downingvlowell

Downing v. City of Lowell
(MA. S. Ct. 1995)

__Facts__ D (The City of Lowell) defending the Superintendent decision to the not renew a principals contract at the C.G. McDonough Arts Magnet School. The superintendent was going to dismiss the principal for inefficiency insubordination, and conduct unbecoming a principal but instead opted to let the principal contract expire. P (The Former Principal) believed that because he had achieved tenure as a teacher in the Lowell public school system that he was entitled to the same legal dismal procedures that are granted to Professional Status teacher under Massachusetts General Law Chapter

71 Section 41 and he believed was entitled to review of the nonrenewable decision through arbitration procedure. Judgment held for the defendant.

__Issues/Answers__
 * 1) Can a principal be dismissed without his or her knowledge? No
 * 2) Are principals represented in the School Systems Collective Bargaining Agreement? No
 * 3) Are principal considered Contractual Employees and not awarded the same procedural safeguards as Professional Status Teachers? Yes
 * 4) Can a principal negotiate his or her own contract for employment? Yes

__Basis/Rationale__ Legal Basis- Educational Reform Act of 1993&1995 Revisions Massachusetts General Law Chapter 71 Section 41& 42 Rationale- Prior to 1993 Principals could not be dismissed or demoted unless the principal consented to decision and after a majority vote of the school committee in a public or private hearing. Educational Reform Act of 1993 changed this and Principals became considered Contractual Employees under M.G.L. c. 71 s. 41 and were not held under the same standards for dismissal and review arbitration procedures.

__Notes__ (1) Three letters were sent by the Superintendent, one dated 4/12/1995 informed the principal of his dismissal, this letter was then revoked on 4/13/1995. The next day, 4/14/1995 another letter was sent to the principal informing him of the decision to not renew his contract. (2) The P believed that this was a discipline dismissal and not a non-renewal of his contract and procedure was not followed correctly. (3.) A principal whose contract is not being renewed, who previously has achieved professional status as a teacher may return to a job within the system has a once again professional status teacher,