Law & Courts News in Brief

Appeals Court Backs Tenured Teacher Over Indiana Law Involving Layoffs

By Mark Walsh — December 12, 2017 1 min read

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.

A version of this article appeared in the December 13, 2017 edition of Education Week as Appeals Court Backs Tenured Teacher Over Indiana Law Involving Layoffs

Let us know what you think!

We’re looking for feedback on our new site to make sure we continue to provide you the best experience.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Future of Work Webinar
Digital Literacy Strategies to Promote Equity
Our new world has only increased our students’ dependence on technology. This makes digital literacy no longer a “nice to have” but a “need to have.” How do we ensure that every student can navigate
Content provided by Learning.com
Mathematics Online Summit Teaching Math in a Pandemic
Attend this online summit to ask questions about how COVID-19 has affected achievement, instruction, assessment, and engagement in math.
School & District Management Webinar Examining the Evidence: Catching Kids Up at a Distance
As districts, schools, and families navigate a new normal following the abrupt end of in-person schooling this spring, students’ learning opportunities vary enormously across the nation. Access to devices and broadband internet and a secure

EdWeek Top School Jobs

7796 - Director of EAL (K-12) - August '21
Dubai, UAE
GEMS Education
Great Oaks AmeriCorps Fellow August 2021 - June 2022
New York City, New York (US)
Great Oaks Charter Schools
Great Oaks AmeriCorps Fellow August 2021 - June 2022
New York City, New York (US)
Great Oaks Charter Schools

Read Next

Law & Courts Supreme Court Considers Issue of Damages That Comes Up in Many Suits Over School Policies
The justices weigh whether students still have a case for "nominal damages" when schools change a policy in response to a lawsuit.
6 min read
supreme court IMG
iStock/Getty
Law & Courts U.S. Supreme Court to Weigh Whether Schools May Discipline Students for Internet Speech
The justices will hear the appeal of a school district whose discipline of a student for her vulgar message on Snapchat was overturned.
5 min read
Law & Courts District's At-Large Elections Violated Minority Voting Rights, Federal Appeals Court Finds
The case involves school board elections in a majority Orthodox and Hasidic Jewish district with a large Black and Latino population.
3 min read
Image of people at voting booths.
LPETTET/E+
Law & Courts Federal Appeals Court Revives Teacher's Pay-Discrimination Case Over Starting Salary
The court weighed an administrator's alleged comment that the teacher's starting pay was less because her husband worked.
3 min read