EDUCATION LAW
Supreme Court of Alaska (2025)
Jordan Scott
In Stirling v. North Slope Borough School District, 565 P.3d 181 (Alaska 2025), the Supreme Court of Alaska held that a public school principal’s for-cause termination for incompetency was supported by substantial evidence because his actions rendered him unable to perform his customary duties due to lost community trust; however, this principal was denied due process when the school district failed to notify him of his right to call witnesses during the pre-termination hearing. (Id. at 184, 194). A principal created coasters using a school printer after hours that modified the school district’s logo with racially offensive and profane language. (Id. at 184). The coaster design was widely shared on social media, resulting in community outrage and loss of trust. (Id. at 185). The district terminated him for incompetence after the principal himself stated he could no longer be an effective leader and left the community. (Id. at 185–88). The principal appealed, arguing the termination lacked evidence and that the pre-termination process violated due process because he was not notified of his right to call witnesses. (Id. at 188). The superior court affirmed the board’s decision and denied the principal backpay. (Id.). Affirming in part, reversing in part, and remanding with directions for calculation of backpay, the Supreme Court of Alaska reasoned that substantial evidence, including the principal’s own concession of his inability to perform his duties, support the finding of incompetency because he lost the trust of administrators and the community. (Id. at 194; 189–90). The termination did not violate free speech rights because the School District’s interest in maintaining public trust and avoiding workplace disruption outweighed the principal’s speech rights. (Id. at 190–92). However, since incompetency was alleged, due process required that the principal be allowed to present a defense with testimonial evidence, and the district failed to notify him of his right to call witnesses before or during the pre-termination hearing. (Id. at 192–94).
