Former SMHS teacher files appeal

By Lynn Hotaling

Nikki Young of Tuckasegee, horticulture teacher at SMHS for the past four years, alleges in documents filed Friday (Aug. 30) in the Jackson County Clerk of Court office that school officials' July decision not to renew her contract was "arbitrary, discriminatory and otherwise violative of state law."

Young's petition is an appeal of the local school board's decision not to rehire her to a full-time position, said Young's attorney Corie Pauling of Charlotte. Teachers must file such appeals within 30 days of a school board decision, Pauling said.

"We hope that the matter will be resolved," Pauling said Tuesday. "We hope that the school system will not have to expend resources contesting this. The goal is not to overburden the school system - we'd like to see this matter resolved in the short term."

Young, a 1990 SMHS graduate and volleyball and track standout, is seeking reinstatement and back pay, Pauling said.

The former teacher's appeal hinges on her allegation that local school officials bypassed her for a 12-month agriculture position in favor of a candidate the complaint describes as "a male who was less qualified, experienced and certified" than Young.

Members of the Jackson County Board of Education hired Chan Chandler May 28 as SMHS agriculture teacher. He replaced 27-year veteran Bill Fouts, who retired at the end of the 2001-02 school year.

School system human resources director David Steinbicker declined to release information about Chandler's certification, citing an attorney general's opinion that an employee's licensure status was part of his confidential personnel record.

Documents obtained by the Herald indicate Chandler did not have teacher certification or public school teaching experience at the time of his employment.

Chandler's current licensure status is inconclusive, according to Vanessa Jeter, public information officer with the N.C. Department of Public Instruction.

Chandler appears in the DPI computer system as "employed" but without licensure status, Jeter said.

That could mean the local school system is still compiling documents, or it could mean he's not licensed and local school officials plan to request a lateral entry or provisional certification for him, Jeter said.

"Both of those are perfectly legal and assist in teacher recruitment," Jeter said.

Young, who also applied for Fouts's 12-month job, was hired at SMHS without a teaching certificate but subsequently obtained both certification and a master's degree in agriculture education through N.C. State University. She has been fully credentialed for the past two years.

In an affidavit filed with the request for judicial review, Young states that she believes the decision to hire Chandler was discriminatory on the basis of gender.

"(The school system) did not even permit me to interview for the position although I had worked closely with the male teacher who had the position before retiring," Young's affidavit states. "Mr. Chandler is less qualified than (I am) based on my experience, seniority and teaching certification."

Young's appeal is also based on the fact that she did not receive notice of the decision not to renew her contract until "on or after Aug. 1" despite the fact that state statutes require non-tenured personnel to receive such notice prior to June 15.

However, if the non-renewal is based on a "reduction in force," the June 15 deadline does not apply, said Gary Jarrett, DPI section chief for school personnel support. "If a drop in enrollment or loss of positions make it necessary to terminate employment, a school system can do so regardless of the June 15 deadline," Jarrett said.

Young was notified through a July 31 letter from Superintendent Mack McCary that her contract would not be renewed. McCary gave declining enrollment in horticulture classes as the reason for the non-renewal of Young's contract and told Young she could teach one class per semester.

Documents on file in the Clerk of Court's office maintain that claims of declining enrollment are not supported because SMHS has been "fully restaffed" in Young's area of certification.

SMHS Principal Kenny Nicholson and Jackson County Schools vocational director Arlin Middleton declined comment on the decision to hire Chandler or Young's request for judicial review. Superintendent McCary could not be reached before Herald presstime.

Acting school board Chairman James Roper said he was reluctant to comment until he'd had an opportunity to review the complaint.

Assistant Editor Carey Phillips contributed to this report.

Back to Archive: 09/05/02.