Felix Curry filed a complaint against the public school district of Fort Smith for having illegally reassured his job as a football coach and sports coordinator in Northside High School.
Curry was appointed football coach in Northside in 2022 after Mike Faluer’s retirement. He was informed on November 22 or around November 22, that his contract was not renewed and was informed on December 4 that he was reassigned to the student detention center (SDC). The district has provided no reason for the action.
A trial brought at the County Circuit of the County of Sebastian Tuesday, February 18 stipulates that her reallow was illegal because she did not receive the approval of the FSPS school board. The Curry contract contains a provision giving the Superintendent Dr. Terry Morawski the authority to make a reallocation without approval from the Fort Smith school board, noted a press release from Curry lawyer Joey McCutchen.
“It is a concern that this provision of the contract has also been included in other employment contracts throughout the district. The provision is illegal and unexpected, “said McCutchen in the press release.
The district refused to comment on legal action.
McCutchen quotes a law of the State which notes: “The boards of directors of the school district have the power to attribute and reallocate or transfer all teachers to the schools of their jurisdiction on the recommendation of the superintendent.” The trial indicates that the provision of contracts is an illegal attempt to circumvent the responsibility of the council.
The Curry contract, which is in force from July 1, 2024 to June 30, 2025, stipulates that “the contract may be terminated by one or the other party in accordance with the law or district policy, and that the expire contract Otherwise and is not subject to any automatic renewal. The same language is the same in other district contracts. Contracts all include: “Employees recognize the superintendent authority to reassign the employee to any other task in the best interest in the district.”
The subject of Curry’s reallow was raised twice during the comments of the public contributions during the meetings of the Board of Directors in December and January. In January, the school board announced that the question would be discussed in executive session, but once the board of directors was recognized at the opening, it did not take any action concerning a personnel issue. Member of the Fort Smith School Board Talicia Richardson resigned At the January meeting, declaring that “the grievance process was not followed”, and Curry was treated unjustly.
“Coach Curry has tried to resolve this illegal action by Superintendent Morawski without the need to submit a prosecution, but the district has circumvented a substantial examination at each stage. In addition, Superintendent Morawski or members of the board of directors never gave coach Curry, even a reason for steep reallow, “said McCutchen.
At the meeting of the January board of directors, Marshall Ney, the district lawyer, said that Curry had agreed to allow Morawski the authority to reassign him. He also said that the Arkansas law allows superintendents the power to make reallocations.
The trial requests that the court judged a judgment indicating that Curry had been illegally reassured as a football-head coating and sports coordinator of the campus and reintegrating it in this position for the rest of his contract. He also asks any similar language in employment contracts throughout the district be deemed invalid and inapplicable.