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Arbitrator rules Brevard Public Schools need not rehire teacher
An arbitrator has ruled that Brevard Public Schools does not have to rehire veteran teacher Melissa Calhoun, concluding a closely watched dispute over Florida’s law governing student names and pronouns.
VIERA, Fla. - An arbitrator has ruled that Brevard Public Schools does not have to rehire a veteran teacher, concluding a closely watched dispute over Florida’s law governing student names and pronouns.
Melissa Calhoun, an Advanced Placement English teacher at Satellite High School with 12 years of experience in the district, was investigated during the 2024-2025 school year and resulted in her termination.
The backstory:
The investigation began after a parent complained that Calhoun was addressing their child by a preferred name without parental consent.
Calhoun admitted to using the name, stating she had taught the student in previous years and that was the name they had gone by. However, Florida Statute 1000.071, which became law in July 2023, prohibits school employees from using a student's preferred title or pronouns if they do not correspond to the student's biological sex unless parents provide written authorization.
"It’s disappointing. I really put as much as I could into teaching and serving my community," Calhoun told FOX 35. "Our goal isn’t to indoctrinate students. It’s simply to teach."
The district's argument
Brevard Public Schools maintained that Calhoun’s actions were a "conscious and deliberate decision" to violate state law and district policy. Superintendent Dr. Mark Rendell argued teachers must not override the rights of parents to be involved in critical decisions regarding their children.
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In a statement released following the arbitration, the district clarified, "This was not simply a nickname or a casual classroom interaction. It was the repeated use of a male name for a female student — a clear participation in a student’s social gender transition without the required parental consent."
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While the state's Education Practices Commission allowed Calhoun to keep her teaching license under a one-year probation, BPS said it was committed to upholding parental rights as a foundational principle.
Teacher's union argument
The other side:
The Brevard Federation of Teachers (BFT) filed a grievance on Calhoun's behalf, arguing that the district’s actions constituted "double jeopardy" and were a heavy-handed response to an "oversight."
The union contended that:
- Calhoun met the criteria for reappointment under the Collective Bargaining Agreement (CBA) because she had "Proficient" or "Effective" evaluations.
- The non-renewal was used as a second form of discipline for the same act, which they argued was improper.
- The initial Letter of Reprimand violated the CBA because it was based on an unwritten parental complaint that wasn't properly reported to the teacher in writing beforehand.
Final arbitration ruling
Big picture view:
Arbitrator Mark Lurie issued a nuanced decision on Feb. 19, 2026.
He ruled in favor of the Union regarding the Letter of Reprimand, saying the district violated the CBA by failing to provide a detailed written notice of the specific parental complaint before issuing formal discipline. He ordered the reprimand be rescinded and replaced with a less severe "informal action."
However, the arbitrator ultimately upheld the non-renewal of Calhoun's contract. He determined that under Florida law and the CBA, the Superintendent has the "unrestricted right" to recommend against the reappointment of annual contract employees, regardless of their performance ratings.
What's next:
While the arbitrator directed the Satellite High School Principal to formally recommend Calhoun for reappointment due to the rescinded reprimand, he noted he has no authority to force Superintendent Rendell to accept that recommendation.
Calhoun says she is currently tutoring in the community and hasn’t made a decision about applying at private, charter, or other public school districts.
"He has ultimate authority there," Calhoun said regarding the Superintendent's final word on her employment at BPS.
The Source: This story was written based on information shared by Brevard Public Schools (BPS), the Brevard Federation of Teachers (BFT), teacher Melissa Calhoun, and a ruling by arbitrator Mark Lurie, of the National Academy of Arbitrators.