Judge: Nashville schools can fire non-teaching staff without appeal
Metro's director of schools has the power to dismiss non-teaching employees without giving them an appeals hearing.
That’s the conclusion of a recent ruling by Davidson County Chancery Court Judge Ellen Lyle, who dismissed the case of two employees saying former Director of Schools Jesse Register fired them without allowing for an appeal to the school board, breaking Metro Charter.
State law, however, supersedes the charter and allows for a board to create policies detailing the process in which the director hires and fires personnel, according to Lyle's ruling. Metro's employee handbook for support staff doesn't spell out an appeal process.
Tanya Aina-Labinjo and Janice Jones chose not to appeal Lyle's Aug. 18 ruling, marking a win for the district in the longstanding case.
The ruling also effectively upholds the board's policy governance model, as well as state law, granting numerous powers over to the board's director of schools. Boards in Tennessee are required to run their district in a corporate-style of governance and must assign a list of powers over to the director, as directed by state law.
MNPS adopted its governance management model in 2003 and sets guidelines for the director.
The board's policies state that the board must not give direction to persons who report directly or indirectly to the director, will not formally evaluate any staff member and, except as required by law, will not participate in decisions or actions involving the hiring, evaluating, discipline or dismissal of any employee.
"The board may change its ends and executive expectations at any time, therefore shifting the boundary between board and director domains," the board's policies state. "By doing so, the board changes the latitude of choice given to the director. However, as long as any board-specified delegation of authority is in place, the board will respecJudge: Nashville schools can fire non-teaching staff without appeal:
