Fullerton v. Southside School Dist., 80-311
| Decision Date | 13 April 1981 |
| Docket Number | No. 80-311,80-311 |
| Citation | 272 Ark. 288,613 S.W.2d 827 |
| Parties | James FULLERTON, Appellant, v. SOUTHSIDE SCHOOL DISTRICT et al., Appellees. |
| Court | Arkansas Supreme Court |
Jim Burnett, Clinton, for appellant.
Carter & Woods, Little Rock, for appellees.
The Teacher Fair Dismissal Act of 1979 specifies certain steps that must be taken before a school district can refuse to renew the contract of a teacher who has been employed by the district for three successive years or more. Ark.Stat.Ann. § 80-1264 et seq. (Repl.1980). In the spring of 1980 the Southside School District refused to renew the appellant's teaching contract. The circuit court upheld the district's decision. This appeal, in which Fullerton argues that the statute and the district's own rules were not complied with, comes to us under Rule 29(1)(c).
In March, 1980, Superintendent Griffith notified Fullerton that his contract had been renewed. Patrons of the district, however, appeared at the next meeting of the school board and presented a petition opposing the renewal of the contract. The superintendent sent Fullerton a copy of the petition and informed him that the renewal was being reconsidered. Fullerton requested an executive (closed) meeting with the board, which was arranged. At that meeting the board members questioned Fullerton and with his consent adjourned the meeting to a later date so that statements could be obtained from the protesting patrons.
At the adjourned meeting the statements were presented to Fullerton, who was given an opportunity to respond to them. Neither side requested that the proceedings be recorded. § 80-1264.8(d). A week later the board met, decided not to renew Fullerton's contract, and notified him of that decision. After Fullerton's request for an additional hearing had been denied he appealed to the circuit court. § 80-1264.9.
The statute provides that a teacher's contract will be renewed unless the teacher "is notified by the school superintendent that the superintendent is recommending that the teacher's contract not be renewed." § 80-1264.3. In this instance no such recommendation was made by the superintendent. Fullerton argues that the omission was fatal, because the statute contemplates "that the initial decision to dismiss must be a professional decision rather than a political decision."
We do not so construe the statute. The sole power to terminate a teacher's contract is vested in the district's board of...
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Head v. Caddo Hills School Dist. No. 8, 82-165
...Ark. 89, 618 S.W.2d 148 (1981); McElroy v. Jasper School District, 273 Ark. 143, 617 S.W.2d 356 (1981); Fullerton v. Southside School District, 272 Ark. 288, 613 S.W.2d 827 (1981). Nearly all of them have presented us with different questions, and required a decision interpreting this new A......
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Rogers v. Masem, 84-2425
...own factual findings suggest the letter of termination was exactly what the letter said it was.5 In Fullerton v. Southside School District, 272 Ark. 288, 291, 613 S.W.2d 827, 829 (1981), the court implied that where "prejudice * * * [could be] shown to have resulted from any want of strict ......
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Thompkins v. Stuttgart School Dist. No. 22, 87-1500
...resulted from a want of strict compliance. Id.; Big Flat, 280 Ark. at 378, 658 S.W.2d at 390; Fullerton v. Southside School Dist., 272 Ark. 288, 290-91, 613 S.W.2d 827, 829 (1981). As we have seen, the notice and hearing requirements for the termination and nonrenewal of non-probationary te......
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Rogers v. Masem, 84-2425
...own factual findings suggest the letter of termination was exactly what the letter said it was.5 In Fullerton v. Southside School District, 272 Ark. 288, 291, 613 S.W.2d 827, 829 (1981), the court implied that where "prejudice * * * [could be] shown to have resulted from any want of strict ......