PENNY PARKER V. MIKE LOWERY, ETC., ET. AL. AND SONYA LYNN, ETC. V. MIKE LOWERY, ETC., ET. AL. - Articles

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Posted by: Tanja Trezise on Apr 26, 2013

Court: TN Court of Appeals

Attorneys 1:

Kevin W. Shepherd, Maryville, Tennessee, for the appellants, Penny Parker and Sonya Lynn, individually and in her professional capacity as a member of the Monroe County Board of Education.

Attorneys 2:

Arthur F. Knight, III and Jonathan Swann Taylor, Knoxville, Tennessee, for the appellees, Mike Lowery, in his individual and professional capacity as the Director of Schools, and the Monroe County Board of Education.

Kenneth S. Williams, Cookeville, Tennessee, for the appellees, Mike Lowery, in his individual and professional capacity as the Director of Schools; Larry Stein, in his professional capacity as Chairman of the Monroe County Board of Education; and the Monroe County Board of Education.

Charles W. Cagle and Angela C. Sanders, Nashville, Tennessee, for the Amicus Curiae, Tennessee Organization of School Superintendents.

Judge(s): MCCLARTY

This consolidated appeal concerns Director’s non-renewal of Teacher’s contract, his refusal to recommend her for tenure, and his refusal to schedule a hearing regarding his decision. Upon learning that she had not been recommended for tenure, that her contract would not be renewed, and that Director would not schedule a hearing with the Board, Teacher filed suit, alleging that Director’s actions were unlawful and beyond the scope of his duty and that the Board had abdicated its responsibility by allowing Director to act in such a manner. Likewise, Board Member filed suit, alleging that the Board abdicated its responsibilities and that Director’s actions were unlawful. The trial court initially ruled in favor of Teacher and Board Member; however, the court altered its judgment to hold that Teacher and Board Member did not have standing to bring their respective complaints. Teacher and Board Member appeal. We affirm the decision of the trial court.

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