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