Bauer v. Transitional School Dist.

• Decision Date: 17 June 2003
• Docket Number: No. SC 84807.,SC 84807.
• Citation: 111 S.W.3d 405
• Parties: Thomas E. BAUER, Respondent, v. TRANSITIONAL SCHOOL DISTRICT OF THE CITY OF ST. LOUIS, Defendant, The Board of Education of The City of St. Louis, et al., Appellants.
• Court: Missouri Supreme Court

111 S.W.3d 405

Thomas E. BAUER, Respondent, v. TRANSITIONAL SCHOOL DISTRICT OF THE CITY OF ST. LOUIS, Defendant, The Board of Education of The City of St. Louis, et al., Appellants.

No. SC 84807.

Supreme Court of Missouri, En Banc.

June 17, 2003.

Rehearing Denied August 26, 2003.

Kenneth C. Broston, Dirk DeYong, Rufus J. Tate, St. Louis, for Appellants.

Charles R. Oldham, St. Louis, for Respondent.

STEPHEN N. LIMBAUGH, JR., Chief Justice.

The Board of Education of the City of St. Louis appeals from the issuance of a writ of mandamus by the Circuit Court of the City of St. Louis, ordering the Board to certify the "St. Louis Students' Bill of Rights" for placement on the ballot at the "next regularly scheduled general election." This Court granted a stay of the writ pending disposition of this appeal. Because this appeal involves a challenge to the validity of a Missouri statute, this Court has exclusive jurisdiction. Mo. CONST. art. V, sec. 3. The "Order and Judgment" of the circuit court is now vacated.

I.

In May 1998, the Missouri General Assembly enacted Senate Bill 781 ("SB 781"), which contained a provision titled the "St. Louis Students' Bill of Rights." Codified as section 162.666, RSMo 1998, the Students' Bill of Rights established very specific student assignment procedures and educational practices for the St. Louis City school district. Implementation of the Students' Bill of Rights, however, was not immediate upon passage of SB 781. Subsection 10 of section 162.666 provides,

The provisions of the St. Louis students' bill of rights shall only become effective upon approval by a majority of the voters of the city of St. Louis voting thereon. The governing board of the transitional district established pursuant to section 162.1100 may conduct a legal analysis of the program enumerated in this section, shall publish any such analysis and make the analysis available to the public and shall propose, to the extent that the program is consistent with the Missouri and United States Constitutions, place [sic] before the voters of the city of St. Louis no later than March 15, 1999, a proposal to implement the program. If approved by a majority of such voters, the program shall be implemented consistent with the Missouri and United States Constitutions. (Emphasis added.)

The Transitional School District ("TSD") referred to in section 162.666.10 was created under section 162.1100, RSMo 1998, which also provided that the State Board of Education could dissolve the TSD "upon a determination that the transitional school district has accomplished the purposes for which it was established and is no longer needed," sec. 162.1100.12.

Following the enactment of SB 781, TSD lawyers conducted a legal analysis of the Students' Bill of Rights as provided in section 162.666.10. The TSD declined or neglected to publish the analysis, but reportedly concluded that the Students' Bill of Rights was unconstitutional and, therefore, refused to certify it for voter approval.

After the TSD's decision, respondent filed a petition in mandamus in the circuit court to compel the TSD to certify the Students' Bill of Rights for placement on the ballot. The St. Louis Board of Election Commissioners was later joined as a defendant in the action. The circuit court, however, dismissed respondent's petition, concluding that under the terms of section 162.666.10 the constitutionality of the Students' Bill of Rights must be determined before the court could rule on whether it should be placed before the voters. On January 29, 1999, respondent supplemented his writ petition with a request for a declaratory judgment that the Students' Bill of Rights was constitutional under the Missouri and United States Constitutions. No further action was taken in the case before March 15, 1999, the deadline imposed under 162.666.10. Thereafter, on July 1, 1999, the State Board of Education, pursuant to 162.1100.12, dissolved the TSD. The Board's decision was not appealed.

On October 4, 1999, respondent filed a Second Amended Petition, adding the St. Louis Board of Education as a defendant. After temporarily being removed to federal court, the case was docketed for trial in the circuit court, although the TSD was immediately dismissed because it had been previously dissolved by the State Board of Education. At trial, the central question was the constitutionality of the Students' Bill of Rights. Deciding this question in the affirmative, the circuit court ordered both the St. Louis Board of Education and the TSD, notwithstanding its previous dismissal, to certify the Students' Bill of Rights for placement on the ballot at the "next regularly scheduled general election," and also ordered the St. Louis Board of Election Commissioners to place the issue on the ballot.

Appellant St. Louis Board of Education now argues that this case is moot and, in the alternative, that section 162.666 is unconstitutional.

II.

Appellant's mootness argument turns on the statutorily imposed deadline of March 15, 1999, the date by which section 162.666.10 states that the TSD "shall" certify the Students' Bill of Rights for voter approval. Appellant maintains that use of the word "shall" demonstrates the General Assembly's mandate that the Students' Bill of Rights be certified for placement on the ballot, if ever, "no later than March 15, 1999." On the other hand, respondent argues that the word "shall" is merely directory and does not preclude certification and a vote on the proposal after March 15, 1999.

Of course, to determine the meaning of a statute, "the starting point is the plain language of the statute itself." Jones v. Director of Revenue, 981 S.W.2d 571, 574 (Mo. banc 1998). Generally, the word "shall" connotes a mandatory duty. State ex rel. City of Blue Springs v. Rice, 853 S.W.2d 918, 920 (Mo. banc 1993). However, Missouri courts have held that "where a statute or rule does not state what results will follow in the event of a failure to comply with its terms, the rule or statute is directory and not...