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441 S.W.3d 11
Ark.
2014
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Background

  • Cooper was Oark schools' principal for 29 years; Oark schools were annexed by the District in 2004.
  • Cooper became principal of all Oark schools in 2009.
  • In Feb. 2011 Cooper signed a contract stating she would serve as K-12 Principal, Oark, contingent on a valid teaching license.
  • In Sept. 2011 Cooper was removed as Oark principal and reassigned to Kingston for in-school suspension; nine reasons for termination were listed in Saylors’s notice.
  • After a hearing, the Board terminated Cooper; she sued alleging TFDA noncompliance and due-process violations; circuit court reinstated her and awarded damages.
  • District and Saylors appealed, challenging TFDA compliance, whether Cooper had a property right in her Oark principal position, and the damage award.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
TFDA compliance for nonrenewal/termination Cooper; district failed to provide required notice and documentation. District; there was substantial compliance and transfer supported. TFDA not satisfied; lack of notice and documentation supports reversal on that point.
Cooper’s property interest in the Oark principal position Cooper had a protected property interest in the principal position under contract. Assignment clause allowed other duties but did not strip the principal position. Cooper had a property interest in the Oark principal position; not divested by transfer.
Damages and retirement collateral-source offset Back pay plus retirement losses; TDROP amount linked to full term. Retirement benefits are collateral; offset appropriate. Collateral-source rule applies; retirement benefits not deducted from back pay, affirmed.

Key Cases Cited

  • Buchanan v. Little Rock School Dist. of Pulaski County, 84 F.3d 1035 (8th Cir. 1996) (property interest in employment requires explicit entitlement from state law or contract constraints)
  • Chandler v. Perry-Casa Public Schools District No. 2, 286 Ark. 170 (1985) (no entitlement to the duties of preferred position; transfer allowed)
  • Manila School District No. 15 v. White, 338 Ark. 195 (1999) (contract language indicates role; reassignment does not remove status of coach)
  • White v. Manila School District, 338 Ark. 195 (1999) (coaching duties reflected in contract; reassignment analyzed)
  • Western Grove School District v. Strain, 288 Ark. 507 (1986) (collateral-source rule relevance to damages in educational employment cases)
  • Green Forest Public Schools v. Herrington, 287 Ark. 43 (1985) (collateral sources generally not reduce damages; unemployment-like benefits treated as collateral)
  • Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403 (1988) (TFDA fairness requires written notice and documented efforts to assist)
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Case Details

Case Name: Jasper School District No. 1 of Newton County v. Cooper
Court Name: Supreme Court of Arkansas
Date Published: Sep 25, 2014
Citations: 441 S.W.3d 11; 2014 Ark. 390; 39 I.E.R. Cas. (BNA) 191; 2014 Ark. LEXIS 499; CV-13-962
Docket Number: CV-13-962
Court Abbreviation: Ark.
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    Jasper School District No. 1 of Newton County v. Cooper, 441 S.W.3d 11