Court: Ex-principal at Farrell should not have been fired

Staff report

Farrell, Pa.

A controversial high-school principal should not have been fired in the middle of his five-year contract, the Pennsylvania Commonwealth Court has ruled.

Lee McFerren was fired in July 2008 by a 7-2 school-board vote after five days of hearings from March to May that charged him with persistent negligence of duties, willful failure to comply with school rules, willful neglect of duties, immorality and intemperance.

He appealed his firing to the Pennsylvania Department of Education, which upheld the district’s decision in January 2009.

The court reversed the Secretary of Education’s affirmation Thursday.

The court found that McFerren’s actions didn’t rise to levels of seriousness required by the Public School Code, which protects professionals from midterm contract terminations.

The school board had said McFerren told a student who was swearing at him that in the real world, “the white man will kick your a--.” The statement was the basis for the immorality charge. The court said, however, that “white man” in that context meant society, or people in charge, wouldn’t tolerate swearing.

The court said the school district’s evidence that McFerren raised his voice four times in 21‚Ñ2 years toward students or teachers didn’t constitute intemperance, which is “a loss of self- control that is extreme, violent or severe.”

It said charges of leaving the building for lunch without telling the superintendent or changing class periods from seven to eight a day without telling the school board, among other actions, didn’t constitute willful neglect of duties.

The district replaced McFerren with Lora Adams-King.

McFerren’s lawyer, Barbara Ochs, said Friday she cannot comment on whether the court ruling means he’ll get his job back.

“Litigation with the Farrell School District is not yet concluded,” she said.

School officials couldn’t be reached to comment.