Harms v. Independent School District No. 300

I respectfully dissent. I would have affirmed the trial court.

Strand and Westgard1 mandate realignment,2 but only when placing a teacher on unrequested leave of absence (ULA). As the trial court correctly observed, neither the Minnesota Supreme Court nor the legislature has specifically extended the principle of realignment to the reinstatément procedures used when staff are called back from ULA.

*526There are substantial differences between placing a teacher on ULA, and calling one back. The decision to place staff on ULA is made and the people involved are given formal notice in the spring of…