Michigan Supreme Court overturns lower court in tenure case
Howard Hubbard was told, in writing, by the Detroit Public Schools that he would not be re-hired the following school year. He was told that his performance was inadequate. Hubbard argued that as a 20-year employee, he was subject to the Teacher Tenure Act entitled to procedural protections, and sought an administrative resolution under union rules. The Administrative Law Judge (ALJ) concluded that Hubbard would not be entitled to TTA protections until the following year. On that basis, he concluded that the School System was within its rights to fire him without longer notice or a due process hearing.
Hubbard appealed and the Court of Appeals ultimately ruled, in March of 2011, that he was entitled to the procedural protections fo the Teacher Tenure Act. This month the Michigan Supreme Court reversed the lower court's holding and returned the case to the Court of Appeals to decide whether the Court had jursidiction to hear Hubbard's appeal, where he hadnot "file a statement of exceptions" to the ALJ's decision.