Weston v. Independent School District No. 35 Cherokee County (2007)
From Judgepedia
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Justice Colbert concurred in the majority opinion of Justice Rudolph Hargrave. That opinion affirmed the trial judge's finding that the school district did not adequately demonstrate that a teacher deserved to have his employment terminated for instructional ineffectiveness and unsatisfactory teaching.
ISSUE:
In this case, the court framed the issue as whether the teacher was entitled to retain his tenured position despite allegations of ineffective performance by the local school board.
HOLDING:
The court found that a tenured teacher who the school board attempted to terminate for ineffective and unsatisfactory performance could not be terminated.
REASONING:
In arriving at that decision, the court reasoned as follows:
- (1) "Tenure status * * * demonstrates legislative intent to grant teachers substantive rights in their continued position * * *."
- (2) There was testimony on the teacher's behalf from a number of students and parents.
POTENTIAL FLAWS IN THE COURT'S REASONING:
- (1) Justice Steven W. Taylor dissented without opinion.
