Nedra Finney v. Franklin Special School District Board Of Education, Et Al.

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 tenured teacher’s employment with the school district on the ground of unprofessional conduct.