Legal Opinion
Stewart v. Fort Wayne Community Schools
Indiana Supreme Court
Decided December 27, 1990No. 92S03-9012-CV-805PublishedCited by 21 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
This case presents the question whether there are circumstances in which a tenured teacher in Indiana may be discharged due to a reduction in foree when a non-tenured teacher is retained in a position for which neither one is fully qualified under state law. We hold that the answer is yes.
Kathleen Stewart was hired by Fort Wayne Community Schools as a psychome-trist in 1978. During her years with the school system, the student population continually declined, the property tax was frozen, and federal funds were constricted. Under these combined pressures, the school…
2Cases cited17 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Indiana Ex Rel. Anderson v. BrandSupreme Court of the United States · 1938
- City of Mishawaka v. StewartIndiana Supreme Court · 1974
- State Ex Rel. Felthoff v. RichardsIndiana Supreme Court · 1932
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Town of Beverly Shores v. BagnallIndiana Supreme Court · 1992
- Conrad v. StateIndiana Court of Appeals · 2001
- Shook Heavy & Environmental Construction Group v. City of KokomoIndiana Supreme Court · 1994
- City of Indianapolis v. WoodsIndiana Court of Appeals · 1998
- Enservco, Inc. v. Indiana Securities DivisionIndiana Supreme Court · 1993
16 more not listed; retrieve them via the Exa API.