Nedra Finney v. Franklin Special School District Board Of Education

Tenn. Ct. App.September 28, 2018No. M2017-02080-COA-R3-CVCited 11 times

Defendant WinFranklin Special School District Board of Education

Case Details

Judge(s): Presiding Judge Frank G. Clement, Jr.
Status: Published
Procedural Posture: appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The court affirmed the dismissal of a tenured special education teacher for unprofessional conduct. The teacher's employment was terminated based on multiple incidents of unprofessional behavior, violations of special education procedures, physical altercations with students, and failure to improve despite corrective action plans.

Excerpt

This is an appeal of the termination of a tenured teacher's employment pursuant to the Tenure Act, Tenn. Code Ann. §§ 49-5-501 to – 515. The Director of Schools of the Franklin Special School District filed Charges for Dismissal of the tenured teacher on the grounds of unprofessional conduct, incompetence, inefficiency, insubordination, and neglect of duty. The charging document alleged multiple incidents of unprofessional conduct based on a lack of adherence to required procedures, particularly in the area of special education laws and procedures. It further alleged that the teacher was placed on a Corrective Action Plan for the 2014-2015 school year, during which the teacher was found to be in violation of the plan on multiple occasions. Moreover, at the end of the 2014-2015 school year, the teacher was suspended for three days without pay as a result of an incident that occurred on May 11, 2015, during which the teacher improperly restrained a special education student, which violated the student's individualized education plan. The charging document also identified, inter alia, an incident that occurred on October 28, 2015, when the teacher got into a physical altercation with a special education student who refused to return the teacher's day planner and which resulted in the two falling to the floor. Following an evidentiary hearing, the Impartial Hearing Officer recommended dismissal on the grounds of unprofessional conduct. When the school board voted to sustain the Hearing Officer's decision, the teacher sought review in chancery court. The chancery court affirmed the teacher's dismissal based on the grounds of unprofessional conduct and incompetence. This appeal followed. Because the Hearing Officer did not find that the ground of incompetence had been proven, and that decision was not appealed, the ground of incompetence was not before the court. Therefore, it may not be considered as a ground for dismissal. However, we affirm the decision to dismiss the

What This Ruling Means

**What Happened** Nedra Finney, a tenured special education teacher in Tennessee's Franklin Special School District, was fired after the school district accused her of multiple serious workplace violations. The district charged her with unprofessional conduct, incompetence, inefficiency, insubordination, and neglect of duty. The specific problems included failing to follow required special education procedures, getting into physical altercations with students, and not improving her performance despite receiving corrective action plans from supervisors. **What the Court Decided** The court sided with the school district and upheld Finney's termination. Even though she had tenure (which typically provides strong job protection for teachers), the court found that the evidence supported the district's decision to fire her for unprofessional conduct and other serious workplace violations. **Why This Matters for Workers** This case shows that even employees with strong job protections like tenure can still be fired for serious misconduct. While tenure offers significant security, it doesn't provide absolute immunity from termination. Workers should understand that repeated violations of workplace procedures, especially those involving safety or professional standards, can lead to dismissal even when they have employment protections. Following workplace policies and responding appropriately to corrective feedback remains crucial for all employees.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Wrongful Termination cases

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