HENRY TEACHER FIGHTS DISMISSAL IN COURT

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, January 7, 1993                   TAG: 9301070162
SECTION: VIRGINIA                    PAGE: B3   EDITION: NEW RIVER VALLEY   
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short
HENRY TEACHER FIGHTS DISMISSAL IN COURT
The Henry County School Board violated a teacher's contract when it dismissed her as part of a work-force reduction in 1987, a lawyer told the Virginia Supreme Court on Wednesday.
The School Board's attorney said the dismissal was proper and that a ruling to the contrary could impair the ability of schools to adjust to changing enrollments.
Linda Underwood was one of seven teachers dismissed when Henry County cut its physical-education staff before the 1987-88 school year because of decreasing enrollment. She had taught in the school system for eight years.
The board changed its "reduction in force" policy in March 1987 to reflect plans for the next school year. Later that month, the board informed Underwood about the change and told her she would not be rehired. State law requires notice of contract non-renewal by April 15.
Underwood's lawyer, Edwin A. Gendron Jr. of Martinsville, said the board was bound by the work-force reduction policy included in his client's 1986-87 contract. He said the board could not change the terms of a contract already in effect.
But School Board attorney L. Dale McGhee said state law clearly allows such adjustments.
Henry County Circuit Judge Kenneth Covington ruled in December 1991 that Underwood's dismissal was proper. He noted that Underwood's contract said renewal was "subject to any policies hereafter established."

by Bhavesh Jinadra by CNB