Chandler v. Perry-Casa Public Schools Dist. No. 2, PERRY-CASA

• Decision Date: 03 June 1985
• Docket Number: PERRY-CASA,No. 84-306,84-306
• Citation: 690 S.W.2d 349,286 Ark. 170
• Parties: , 25 Ed. Law Rep. 706 Arland CHANDLER, Appellant, v.PUBLIC SCHOOLS DISTRICT NO. 2, et al., Appellees.
• Court: Arkansas Supreme Court

Page 349

690 S.W.2d 349

286 Ark. 170, 25 Ed. Law Rep. 706

Arland CHANDLER, Appellant, v. PERRY-CASA PUBLIC SCHOOLS DISTRICT NO. 2, et al., Appellees.

No. 84-306.

Supreme Court of Arkansas.

June 3, 1985.

Cearley, Mitchell and Roachell by Robert M. Cearley, Jr. and Marcia Barnes, Little Rock, for appellant.

G. Ross Smith, P.A. by G. Ross Smith and W. Paul Blune, Little Rock, for appellees.

PURTLE, Justice.

After pretrial briefs, testimony, and arguments of counsel, the circuit court dismissed appellant's complaint for a declaratory judgment and for a writ of mandamus. For reversal appellant argues the trial court abused its discretion in denying the petition for a writ of mandamus and erred in dismissing the complaint with prejudice. We do not agree.

Appellant entered into a contract to teach for the school year 1983-1984. The contract entered into on April 22, 1983, stated that appellant would "work as assigned by the Supt. or Prin." Although the contract was the standard Arkansas "Teacher's Contract," it did not describe appellant's classroom duties. After appellant was assigned teaching duties in secondary math and basic computer skills, some students and parents became dissatisfied with appellant's performance and petitioned the board to reassign him. At a regular board meeting on April 7, 1984, the board voted to reassign him or give him an early release from his contract. He was also suspended indefinitely. The next day the superintendent met with appellant and informed him of the board's action. At a special meeting on April 9, 1984, the board voted to rescind the suspension and reassign appellant to teach computer science. Appellant was notified of this board action by the superintendent on April 11, 1984. The following day he applied for reemployment for the 1984-1985 year. When appellant returned to work on April 16, 1984, he was removed from his math classes and assigned to teach only the computer science class. This class ended on April 27, 1984. He had no other teaching duties for the balance of the school year.

The appellant requested a hearing before the board to protest his suspension and reassignment. Pursuant to this request the board held a hearing on April 30, 1984, and rescinded the suspension action and expunged the record of appellant's suspension. The board upheld appellant's reassignment. After the reassignment, his duties were to train other teachers to operate new computers, set up computers in the elementary school library, draft a list of computer discs for math and spelling classes, and prepare a list of computer programs needed for the 1984-1985 school year.

Deeming his reassignment of duties a termination of his duties as a math teacher, appellant requested a hearing before the board. He was certified by the State Board of Education as a secondary math teacher. The appellee board did not grant him a hearing on the matter of reassignment of duties and he filed a complaint in the circuit court entitled "Complaint for Declaratory Judgment and Application for Writ of Mandamus." After a hearing the trial court held it did not have jurisdiction to issue a writ of mandamus because assignment of duties is discretionary with the school board. The complaint was dismissed with prejudice. At the time of the hearing appellant had been rehired to teach math for the 1984-1985 school year.

The first assignment of error is that the court erred in refusing to grant a writ of mandamus. In support of this argument it is urged that the Teacher Fair Dismissal Act and the Arkansas Pupil Assignment Act of 1959 mandated that appellant be allowed to continue his math teaching duties. Arkansas Stat.Ann. § 80-1234 (Repl.1980) is a part of the Arkansas Pupil Assignment Act of 1959 but this particular statute grants local boards of education the power to assign, reassign, and transfer teachers within the district. This statute has not been construed by this court. The first rule to be applied in statutory construction is to give the words in the statute their usual and ordinary meaning. If there is no ambiguity we give a statute effect just as it reads. Mourot, Freeman and Bailey v. Arkansas Board of Dispensing Opticians, 285 Ark. 128, 685 S.W.2d 502 (1985). We think the statute means exactly what it says and that the local boards of education may assign, reassign and transfer teachers within the district. The statute states: "Local Boards of Education shall have authority to assign and reassign or transfer all teachers in schools within their jurisdiction."

The purpose of the writ of mandamus is to enforce an established right or to enforce the performance of a duty. Lewis v. Conlee, 258 Ark. 715, 529 S.W.2d 132 (1975). Mandamus will not be granted to compel action on discretionary matters. The standard of review upon denial is whether ...