Keene v. Creswell School District No. 40

I disagree with FDAB’s and the majority’s conclusion that the facts FDAB found to be true could constitute insubordination or neglect of duty under the circumstances of this case.

*810To be sure, as the majority says, a school district may insist that a teacher on leave of absence give early assurance of intent to return and may adopt rules and policies to that effect. Here, however, there was no such policy or rule. It is not disputed that respondent’s only policy with respect to permanent teachers was to send such a teacher a written contract of employment and to give the teacher 14 days to…