Next month, the U.S. Supreme Court will decide whether or not to review a federal court ruling where a Dupont Elementary teacher was fired during an era of cutbacks along with other faculty who were far less experienced.
The reason for it’s importance as far as the state goes has to do with whether or not the newer ‘performance criteria’ version of reviewing staffing decisions should totally replace the older ‘tenure system’, known as the Indiana Tenure Law.
In simplistic terms, there’s a question of the rule from 1938 based priority to those were in their position longer and the 2012 law which contradicts the older Supreme Court Decision and puts the emphasis on employees who had a better performance.
As far as Joe Elliott, the man who was terminated from the Elementary School in 2012 as part of a downsizing trend by the Madison Consolidated School Board, he was awarded $253,000 in back pay and $29,117 in interest after his Jefferson County Circuit Court case went to a national level.
If continued for review on the U.S. level, Indiana will be able to answer more assuredly whether or not the importance should be based on their 5 year tenure accomplishment or the policy of the school board at hand, based on the criteria that they have come up with.
Overall, job security is at stake and that’s an issue that will almost always be paramount.
Supreme Court justices will discuss amongst themselves next Thursday the case, and if they decide to move forward with the issue, will most likely begin that discussion the following week.
Below is our report from December after the former Dupont teacher was awarded the nearly quarter million dollars by a court of law: