DJ> MS> The state supreme court ruled that nothing he had done was
DJ> MS> bad enough to justify firing him.
DJ>
DJ> I'm not a lawyer, but I thought the supreme court review the
DJ> procuedure and constitutionality of the case, not the merits.
The courts not only decide if the school system trying to fire a tenured
teacher has observed correct procedure, they also (in this state) interpret
the tenure law's standards as to just how bad a tenured teacher must be in
order for a firing to be sustained. Appellate cases here show this is a
consistent issue in court appeals. In the top case on tenure here (Thompson
vs. Bd. of Ed.), the entire court opinion is devoted to the issue of "is the
teacher bad enough", not to was he given adequate hearings.
DJ> Sounds like there were bad lawyers as well as administrators.
If bad lawyering was the problem, it would not have pervaded all the
state's appellate cases on tenure. It also would not account for why in the
definitive case (Thompson vs. Bd. of Ed.) the trial and intermediate courts
sustained the firing, while the supreme court said the teacher involved was
not bad enough to fire.
--- Simplex BBS (v1.07.00Beta [DOS])
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* Origin: NighthawkBBS, Burlington NC 910-228-7002 HST Dual (1:3644/6)
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