TEACHERS' WRONGFUL TERMINATION SUIT LANGUISHING

Teachers terminated in the past several years from Independence High School must wait to find out if a federal judge thinks they were wronged.

Salt Lake Attorney L. Zane Gill told the Deseret News a case filed in behalf of 22 teachers from Provo School District is languishing in Judge Dee Benson's court.Gill said repeated requests for a summary judgment filed in the early part of the summer have not produced results.

"Our basic argument," said Gill, "is that Independence tried to employ certified teachers through illegal contract procedure. All cer-ti-fied teachers are supposed to have binding contracts that are recognized by all parties.

"Provo District delegated the authority to the principal to employ them on an hourly rate. We're saying he can't do that."

Gill said if Benson rules in favor of the teacher's group, they will ask for damages and lost wages.

"If not, it's basically over," said Gill.

Greg Hudnall, Independence High School principal, works with a constantly shifting student population and says he needs the flexibility to hire and fire as the size of the school changes.

Hudnall has defended his position by noting that teachers are aware of the possibility of layoffs if enrollment at the school drops. He also says he is under pressure to keep within a modest budget.

District Superintendent Michael Jacobsen said recently he was aware of the unhappiness among a group of "fairly vocal" teachers. He said he didn't believe the district was breaking any laws in the arrangements being made to staff the alternative high school.