Board of School Trustees of Gunning Bedford Jr. School Dist. No. 53 v. O'Brien

• Decision Date: 04 April 1963
• Citation: 6 Storey 79,190 A.2d 23,56 Del. 79
• Parties: , 56 Del. 79, 100 A.L.R.2d 1135 BOARD OF SCHOOL TRUSTEES OF the GUNNING BEDFORD JR. SCHOOL DISTRICT NO. 53, Appellant, v. James V. O'BRIEN, Appellee.
• Court: United States State Supreme Court of Delaware

Page 23

190 A.2d 23

6 Storey 79, 56 Del. 79, 100 A.L.R.2d 1135

BOARD OF SCHOOL TRUSTEES OF the GUNNING BEDFORD JR. SCHOOL DISTRICT NO. 53, Appellant, v. James V. O'BRIEN, Appellee.

Supreme Court of Delaware.

April 4, 1963.

Appeal from the Superior Court.

Joseph H. Goeghegan, of Berl, Potter & Anderson, Wilmington, for appellant.

Thomas Harlihy, Jr., and Herman Cohen, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and TERRY, JJ., sitting.

TERRY, Justice.

The appellee, James V. O'Brien, has been employed as a professional teacher by the Board of School Trustees of the Gunning Bedford Junior School District Number 53, or by one of its predecessor boards at the Delaware City School, since September, 1954. Accordingly, under the provisions of 14 De.C. § 1403, appellee qualifies as a tenure teacher and is certified to teach general music, music appreciation, elementary music, instrumental music, and vocal music. During his period of employment, appellee has taught both instrumental and vocal music. His contract, however, continued to indicate his position as that of a 'music teacher.'

Following a reorganization of various component schools of the district, appellee, beginning in September 1961, taught instrumental music only. The responsibility for teaching the other courses of music in the district were assumed by a teacher who had not achieved tenure status. During the 1961-1962 school year, enrollment in the instrumental music program declined approximately 42%. On 24 April 1962, the Board of School Trustees voted to discontinue all instruction in instrumental music. In addition to taking this action, the board notified appellee, by the formal communication required by 14 Del.C. § 1402, that because of the discontinuance of instruction in instrumental music, appellee's services were no longer required.

Mr. O'Brien elected to exercise his right to a public hearing, as provided by 14 Del.C. § 1413, and the board, after hearing testimony and receiving evidence, confirmed its previous decision. Pursuant to 14 Del.C. § 1414, appellee sought judicial review in the court below, which sustained his position. It is from the decision of that court that appellant school board prosecutes this appeal.

14 Del.C. § 1411 provides, inter alia:

'Termination at the end of the school year shall be for one or more of the following reasons: immorality; misconduct in office; incompetency; disloyalty; neglect of duty; willful and persistent insubordination; a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services.'

It is clear that the board, in making its decision, relied upon the statutory language allowing dismissal for 'a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services.' In support of its decision, the board made the following findings of fact:

(a) There has been a substantial decrease in the number of students enrolled in the instrumental music program.

(b) The education program of the district would benefit if instruction in instrumental music were replaced by instruction in art.

(c) An instructor in instrumental music will no longer be required to be employed by the school board.

(d) The total pupil enrollment in the school district has increased.

These findings of fact are supported by substantial evidence and are binding on appeal. 14 Del.C. § 1414; Board of Ed. Laurel Special School District v. Shockley, Del., 155 A.2d 323 (1959). The board, however, made no finding that the remaining program in music could be adequately directed by one teacher. The failure to make such a finding would normally necessitate a remand. However, in view of our opinion on the main issue of this appeal, we deem such action unnecessary.

Appellant's first contention is that the lower court misconstrued the meaning of the statutory term, 'decreased enrollment,' since the lower court held that there was no decrease in enrollment since the total pupil population had increased. We agree with this contention. For example, assume that the number of academic subjects taught in a particular high school decreases, while total pupil population increases as a result of an increase in the number of commercial subjects taught. It would be unreasonable to assume that the board could not dismiss a tenure teacher qualified only in academic subjects merely because total pupil population has increased. See Jones v. Holes, 334 Pa. 538, 6 A.2d 102 (1959). Appellee, however, urges that the decision may be sustained on the more narrow ground that the statutory language does not apply to the latest area of assignment within the general field of the teacher's competence, interest, and training. This contention will be considered infra.

Appellant's second contention is that appellee voluntarily accepted responsibility for the instrumental music program and was not compelled to assume this position. In the first place, we are unable to understand the thrust of this argument, since appellant concedes that appellee enjoys tenure as a 'music teacher.' In the second place, the board made no finding to this effect. In the third place, and most importantly, if the board had directed appellee to assume the duties in question, he would have been compelled to comply or risk dismissal for insubordination. Certainly, appellee should not be penalized because of his willingness to assume responsibility for an experimental program. As noted supra, at all times appellee's contract described him as a 'music teacher;' at no time was this description limited to a teacher of instrumental music.

Appellant's third and final contention is that since appellee's only duties during the last school year were as a teacher of instrumental music, the elimination of that activity justified dismissal of appellee. In support of this contention, appellant places principal reliance upon a series of decisions by the courts of Pennsylvania and California. An examination of these cases indicates little, if any, support for appellant's position.

Appellant first cites Ehret v. School District of Kulpmont, 33 Pa. 518, 5 A.2d 188 (1939). In Ehret, the kindergarten class was discontinued and the teacher responsible for this program was dismissed. The teacher appealed and argued that the board was required to either continue kindergarten classes or compensate her, regardless of the fact that there was no other area in which she was qualified to teach. Recitation of these facts clearly indicates that the position of the...