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STEWART v. FORT WAYNE COMMUNITY SCHOOLS

No. 92S03-9012-CV-805.

564 N.E.2d 274 (1990)

Kathleen Ann STEWART, Appellant (Plaintiff below), v. FORT WAYNE COMMUNITY SCHOOLS, Appellee (Defendant below).

Supreme Court of Indiana.

Rehearing Denied March 21, 1991.

Attorney(s) appearing for the Case

John S. Bloom, Bloom, Bloom & Fleck, Columbia City, for appellant.

Charles W. McNagny, Thomas M. Kimbrough, Barrett & McNagny, Fort Wayne, for appellee.

SHEPARD, Chief Justice.

This case presents the question whether there are circumstances in which a tenured teacher in Indiana may be discharged due to a reduction in force when a non-tenured teacher is retained in a position for which neither one is fully qualified under state law. We hold that the answer is yes.

Kathleen Stewart was hired by Fort Wayne Community Schools as a psychometrist in 1978. During her years with the school system, the student population...

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