Cairo Association of Teachers - Newsletter

CAT Tracks for July 15, 2005 MARION TEACHERS SUE OVER TRANSFERS

From today's Southern Illinoisan...

Marion teachers file suit against district

BY JOHN D. HOMAN
the southern

MARION - Four Marion elementary school teachers who were reassigned last spring by Superintendent Wade Hudgens filed a lawsuit against the school district Thursday in Benton federal court.

Carterville attorney Stacey Aschemann said on behalf of her clients, Becky Belt, Karen Jenkins, Marsha Land and Jennifer Lincoln, that being assigned to teach different grade levels at different schools this coming fall was punishment for their speaking out against attendance centers.

The lawsuit charges the district with violating the First and Fourteenth Amendment rights of the teachers.

"Like all other U.S. citizens, teachers have the right to free speech," said Aschemann, who belongs to the firm, Schuchat, Cook & Werner.

"Because these teachers believed the administration's proposals would hurt students, they exercised their right to speak out and now the district is retaliating against them."

In addition to the building transfers, two of these veteran teachers also were informed that their teaching assignments would change in the coming school year. Aschemann said this is further evidence the district is attempting to punish the teachers.

"Marsha Land has been an outstanding first-grade teacher for 30 years, but because she spoke out for the kids of Marion, she is assigned to third grade for next year," Aschemann said.

The lawsuit asks the federal court to force the district to allow the teachers to remain at their Washington School assignments until the case is resolved. In addition, the suit asks the district be ordered to stop transferring employees for using their free speech rights and that the district be ordered to pay damages and court costs for the teachers.

Lincoln has taught in the district for 14 years; Jenkins 16 years; Belt 23 years and Land 32 years.

Merry Rhoades, legal counsel for the Marion Unit 2 School District, said she will "vigorously defend against the lawsuit" on behalf of the district. Rhoades said she would not comment on any specifics of the suit.

The suit further states that the plaintiffs were outspoken on various matters of public concern, as were teachers Donna Gulley and Michaela Stewart.

Each of these teachers worked at Washington School during the 2004-2005 school year and for more than a decade before that.

On the last day of the school year, Hudgens is said to have notified Belt, Jenkins, Land, Gulley and Stewart by letter that the district was involuntarily transferring them to another school effective this fall and that Belt, Land and Stewart were being transferred to different grade levels as well.

On information and belief, Aschemann said, at no time in these long-term teachers' employment has the district involuntarily transferred an elementary school-tenured teacher to a different school or grade level unless there was a performance issue or the teacher worked in a Title I program.

At no time up to the present has the district ever cited any performance issues as a justification for making such transfers.

john.homan@thesouthern.com