News in Brief

Appeals Court Backs Tenured Teacher Over Indiana Law Involving Layoffs

Article Tools
  • PrintPrinter-Friendly
  • EmailEmail Article
  • ReprintReprints
  • CommentsComments

A federal appeals court has ruled that a 2012 Indiana law curtailing the rights of tenured teachers during layoffs violates their rights under the contracts clause of the U.S. Constitution.

A three-judge panel unanimously upheld a lower court's decision in favor of Joseph R. Elliott, an elementary teacher with 14 years of tenure in the Madison Consolidated Schools, who was laid off that same year. In doing so, the district cited some negative comments about Elliott in evaluations going back as far as 2002, even though he had just received a positive evaluation. The district retained six nontenured teachers in positions that Elliott was licensed to teach.

In its Dec. 4 decision, the court said that under a 1927 state law and until the 2012 change, "Indiana teachers ... benefited from enforceable contractual rights when they became tenured," including job-security in a layoff. The panel did not rule out the possibility that tenure could be restricted for new teachers.

Vol. 37, Issue 15, Page 5

Published in Print: December 13, 2017, as Appeals Court Backs Tenured Teacher Over Indiana Law Involving Layoffs
Related Stories
Notice: We recently upgraded our comments. (Learn more here.) If you are logged in as a subscriber or registered user and already have a Display Name on edweek.org, you can post comments. If you do not already have a Display Name, please create one here.
Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.

Back to Top Back to Top

Most Popular Stories

Viewed

Emailed

Recommended

Commented