ROGELYNN EMORY v. MEMPHIS CITY SCHOOLS BOARD OF EDUCATION, NOW KNOWN AS SHELBY COUNTY BOARD OF EDUCATION - Articles

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Posted by: Landry Butler on Jan 13, 2017

Court: TN Supreme Court

Attorneys 1:

Jeff Weintraub, Memphis, Tennessee, for the appellant, Shelby County Board of Education.

Attorneys 2:

Mark Allen, Memphis, Tennessee, for the appellee, Rogelynn Sue Emory.

Judge(s): KIRBY

This case arises out of the termination of a tenured teacher. After a three-day hearing, the school board concluded that there was ample evidence of the teacher's unsatisfactory job performance, so it terminated her employment. In the trial court review of the school board's decision, the teacher argued that she should be reinstated with back pay because her school board hearing occurred well beyond the thirty-day period set forth in the Teachers' Tenure Act. The trial court affirmed the termination and the teacher appealed. The Court of Appeals declined to reinstate the teacher based on the untimeliness of the school board hearing but it awarded her partial back pay. On appeal, we first clarify the standard of judicial review for the termination of a tenured teacher under the Tenure Act. Second, we reverse the Court of Appeals' award of partial back pay to the teacher because the relief ordered is without basis in the Tenure Act. Finally, because the teacher failed to raise to the school board any objection as to the timeliness of her hearing, we hold that the issue is not properly before this Court. Accordingly, we affirm the trial court's decision to uphold the termination of the teacher's employment.

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