A Leland teacher popular with students and parents alike will not be returning to school next fall following action by the Leland Board of Education.

A split school board voted 4-2, with trustees Peter Sneed and Alan Hartwick opposed, to deny tenure to probationary teacher Jennifer Fenton, who has been the music teacher both at Leland at Lake Leelanau St. Mary for the past three years. Action was taken at the recommendation of Superintendent Mike Hartigan despite the pleas from Fenton and an estimated crowd of 30 parents and students who packed the school media center when the board met Monday night.

“I can’t believe anyone who heard the kids’ concert in December walked out saying ‘Boy, that band program is really going downhill,”’ parent Jim Wichern said.

“(Fenton) has poured her heart and soul into this job. You can’t question her dedication and effort or achievement or growth of the kids.”

Fenton refused an offer to discuss the issue behind closed doors with board members, opting instead to talk about her dismissal in open session.

“I feel I’ve done a good job. I have nothing to hide,” she said.

Hartigan recommended the board not offer tenure to Fenton due to “unsatisfactory” performance. The Michigan Tenure Act gives school districts up to four years to evaluate “probationary” teachers.

“They are ‘at will’ employees for the first years. By the time they reach the fourth year, teachers may not be considered probationary and if not notified by May 1, we have to assume they’ll be coming back in the fall (for another probationary year),” the superintendent said.

By many accounts, Fenton has done a miraculous job since she was hired three years ago to take over as director of bands. Her annual evaluations glow with notations about student enthusiasm and investiture in the program. The school’s instrument supply, which didn’t include a piano at the time of her arrival, has grown by $4,000 in purchases— much of which has come from private donors. Leland students participated in regional Solo & Ensemble band events this year for the first time in 30 years.

But it was a lack of band members at the high school level that led to Hartigan’s recommendation to deny tenure. Middle school band participation numbers have grown or remained somewhat steady since Fenton began in the 2005-2006 school year. There were 34 middle schoolers in band that year, 43 in 2006-07, and 44 this year. However, participation by students in grades 9-12 has been substantially lower at 18, 7 and 13 students each year, respectively, with the bulk this year represented by seniors. Twenty-seven of the middle school band students will enter the high school next year as freshmen.

“High school students have a limited number of choices available because of scheduling conflicts,” Hartigan said. “They are choosing to take more academic classes. … Band has been a struggle here for years.”

In IDP (Individual Development Plans) set out earlier this year in negotiations between administrators and Fenton, she was told that the number of high school students participating in band must reach 20 this year. “We aren’t seeing growth needed in the high school to continue,” the superintendent said Monday.

But there’s a difference of opinion as to whether the mandate included students from St. Mary School.

For the past eight years, Leland has provided students from the private Lake Leelanau school with non-core instruction, receiving a portion of the state’s foundation allowance for students served. Leland and St. Mary students have performed together for the past two years. Fenton said she’s met the quota as the combined high school band of both Leland and St. Mary numbers 25 this year.

“To increase the number of Leland (high school) students to 20 this year would have required a 400 percent increase in participation,” said Fenton, who was represented by attorney Mark Clark during the meeting. “No where in the IDP was the impression that it was just Leland students.”

Hartigan said that he writes policy for Leland students — not those attending St. Mary.

There is also an apparent question as to when Fenton’s probationary period began as she served as a long-term substitute teacher at the elementary level prior to her hiring fulltime three years ago.

Board members questioned whether she could be given additional time to increase the number of high schoolers participating. Hartigan advised that the window of opportunity to act was now and recommended terminating the contract.

“We have not dropped band at Leland Public Schools. I’ve been directed to find a way to keep the band program going,” he said.

Audience members wondered whether any teacher could meet the administration’s expectations.

“You need somebody in this position with passion and enthusiasm. And if anybody has it, it’s (Fenton),” parent and musician Bryan Poirier said. “I couldn’t imagine bringing someone (other than Fenton) in to grow the program.”