Mohr v. Dade County School Board

Viewing the complaint most favorably to the appellants, the non-moving parties upon this motion to dismiss, I think the appellants should be permitted the opportunity to prove that the “policies and practices of the institution,” i.e., the Dade School Board, impliedly afforded them tenure and entitled them to procedural due process.

It cannot be determined at this stage whether or not the appellants had a reasonable expectation that the policies and practices of the school board were such that they would be continued as guidance counselors throughout their careers as alleged in the complaint.

As…