MCSD board’s lawyer says it can’t unilaterally fire teacher who used N-word

The Muscogee County School Board’s legal counsel has determined the board can’t unilaterally fire the teacher who said the N-word while trying to teach three fourth-graders to not use racial slurs -- despite public calls to do so from two of the three sets of parents and other residents.

The 16-year educator, who was teaching at Reese Road Leadership Academy when the Sept. 1 conversation with three 9-year-old girls sparked this continuing controversy, was suspended for two days without pay, had a letter of reprimand placed in her personnel file, was required to attend “cultural competency” training and was reassigned to the position of “assessment facilitator” in the Programs for Exceptional Students, which is MCSD’s special-education department.

In an email to board members and local media, attorney Greg Ellington of the Hall Booth Smith law firm’s Columbus office wrote:

“Board member Myers has asked whether the Board has the power to fire a teacher, principal or cabinet member, or whether that power is vested solely in the superintendent. The Board does not have the unilateral authority to hire or terminate an employee. State law does provide that an employee who is terminated or demoted by a superintendent has a right to a due process hearing in front of the Board, at which point the Board can uphold or reverse the superintendent’s action. O.C.G.A. § 20-2-940 and 942.

“O.C.G.A. § 20-2-211(a) states that “all teachers, principals and other certificated professional personnel, and other personnel of a local unit of administration shall be employed in and assigned by its governing body on the recommendation of its executive officer.”

“Consistently, the State mandated Board Code of Ethics Domain VI: Personnel states that “each member of the Board agrees that he or she will: 1. consider the employment of personnel only after receiving and considering the recommendation of the local superintendent.”

Ellington’s email is in response to the request from board member Frank Myers of District 8, who threatened that he would make motions at Monday night’s meeting to fire any official who prevents MCSD from fulfilling his open records request.

This story was originally published October 14, 2017 at 5:37 PM with the headline "MCSD board’s lawyer says it can’t unilaterally fire teacher who used N-word."