Carson teachers sue over layoffs

Two probationary teachers whose jobs were eliminated because of the budget shortfall have sued Carson City School District.

The suit was filed on behalf of Michele Conger and Karen Hellman, two teachers completing their first year with the district, by the Ormsby County Education Association. It points out the two both received favorable reviews in their first year.

The suit argues the district failed to notify the teachers that their jobs were eliminated until more than a month after the March 1 deadline for doing so. The suit also contends the district failed to provide them due process, including an administrative hearing.

That violates both their rights under Nevada law but the U.S. Constitution, the lawsuit claims.

District human resources director Jose Deflin notified the two in letters mailed in April they would not get contracts for the 2009-10 school year, "due to a reduction in faculty resulting from current economic conditions."

The school district this year eliminated 24 positions as part of cost-cutting measures to fill a $7 million budget shortfall. Eight teachers, eight teaching aids, five custodians, a clerk, a library media technician and an auto service worker were laid off.

According to the complaint filed in Carson District Court late last week, probationary teachers have a right to renewed contracts and can only be terminated for cause or if the district justifies a decrease in staffing to a hearing officer.

Lawyer Jessica Prunty, representing Conger and Hellman, argued the teachers are entitled to a hearing in which the district would have to justify eliminating positions because of decreased enrollment or a district-wide reorganization.

Carson school district lawyer Mike Pavlakis said that would effectively eliminate probation for new teachers.

"The interpretation the association would like to adopt would eliminate the ability of the district to not rehire a probationary employee for any reason other than poor performance - including budgetary constraints," he said.

He emphasized that in the case of Conger and Hellman, their performance isn't an issue, that the decision not to issue them new contracts was made for budgetary reasons.

Once past probation, any teacher in good standing who isn't rehired has a right to an administrative hearing. But NRS 391 states that probationary teachers have no right to re-employment.

Normally, the probationary period for a teacher is two years.

Pavlakis said he would file a response brief to the lawsuit within the required 20 days.