Finck v. Northwest School Dist. No. 52-3, Nos. 15667
| Court | South Dakota Supreme Court |
| Writing for the Court | GROSSHANS; GROSSHANS, Circuit Judge, sitting for MILLER |
| Citation | 44 Ed.LawRep. 672,417 N.W.2d 875 |
| Decision Date | 09 October 1987 |
| Docket Number | Nos. 15667,15675 |
| Parties | 44 Ed. Law Rep. 672 Mr. and Mrs. Alton FINCK and the State Superintendent of Elementary and Secondary Education, Petitioners and Appellees, v. NORTHWEST SCHOOL DISTRICT NO. 52-3, Respondent and Appellant. . Considered on Briefs |
Page 875
Elementary and Secondary Education, Petitioners
and Appellees,
v.
NORTHWEST SCHOOL DISTRICT NO. 52-3, Respondent and
Appellant.
Decided Jan. 6, 1988.
A.P. Fuller, Lead, for petitioners and appellees Mr. and Mrs. Alton finck.
Roger Tellinghuisen, Atty. Gen., Thomas Harmon, Asst. Atty. Gen., Pierre, for petitioner and appellee State Superintendent.
Page 876
Charles A. Wolsky, Vermillion, for respondent and appellant.
GROSSHANS, Circuit Judge.
Northwest School District No. 52-3 (District) assigned Mr. and Mrs. Alton Finck's (petitioners) son, Eltonjon, to a school within the district for the 1986-87 school year. The circuit court affirmed the State Superintendent of Elementary and Secondary Education's (Superintendent) reversal of District's decision. District appeals. Superintendent has filed a notice of review. We affirm all issues presented.
On March 12, 1986, District denied petitioner's request to assign Eltonjon to the Hettinger Public School System in North Dakota.
On April 5, 1986, petitioners wrote to District's school board and to Superintendent. The letter to the school board stated in part,
... we are appealing his placement, we think the best place for him is to be assigned to Hettinger Public School since after next year he will go to High School there.
The letter to Superintendent, an original, read in part:
Dr. Hanson
This is the copy of the letter sent to the Chairman of the board and members of S.W. Ind. School Dist. # 52-3 on April 5, 1986.
* * *
* * *
Therefore we are appealing Eltonjons placement, we think the best place for him to better his Education & other problems is to have him assigned to Hettinger Public school for the next year.
Superintendent received this letter on April 8, 1986.
On April 9, 1986, District's board considered petitioners' request again, refused to assign Eltonjon to the Hettinger system, and abided by their March 12th decision assigning him to a school within the district.
During this time frame Superintendent's office mailed a form titled "Appeal of School District's Student Assignment And Request For Hearing" to petitioners. Petitioners did not fill out or return the form until May 16, 1986, when they indicated they were appealing District's April 9, 1986 decision. Superintendent's office entered a typewritten notation on this form which said: "Original Request For Appeal Received April 8, 1986."
Superintendent conducted a de novo hearing on May 26, 1986. The litigating parties were present and represented by counsel. Each presented evidence in the form of exhibits and testimony. At the conclusion of the hearing, Superintendent stated "For the purpose of the record, I hereby take notice of the contents of my files, including notices and correspondence in the prior proceedings of these parties." No objection was made. 1
On June 11, 1986, Superintendent reversed the District and changed Eltonjon's school assignment to the Hettinger Public School System in Hettinger, North Dakota. Superintendent's decision was appealed to the circuit court pursuant to SDCL 1-26-37. The circuit court affirmed Superintendent's decision. After the circuit court entered its memorandum decision, Superintendent, pursuant to SDCL 15-6-60(a), moved the court to amend or correct an error in Superintendent's findings. The circuit court conducted a hearing on the motion and received evidence in the form of testimony and exhibits. The court entered findings of fact and denied the Superintendent's motion.
I.
WAS PETITIONER'S APPEAL OF DISTRICT'S STUDENT ASSIGNMENT TIMELY PURSUANT TO SDCL 13-28-15?
Page 877
Superintendent concluded that jurisdiction properly attached pursuant to SDCL 13-28-15. This statute provides:
Every school board shall make assignment and distribution of all elementary students with school residence within the district. The board shall take into consideration in assigning and distributing students its duty to provide an education within the guidelines of the state board on education's accreditation rules, the wishes of the parents or guardians of the child being assigned and the district patrons, the miles and time involved in transporting the child to school, and the educational and financial impact of the district. Any patron who is aggrieved by a decision of the school board may request a hearing within thirty days before the superintendent of education. If the superintendent has not rendered a decision within thirty days...
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Lawler v. Windmill Restaurant, No. 16074
...to the findings made and inferences drawn by an agency on questions of fact. SDCL 1-26-36, Finck v. Northwest School Dist. No. 52-3, 417 N.W.2d 875 In Wold, supra, where the trial court had reversed an agency decision awarding benefits, we affirmed the trial court decision, even though the ......
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Sopko v. C & R Transfer Co., Inc., No. 20012
...Department on factual questions. Helms v. Lynn's, Inc., 1996 SD 8, pp 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988). We examine agency findings in the same manner as the circuit court to decide whether they were clearly erroneous in light ......
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Goebel v. Warner Transp., No. 21185.
...¶ 6, 575 N.W.2d 225, 228 (citing Helms v. Lynn's, Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988)). This Court reviews agency findings in the same manner as the circuit court in deciding whether they were clearly erroneou......
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Johnson v. Albertson's, No. 21110.
...¶ 6, 575 N.W.2d 225, 228 (citing Helms v. Lynn's, Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988)). This Court reviews agency findings in the same manner as the circuit court in deciding whether they were clearly erroneou......
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Lawler v. Windmill Restaurant, No. 16074
...to the findings made and inferences drawn by an agency on questions of fact. SDCL 1-26-36, Finck v. Northwest School Dist. No. 52-3, 417 N.W.2d 875 In Wold, supra, where the trial court had reversed an agency decision awarding benefits, we affirmed the trial court decision, even though the ......
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Sopko v. C & R Transfer Co., Inc., No. 20012
...Department on factual questions. Helms v. Lynn's, Inc., 1996 SD 8, pp 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988). We examine agency findings in the same manner as the circuit court to decide whether they were clearly erroneous in light ......
-
Goebel v. Warner Transp., No. 21185.
...¶ 6, 575 N.W.2d 225, 228 (citing Helms v. Lynn's, Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988)). This Court reviews agency findings in the same manner as the circuit court in deciding whether they were clearly erroneou......
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Johnson v. Albertson's, No. 21110.
...¶ 6, 575 N.W.2d 225, 228 (citing Helms v. Lynn's, Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766; Finck v. Northwest Sch. Dist. No. 52-3, 417 N.W.2d 875, 878 (S.D.1988)). This Court reviews agency findings in the same manner as the circuit court in deciding whether they were clearly erroneou......