Mark Stone has asked Chancellor Jerrri Bryant to reconsider her decision that she cannot substitute her judgment for that of the School Board. Stone, who was fired by the School Board in 2007 for unprofessional conduct and neglect of duty for mishandling school funds, appealed that decision to Chancery Court. Bryant upheld the Board following a hearing in August.

Stone last week filed a Motion to Alter or Amend the Judgment Affirming Termination of Petitioner. It points out that Bryant’s ruling stated, “The court is not insensitive to the fact that Mr. Stone was eleven months from retirement” and went on to say “the court is of the opinion that the punishment did not fit the crime; however, the legislature has designed this review such that the court is not allowed to substitute its own opinion as to the appropriate outcome for that of the School Board.”

Stone’s request cites a court case in which the ruling stated that the court must determine all issues as if no prior determination had been made and “substitute his or her own judgment for that of the school board.” It points out that Director of Schools James Jones had said no other teacher had been disciplined by him for similar conduct.

The request concludes, “This court can substitute its judgment for that of the Respondent (School Board) as to punishment.” It said the court should limit the punishment to the reasonable punishment for the acts complained of. It asks the court to reconsider the matter and to change the judgment to reflect a punishment less than termination.