Students First Act 2011 Thompson Case Important Findings J.R. Brooks February 16, 2012

“As to all other issues raised by appellant (the teacher) the court does not find error.” -Statement by the judge

The teacher contended that under HCBOE Policy 104-9 and under Alabama Code §16-8-26 (b) that the Superintendent does not have the authority to deny an employee personal leave. The Judge held that under Alabama Law the Superintendent may exercise his discretionary authority to deny an employee personal leave.

“Under present Alabama law, local boards of education may exercise discretionary authority in granting or denying teachers personal leave.” -Green v. Fairfield City Board of Education

The teacher contended that she was entitled to question the board members at the board hearing regarding alleged bias. The Judge did not uphold the teacher’s position.

The teacher contended that the real reason for her termination was personal or political. The Judge did not find that the evidence substantiated the claim.

The teacher claimed that the Superintendent was in error in refusing to produce requested documents. The Judge found no error in the Superintendent’s refusal to produce documents.

The teacher claimed that the Board committed error in refusing to compel a board member to testify. The Judge found no error.

The teacher claimed that the board committed error in failing to disqualify an allegedly biased board member. The Judge found no error.

The teacher claimed that it was error to allow the board attorney to also represent the Superintendent. The Judge found no error.

The teacher alleged that, since her personal leave was taken for a religious reason, the denial of leave was a violation of the Constitutions of Alabama and the United States as well as Federal Law. The Judge did not support this position and found no error (based upon religious grounds) in the Superintendent’s actions.

The teacher claimed that she was denied Due Process of Law by the board. The Judge found no error.