Fired Jefferson County teachers get day in court
Dismissals caused by outsourcing education to religious school at issue
By Jamie Satterfield (Contact)
Saturday, November 29, 2008
Related document
* 6th U.S. Circuit Court of Appeals opinion in church-state lawsuit against Jefferson County school system
A divided federal appeals court is resurrecting a claim by Jefferson County educators that the school board unconstitutionally turned to a religious school to educate troubled students.
In a 2-1 vote, judges from the 6th U.S. Circuit Court of Appeals overturned U.S. District Judge Thomas Phillips' decision to toss out a lawsuit filed against the Jefferson County School Board by three educators who lost their jobs when the board outsourced its alternative school program to Kingswood Academy.
"We hold that there is a genuine issue of material fact as to whether Kingswood separates its residential program from its day program such that the Christian religious focus of the residential program does not affect day students," the opinion stated.
Educators Steve B. Smith, David Kucera and Vickie F. Forgety lost their jobs at Jefferson County's alternative school when the cash-strapped board decided in June 2003 to outsource the program to Kingswood for a claimed savings of some $170,000.
"Kingswood's promotional materials state that … 'Kingswood school is unique because we offer children a Christian environment of love and encouragement,'" the opinion stated. "The school's 2005 annual report states that 'Kingswood was founded with the intent to ensure that each child placed in its care receives Christian religious training.' "
Attorney Arthur F. Knight III, who represented the school board, argued there was no proof Kingswood infused Christian principles in its day school, where Jefferson County sent troubled students for daily instruction. He also insisted that even if the arrangement violated the Establishment Clause requiring separation of church and state, the teachers had no legal standing to sue since they weren't the ones being subjected to religious instruction at taxpayer expense.
Phillips agreed and tossed out the lawsuit. Attorney George F. Legg appealed for the teachers and won.
The appellate court opined the teachers suffered job losses as result of the allegedly unconstitutional contract and, therefore, had legal grounds to sue.
The court also noted sworn testimony from Kingswood officials who said the school's day school and residential program went "hand-in-hand," and the school's founder made it clear he "wanted to provide a Christian education as well as a residential program."
The case now returns to U.S. District Court in Knoxville. A trial date is not set.
Jamie Satterfield may be reached at 865-342-6308.