding: The court held that the appellate court erred in its ruling as Bell failed to prove that specific tenure areas existed. Reasoning: Bell bore the burden of proof in this argument; he had to show that the board intentionally created separate tenure areas. Bell argued that nomenclature employed in his tenure appointment as well as noted benefits he asserted in so doing were sufficient evidence to support his argument. The court disagreed. While the court was careful to point out that it did not want to curtail a board’s ability to create separate tenure areas if it so wished, a board could not be held hostage by the choice of words used in a board meeting. Misc.). Disposition: The court ordered the ruling of the district court reversed. Citation: Cowan v. Board of Education, 99 A.D.2d 831; 472 N.Y.S.2d 429, (1984 N.Y. Key Facts: Cowan was reassigned from his position of elementary school principal to assistant director of special education at the elementary level due to district realignment. Cowan had earned tenure as an elementary school principal prior to his move, but was required to begin a new 3-year probationary period in his new capacity. During this time, Cowan was made aware that he was placed on a preferred list to assume the position of principal at the next possible opening. When an opening arose, the superintendent explained to Cowan that he intended to direct the board to offer Cowan a contract that conferred on him the title of “elementary principal on special assignment servicing special education at the elementary level.” This new position would also return Cowan to his appropriate tenure area. However, Cowan would still report to the director of special education. His role, according to the director of special education, did not change at all following his contractual return to his tenure area. 67
Issues: (1) Did the board illegally employ Cowan to perform duties and uphold responsibilities outside his realm of certification and tenure? (2) Was the board bound to return Cowan to his previous elementary principal tenure position? Holding: The court held that the board wrongly deemed the functions and responsibilities of Cowan’s two positions as similar. Reasoning: The court made clear in Coates v. Ambach that if an administrator’s daily job requirements become different 50% of the time then the administrator has entered a new tenure area. Clearly, Cowan’s role as assistant special education director was a break from his previous tenure area as he was required to begin a new probationary period when he assumed the job. Moreover, because his responsibilities are now different, he is illegally performing in a different tenure area. He only possessed certification in his previous tenure area. Disposition: The court ordered Cowan restored to his position of elementary school principal upon first vacancy. Citation: Appeal of Bernard E. Cowden etc. Moon Area School District, 87 Pa. Commw. 165; 486 A.2d 1014, (1984 Pa. Commw.). Key Facts: Due to a reduction in force, the Moon School District chose to close an elementary school. Due to this realignment, one of the principals had to be reassigned to a teaching position. The district chose Bernard Cowden based on his previous professional evaluation, as he scored lower than all of his administrative counterparts. Cowden requested a hearing where he referenced § 1125.1(c) of the Public School Code, which stipulated that staff realignment be based solely on seniority. Had the board applied that point of code, Cowden would not have been reassigned to a teaching position as he held seniority over at least of one of the administrators retained. Thus, the board then chose to list his change in position as a 68
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ADVERSE EMPLOYMENT ACTIONS AND PUBL
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ABSTRACT The purpose of this resear
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Finally, I can never express my app
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III METHODOLOGY ...................
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V SUMMARY, CONCLUSIONS, AND RECOMME
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21 District Realignment with Litiga
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LIST OF FIGURES 1 Creswell’s Data
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Since 1981, there have been no less
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Research Questions The research que
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Affirm: (1) to assert as true or fa
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Estoppel: (1) a bar to the use of c
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Transfer: (1) a conveyance of a rig
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Catchings-Owens, 2000; Harris, 2011
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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 and 36: indicative of future administrative
Page 37 and 38: in improving poor administrators is
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: SDCL 15-6-52(a) provides the court
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
Page 91 and 92: similar position assuming that all
Page 93 and 94: Key Facts: During the 1981-1982 sch
Page 95 and 96: Disposition: The trial court’s ru
Page 97 and 98: Key Facts: Benson was the principal
Page 99 and 100: Finally, the cross claim from the d
Page 101 and 102: Foster for each month that he worke
Page 103 and 104: Roughly two weeks later and after a
Page 105 and 106: the composite evidence that all ind
Page 107 and 108: halted Bill’s speech at this poin
Page 109 and 110: Disposition: The district court rul
Page 111 and 112: Following the 1981-1982 school year
Page 113 and 114: Reasoning: The court theorized that
Page 115 and 116: state board of education. Based on
Page 117 and 118: non-renewal for cause was valid. Th
Page 119 and 120: earing on his non-renewal. Second,
Page 121 and 122: The board further maintained that W
Page 123 and 124: As to the award of back pay, the bo
Page 125 and 126: documentation of Finance Director M
Page 127 and 128: proper hearing was conducted he wou
Page 129 and 130: 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
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Oliver sued for over $230,000 in co
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for cause to have been correct and
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In August, Lassiter met with Sawyer
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Everson relied on the point that sh
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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
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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
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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
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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
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further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
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The latter event was of a more seri
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action because Herbert suffered a
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quantitative breakdown of the infor
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Case Year State Action PP Litigativ
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Case Year State Action PP Desoto Co
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Case Year State Action PP Brandt v.
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Of the five cases, two common threa
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Case Year State Action PP Martinek
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each of these cases, the school sys
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eassignment cases were tied to empl
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Case Year State Action PP Patten v.
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Case Year State Action PP Sweeney v
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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
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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
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In Williams v. Seattle School Distr
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had employed the administrator with
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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
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In Reed v. Rolla 31 Public School D
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eceived numerous warnings over exte
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physical altercation with a student
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Table 34 Failed Leadership--Insubor
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Table 35 Failed Leadership--Incompe
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falsification of documents (2), per
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Outlandish behaviors--physical alte
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Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
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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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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
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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
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Price, H. (2010). Does No Child Lef
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