The St. Ignace Board of Education has found itself in a legal battle with Jennifer Powell, a tenured fifth grade language arts and social studies teacher who was laid off at the end of the 2003/2004 school year. Ms. Powell contends that she was inappropriately laid off during budget cuts, while a music education teacher without tenure, and with less seniority, was kept on.

Ms. Powell is contesting the layoff under the Michigan Teachers’ Tenure Act and under the contract she signed with the school district.

Tenure provides job security to certified teachers in Michigan who have successfully completed at least a four-year probationary period. Under the state’s Tenure Act, tenured teachers are given some lay-off and rehiring rights over non-tenured teachers. Seniority issues, while not covered in the Tenure Act, are addressed in union contracts.

When St. Ignace reduced its budget last year, several teachers were laid off, and others were forced to change positions, but Ms. Powell was not offered the position of the non-tenured music teacher.

The Michigan Education Association (MEA) has filed a petition with the State Tenure Commission arguing that St. Ignace Area Schools did not act properly regarding her contract or the state tenure law. The MEA is asking full reinstatement of Ms. Powell as an elementary school teacher, including retroactive back pay and benefits.

Board members say they acted appropriately, since the music teacher position requires a background in music and a music certification. Ms. Powell did not possess these qualifications, so board members did not feel she could fill the position.

Ms. Powell, in a grievance with the district, also cites the St. Ignace Education Association (SEA) contract she had with the district, which she contends defined her as qualified for the music teacher position and gives her more seniority than the music teacher. The formal grievance came before the board November 14 and was denied, so the SEA plans to pursue arbitration with the American Arbitration Association, where an arbitrator could decide whether Ms. Powell will be reinstated.

Superintendent Mike Springsteen said he expects the case to be hashed out in both the tenure court and by the American Arbitration Association. In preparation, the board accepted the recommendation of its finance committee that the district retain the law firm Thrun, Maatsch, and Nordberg of Lansing to represent it. The board has also requested the financial assistance of the Michigan Association of School Boards (MASB).