Barnett v. Mountain View Sch. Dist.

• Decision Date: 21 April 2010
• Docket Number: No. CA 09–976.,CA 09–976.
• Parties: Troyce D. BARNETT, Appellant v. MOUNTAIN VIEW SCHOOL DISTRICT, Appellee.
• Court: Arkansas Court of Appeals

2010 Ark. App. 333
374 S.W.3d 851

Troyce D. BARNETT, Appellant
v.
MOUNTAIN VIEW SCHOOL DISTRICT, Appellee.

No. CA 09–976.

Court of Appeals of Arkansas.

April 21, 2010.

[374 S.W.3d 853]

Carey Brian Meadors, Pryor, Robertson, Beasley & Smith, PLLC, Fort Smith, AR, for appellant.

Donn H. Mixon, Mixon Law Firm, Rebecca Worsham, Jonesboro, AR, for appellee.

LARRY D. VAUGHT, Chief Judge.

[Ark. App. 1]Appellant Troyce Barnett filed a complaint in the Circuit Court of Stone County pursuant to the Teacher Fair Dismissal Act of 1983 (Repl.2007 and Supp.2009), against appellee Mountain View School District challenging his termination by the District's Board of Directors. After the parties filed cross-motions for summary judgment, the trial court entered an order denying Barnett's motion and granting the District's. Barnett appeals the dismissal of his claim, arguing that the unambiguous terms of his teacher's contract governed and that the trial court erred in considering parol evidence in construing that contract. We agree and reverse and remand.

The facts in this case are largely undisputed. In 1986, Barnett became licensed in Arkansas to teach secondary career opportunities and agriculture science. When Barnett's [Ark. App. 2]teaching job was eliminated due to consolidation in 2006, he interviewed with the superintendent of the District for a new position teaching environmental and earth science, for which he was not licensed. Barnett said that during this interview, he and the superintendent discussed the need to become licensed to teach these science classes, and Barnett acknowledged that he understood he would have to take and pass licensure exams.

On July 27, 2006, the District's Board of Directors voted to hire Barnett as a “Middle School/High School Science Teacher.” However, because Barnett was not licensed in Arkansas to teach science, the District was required to seek a waiver from the Arkansas Department of Education (ADE) so that he could teach without a license. Along with the request for the waiver, the District submitted to the ADE a document entitled, “Arkansas Department of Education, Physical/Earth Science, Grades 7–12, Additional Licensure Plan (area 169),” that was executed by Barnett and the District on August 9, 2006. The Additional Licensure Plan (ALP) provided that Barnett would teach environmental and earth science for the District for the 2006–07 school year; however, it also required that Barnett take examinations to become licensed in these fields. The ALP required that Barnett would have no more than three calendar years to meet full licensure requirements. Subsequently, on September 6, 2006, Barnett and the District entered into a document entitled, “Teacher's Contract,” employing Barnett for the 2006–07 school year as a “teacher.” Thereafter, on April 11, 2007, the ADE granted the District a waiver, permitting Barnett to teach out of his licensure area.

Barnett taught science for the District throughout the 2006–07 school year. During

[374 S.W.3d 854]

Ark. App. 3]that year, Barnett and his principal visited about Barnett taking the licensure tests. Toward the end of the school year, Barnett took one of the tests. He learned over the summer break that he did not pass. Barnett returned to teach science for the District for the 2007–08 school year; however, the District neither executed an ALP with Barnett, nor did it apply for or receive a waiver from ADE for Barnett for that year. During that year Barnett advised his principal that he failed the licensure test. According to Barnett, his principal told him, “don't sweat it” and that the District “never get[s] rid of good teachers.” Barnett taught science the entire 2007–08 school year. He took the test again in the summer of 2008. He did not pass. According to Barnett, he informed his principal about his failure and was encouraged to take the test again.

On May 28, 2008, the District and Barnett entered into another teacher's contract whereby Barnett was hired for the 2008–09 school year as a “high school teacher.” At the onset of the 2008–09 school year, Barnett's principal and a new superintendent approached Barnett and informed him that he was not making progress toward licensure. They further advised that he had to pass the licensure tests. As a result of this meeting, on August 11, 2008, the District and Barnett entered into a second ALP that required Barnett to take licensure exams monthly until he passed. This ALP also reflected that Barnett planned to take two tests on September 13, 2008.¹

For the 2008–09 school year, the District sought to obtain another waiver from the ADE on behalf of Barnett, and it submitted the August 2008 ALP with its request. On [Ark. App. 4]September 11, 2008, the District was notified by the ADE that the waiver was denied because Barnett failed to demonstrate adequate yearly progress toward licensure.

Without the ADE waiver, Barnett could not teach for the District outside the field for which he was licensed. Barnett was transferred to another school within the District teaching special education. On October 21, 2008, the new superintendent asked Barnett if he was interested in teaching as a substitute. Barnett rejected this offer, relying upon his teacher's contract. Within a couple of hours, the new superintendent hand delivered a letter to Barnett, immediately suspending him and providing official notice of the District's termination recommendation.

A termination hearing was held in December 2008, and the District's Board of Directors voted unanimously to terminate Barnett based on the following grounds: he failed to complete the requirements for licensure and taught part of the 2008–09 school year without having the required licensure, he was not licensed to teach the area for which he was contracted, he failed to notify the superintendent that he was teaching without correct licensure, and he caused the District to be out of compliance with state regulations because a waiver had been denied for him to teach for the...