James McLAIN, Respondent, v. KENT SCHOOL DISTRICT, NO. Menu & Reservations Make Reservations . The Kent School District COVID-19 Dashboard shows a summary of all known cases of COVID-19 in our district. We are committed to successfully preparing all students for their futures. The district employs 3,389 staff members, of whom 1,687 a Begin typing to search, use arrow keys to navigate, use enter to select. KENT SCHOOL DISTRICT No. RCW 28A.405.210 states, in pertinent part: In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, ․ which notification shall specify the cause or causes for nonrenewal of contract. ¶ 26 The record shows McLain knew he had a right to an administrative hearing under RCW 28A.405.210. Judge: Coughenour. The emergency expulsion was subsequently modified to a five-day short term suspension, beginning Friday, February 18. Kent School District No. The mock obituaries became a topic of discussion at the high school among students, faculty, and administrators. Web sites can be an early indication of a student's violent inclinations, and can spread those beliefs quickly to like-minded or susceptible people. I am the Board of Directors' nominee for selecting a hearing officer for this process. 415 DIRECTOR DISTRICT NO. If relief is not granted, the plaintiff will miss four additional days of school, and a basketball game. ¶ 17 The District contends the presiding judge did not have the authority to appoint a hearing officer under RCW 28A.405.310(4) and McLain waived his right to an administrative hearing under chapter 28A.405 RCW. Most rights can be waived by contract or conduct. We are committed to successfully preparing all students for their futures. ¶ 4 In June, Gawley notified the District that “he may no longer represent [McLain]” in the appeal. Kent School District No 415, et al. Kent School District 415 16600 148th Ave SE Renton WA 98058. (MD, ) May 18, 2007: Filing 5 MINUTE ORDER TRO Hearing set for 5/21/2007 at 01:30 PM in Courtroom 14206 before Hon. 1,040 were here. Despite repeated requests from the District in July and August, McLain did not designate a nominee or jointly select a hearing officer. 415 OCR Reference No. The page posted mock "obituaries" of at least two of the Plaintiff's friends. The District argued McLain waived his right to an administrative hearing by failing to respond for over 15 months to the repeated requests to jointly appoint a hearing officer and schedule the hearing. 415 Propositions 1 and 2 will generate an additional $239 million to the education coffers from 2019 through 2024. Preliminary relief may be granted if the moving party demonstrates a combination of likely success on the merits and irreparable harm. Michael Brian Harrington, Kent School District Administration CTR, Kent, WA, for Kent School District No 415, defendant. If Mr. McClain [sic] chooses to continue through this statutory process and you have your client's authority to act as his nominee, please let me know and we will jointly identify potential hearing officers. Filing 6 RESPONSE/OPPOSITION, by Defendants Kent School District No 415, Barbara Grohe, Michael Albrecht, to 2 Plaintiff's motion for Temporary Restraining Order re 1 Complaint. 415 The Kent School District services students from Kent, Covington, Black Diamond, and Renton. To establish implied waiver, unequivocal acts or conduct must show an intent to waive; waiver is not to be inferred “from doubtful or ambiguous factors.” Jones, 134 Wash.2d at 241, 950 P.2d 1. CourtListener is sponsored by the non-profit Free Law Project. I, Dr. Calvin J. Watts, Secretary to the Board of Directors of Kent School District No. COUGHENOUR, Chief Judge. James McLAIN, Respondent, v. KENT SCHOOL DISTRICT, NO. 415 adopted Resolution No. Your contractual relationship with the Kent School District will end August 31. Two aspects of the site are at issue. If so, the letter requests McLain designate and authorize his nominee to contact the nominee for the District to “jointly identify potential hearing officers.” The letter states, in pertinent part: As I mentioned in my voice mail message, the district received your request for records associated with your client, James McLain․. KENT SCHOOL DISTRICT NO. 415 KING COUNTY KENT, WASHINGTON November 12, 2014 The Board of Directors of Kent School District No. Covering 73 square miles, the Kent School District has 40 schools. Kent School District 415. A waiver is the intentional and voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right.” [Bowman, 44 Wash.2d at 669]. The notice states McLain must contact the District within 10 days to contest the decision through an administrative hearing under RCW 28A.405.310. ¶ 23 The statute does not define “fail to agree.” Because “fail to agree” is undefined, we look to the ordinary meaning of the term. 1 Replacement of Expiring Educational Programs and Operations Levy. Burch v. Barker, 861 F.2d 1149 (9th Cir.1988). Am. McLain did not respond or contact the District either before the start of the 2010–2011 school year or at the beginning of the following 2011–2012 school year. The letter indicates that you were sent a copy as well. Firefox, or Sign up to receive the Free Law Project newsletter with tips and announcements. 415 and kent association of paraeducators wea/nea september 1, 2018 -august 31, 2021 ¶ 11 In a letter dated August 19, Mann states legal representation of McLain is limited to the public records request. 1568, concerning a proposition to support educational programs and operations expenses. kent school district kent, washington resolution no. In addition, the Plaintiff allowed visitors to the web site to vote on who would "die" next that is, who would be the subject of the next mock obituary. Comments (-1) Tech Support . We give meaning to every word and must avoid an interpretation that would produce an unlikely, absurd, or strained result. We are committed to successfully preparing all students for their futures. COUGHENOUR, Chief Judge. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The District provided Gawley with approximately 340 pages of documentation concerning the decision to not renew the teaching contract. BACKGROUND. It contained some commentary on the school administration and faculty. The District argued the court committed probable error substantially altering the status quo or substantially limiting a party's freedom to act under RAP 2.3(b)(2). Stay up-to-date with FindLaw's newsletter for legal professionals. The court finds that missing four additional days of school and sporting events is a sufficient showing of irreparable injury. Forms For employer specific forms and information, please click on the corresponding PDF listed below. Defendant points out that the plaintiff will not suffer academically from the suspension (a requirement under Wash.Admin.Code § 180-40-235). ¶ 5 In a letter to McLain dated July 13, the District informed McLain that his contractual relationship with the District would end on August 31 and “[i]f you choose to continue your appeal of the nonrenewal of your teaching contract, you or your legal counsel must contact [the lawyer representing the District] within ten (10) days of receiving this letter” to select a hearing officer and agree on the time line for the appeal under RCW 28A.405.310. Find your school district today. 564 v. Grand Aerie of Fraternal Order of Eagles, 148 Wash.2d 224, 239, 59 P.3d 655 (2002). Fifteen months later, McLain sought to pursue the appeal and filed a motion to appoint a hearing officer. 1,041 were here. No. As required by Fed.R.Civ.P. Michael Brian Harrington, Kent School District Administration CTR, Kent, WA, for Kent School District No 415, defendant. 1203, concerning a proposition to support school programs and operation expenses. The two nominees shall jointly appoint a hearing officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. View COVID-19 activity levels in Kent School District. The presiding judge of King County Superior Court granted the motion and directed the parties to contact the hearing officer within 10 days. Internet Explorer 11 is no longer supported. Our fundamental objective is to ascertain and carry out the intent of the legislature. Kentlake High School is on vacation this week, so the remaining four days of suspension would run from February 28 through March 1, 2000. ¶ 15 The presiding judge considered the motion without oral argument and entered an order appointing a hearing officer and directing the parties to contact the hearing officer within 10 days. The Board of Directors of Kent School District No. 1,042 were here. To expedite your request and reduce the exemptions and/or redactions that we might otherwise make to a Public Records Act request, it would be helpful if Mr. McLain put something in writing acknowledging your representation and consenting to accessing all of his employment records. Reviews (253) 373-7000. Bowman v. Webster, 44 Wash.2d 667, 669, 269 P.2d 960 (1954). This matter comes before the court on Plaintiff's motion for a temporary restraining order. The plain language of the statute does not support McLain's argument that by notifying the District of his intent to appeal, he had no responsibility to participate in the selection of a hearing officer and the District had an obligation to unilaterally select a hearing officer and proceed with the hearing.6. Get directions, reviews and information for Kent School District 415 in Black Diamond, WA. List of Candidates for KENT SCHOOL DISTRICT NO. The letter states, in pertinent part: Today, July 13, we received written confirmation that Mr. Gawley no longer represents you and that we are to contact you directly to make arrangements regarding any further appeal. Defendants are hereby ENJOINED from enforcing the short-term suspension imposed on Nick Emmett on February 18, 2000. After reviewing the documentation provided in support of the decision, on July 12, McLain's attorney withdrew and instructed the District to contact McLain directly. ¶ 25 Waiver is an equitable doctrine that can defeat a legal right where the facts show that the party relinquished a known right, or conduct shows the party relinquished known rights. The obituaries were written tongue-in-cheek, inspired, apparently, by a creative writing class last year in which students were assigned to write their own obituary. 415, et al., Defendant(s). If you choose not to contest the nonrenewal any further, you may contact Legal Services to notify us of such or simply disregard this notice, in which case the right to a hearing will be deemed waived. Defendant. Kent School District No. ¶ 18 Where the facts are not in dispute, review is de novo. Precedential, Citations: 65(b), the parties are directed to appear at a *1091 hearing on Thursday, March 2, at 9:30 A.M. on a preliminary injunction. We are committed to successfully preparing all students for their futures. Please have your attorney contact me as soon as possible. The August 19 letter to McLain states: Today I received an electronic copy of a letter from the law firm of your attorney, Mary Ruth Mann. 415, King County, Washington, hereby certify that the foregoing resolution is a full, true and correct copy of a resolution duly passed and adopted at a regular meeting of the Board of Directors of such District, Hazelwood v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 1088, Docket Number: 415, Appellant. Michael Brian Harrington, Kent School District Administration CTR, Kent, WA, for Kent School District No 415, defendant. Webster's Third New International Dictionary 814 (2002) defines “fail” to mean “miss attainment: fall short of achievement or realization.” Webster's Third New International Dictionary at 43 defines “agree” to mean “to concur in [:] to give assent: express approval: ACCEDE ․ to a plan.”9. On July 12, Gawley sent a letter confirming his withdrawal and instructed the District to contact McLain “directly to make arrangements with respect to the further prosecution of his appeal.”. 12033SE 256TH ST KENT, WA 98030 Get Directions (253) 373-7243. www.kent.k12.wa.us . Reviews (253) 373-7491 Website. Mfg. A teacher filing a request to appeal within 10 days of receiving the notice of nonrenewal “shall be granted [the] opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract.” RCW 28A.405.210. Defendant's Attorney: Michael Brian Harrington, Kent… Schroeder v. Excelsior Mgmt. The District then sent a letter to McLain instructing him to contact the District within three business days if he wanted to pursue the administrative appeal. 415 and Luty Faye Reeploeg appeal the dismissal on summary judgment of their action to quiet title and ejectment as against the interest of the respondent Larry Ladum. The letter states, in pertinent part: I have received your letter dated July 27 notifying us that you are continuing the appeal of your nonrenewal. The Kent School District #415 is a public school district in the U.S. state of Washington. We 415 KING COUNTY KENT, WASHINGTON February 26, 2013 The Board of Directors of Kent School District No. He has a grade point average of 3.95, is co-captain of the basketball team, and has no disciplinary history. Bethel v. Fraser, 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. ¶ 16 The District filed a notice of discretionary review of the order. The Kent School District No. 415. United States District Court, W.D. Campbell & Gwinn, 146 Wash.2d at 9–10, 43 P.3d 4. In re Recall of Pearsall–Stipek, 141 Wash.2d 756, 767, 10 P.3d 1034 (2000); Kilian v. Atkinson, 147 Wash.2d 16, 21, 50 P.3d 638 (2002); State v. Stannard, 109 Wash.2d 29, 36, 742 P.2d 1244(1987). 415 Kent, Washington We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Next Election. The Supreme Court in Tinker stated that students do not abandon their right to expression at the schoolhouse gates, but that prohibition of expressive conduct is justifiable if the conduct "would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." Case Number: 00-CV-0269. February 23rd, 2000, Precedential Status: ITT Rayonier, Inc. v. Dalman, 122 Wash.2d 801, 807, 863 P.2d 64 (1993). NO. 92 F. Supp. John C. Coughenour. The defendant has not presented any evidence that any student actually felt threatened by the web site, although it stated at oral argument that it believes that some students did feel intimidated. To make arrangements for choosing a hearing officer, you should telephone my office.[4]. 415, Appellant. 68373–0–I. That night, Plaintiff removed his site from the Internet. ¶ 14 The District filed a motion to deny the petition to appoint a hearing officer and requested oral argument. Description. The District informed McLain that lack of improvement during the probationary period established probable cause to not renew the teaching contract for the 2010–2011 school year. Student demographic data and trends for Kent School District 415 (Washington) from 1987 to 2006. ¶ 6 In a letter to the District dated July 27, McLain states, “I am continuing with the appeal of the termination of employment․ I have secured my own attorney․ I intend to file suit against [the District] for wrongful termination and discrimination.” McLain also requested the District provide “all emails that were in my folder” and stated that his “attorney will also be demanding all papers, letters, evaluations, emails and files .” But the letter did not identify the attorney. RCW 28A.405.310(4) states, in pertinent part: In the event that an employee requests a hearing pursuant to RCW 28A.405.300 [8] or 28A.405.210, a hearing officer shall be appointed in the following manner: Within fifteen days following the receipt of any such request the board of directors of the district or its designee and the employee or employee's designee shall each appoint one nominee. The undisputed record establishes McLain waived his right to pursue the administrative appeal of the decision to not renew his contract for the 2010–2011 school year. A statutory provision must be read in its entirety and within the context of the statutory scheme as a whole. The defendant has presented no evidence to suggest that the plaintiff intended to intimidate or threaten anyone. 415 met in a special meeting on Wednesday, November 12, 2014, at 5:30 p.m. in the boardroom at the Administration Center located at 12033 SE 256th Street, Kent, Washington with Board Vice President Karen DeBruler presiding. Plaintiff's suspension includes a prohibition on participation in school sports, including basketball practice on February 23 and his team's playoff game on February 24. *1089 Aaron Caplan, American Civil Liberties Union of WA, Seattle, WA, for Nick Emmett, plaintiff. He created a website that was a parody of the schools site. Kent School District 415 District 4. Washington at Seattle. Plaintiff: Wes Hagen, Scott Gradin, Tami Gradin and T. G. Defendant: Kent School District No. moody's assigns underlying aa2 rating to king county school district no. Menu & Reservations Make Reservations . Schroeder, 177 Wash.2d at 106, 297 P.3d 677; see also Jones v. Best, 134 Wash.2d 232, 241, 950 P.2d 1 (1998) (waiver may be inferred from circumstances indicating intent to waive). From Free Law Project, a 501(c)(3) non-profit. On February 23, 2010, the District notified McLain there was probable cause to not renew his contract because he did not demonstrate sufficient improvement during his probationary period.
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