Gilder v. Meno

I respectfully dissent.

This is, at its core, a statutory-construction case. There are two simple propositions that control the outcome of this appeal. First, more than a half-century of case law requires that “inter-agency appeals” to the Commissioner of Education be conducted with a new evidentiary hearing. Second, when it was enacted in 1981, the Term Contract Nonre-newal Act (“TCNA”) did not alter that requirement.

FACTUAL AND PROCEDURAL BACKGROUND

The majority’s statement of the factual and procedural background is essentially correct. Gilder was employed by Aquilla Independent School…