Ford v. Caldwell Parish School Bd.

• Decision Date: 29 March 1989
• Docket Number: No. 20351-CA,20351-CA
• Citation: 541 So.2d 955
• Parties: Rosemary FORD, Plaintiff/Appellant, v. CALDWELL PARISH SCHOOL BOARD, et al., Defendants/Appellees. 541 So.2d 955, 53 Ed. Law Rep. 358
• Court: Court of Appeal of Louisiana — District of US

Page 955

541 So.2d 955

Rosemary FORD, Plaintiff/Appellant, v. CALDWELL PARISH SCHOOL BOARD, et al., Defendants/Appellees.

No. 20351-CA.

541 So.2d 955, 53 Ed. Law Rep. 358

Court of Appeal of Louisiana, Second Circuit.

March 29, 1989.

Minard & Mixon by Cameron Minard, Columbia, for plaintiff/appellant.

Don C. Burns, Dist. Atty., Iley H. Evans, Asst. Dist. Atty., Columbia, Theus, Grisham, Davis & Leigh by James M. Edwards, Monroe, for defendants/appellees.

Before HALL, C.J., and MARVIN and LINDSAY, JJ.

HALL, Chief Judge.

Plaintiff, Rosemary Ford, filed suit against the Caldwell Parish School Board, several members of the board who voted in favor of her dismissal, the principal of the elementary school at which she taught, and an elementary school supervisor, alleging she had been wrongfully discharged as a non-tenured probationary teacher and seeking reinstatement to her position with salary and damages. She was discharged by the board after a hearing pursuant to the written recommendation of the superintendent accompanied by reasons. Her dismissal arose out of a conflict with supervisory personnel over her organization of a class for preschool age children to which she was assigned after being employed at the beginning of the school year.

The school board's liability insurer was subsequently added as a defendant. Plaintiff later moved for a trial by jury and sought to take the depositions of the principal and the supervisor.

After various interlocutory proceedings, the district court ultimately ruled that plaintiff was entitled only to limited judicial review of her discharge by the school board and that the review would be limited to an examination of the transcript of the due process hearing held by the school board prior to her dismissal. Plaintiff's motion for jury trial was denied and she was not allowed to take depositions. After review of the hearing transcript the district court upheld the actions of the school board and dismissed plaintiff's suit as to all defendants.

Plaintiff appealed. Her complaints on appeal can be summarized as follows:

(1) the trial court erred in limiting it's review of the school board action to a review of the transcript of the unsworn testimony taken at the due process hearing held by the school board; the court should have held a trial to give plaintiff the opportunity to prove her allegations that the charges against her were unfounded and to prove that the hearing was unfair because the principal and supervisor contacted the school board members prior to the hearing and got their commitment to fire plaintiff;

(2) the trial court erred in denying plaintiff a jury trial as to the individual defendants other than the school board;

(3) the trial court erred in not allowing plaintiff to take the discovery depositions of the principal and supervisor.

We first consider the nature of plaintiff's suit. All relief sought by plaintiff stems from her claim of wrongful discharge by the school board in violation of the teacher tenure law, LSA-R.S. 17:441 et seq. If her dismissal was lawful and in accordance with the teacher tenure law then she is entitled to none of the relief she seeks against any of the defendants.

Thus, the essence of the suit is judicial review of the action of the school board. A jury trial of a suit against the school board is prohibited by LSA-R.S. 13:5105. By naming the school board members, school officials, and the school board's liability insurer as defendants, plaintiff cannot change the character of her action, or at least the threshold issue in her action, from a suit seeking judicial review of her discharge by the school board under the teacher tenure law, for which a jury trial is not available, to some form of action for which a jury trial is available. See Anderson v. St. Bernard Parish, 503 So.2d 549 (La.App. 4th Cir.1987). The district court did not err in striking plaintiff's request for a jury trial in this action for judicial review of the school board's decision to discharge her.

We next consider the extent and scope of judicial review of the discharge of a probationary teacher by the school board, and whether plaintiff was entitled to a trial de novo or to present additional evidence in the district court.

Discharge of probationary teachers is governed by LSA-R.S. 17:442 which provides in pertinent part:

"Each teacher shall serve a probationary term of three years to be reckoned from the date of his first appointment in the parish or city in which the teacher is serving his probation. During the probationary term the parish or city school board, as the case may be, may dismiss or discharge any probationary teacher upon the written recommendation of the parish or city superintendent of schools, as the case may be, accompanied by valid reasons therefor.

Unlike the provisions of LSA-R.S. 17:443 ¹ governing the discharge of tenured teachers, section 442 does not require specific enumerated grounds for discharge, a hearing by the school board prior to discharge, or judicial review of the school board action. Section 442 provides only that the school board may discharge any probationary teacher upon written recommendation of the superintendent accompanied by valid reasons therefor. A school board may discharge or decline to renew the contract of a probationary teacher without notice or a hearing. Foreman v. Vermillion Parish School Board, 353 So.2d 471 (La.App. 3d Cir.1977), writ denied 355 So.2d 257 (La.1978); Castille v. Evangeline Parish School Board, 304 So.2d 701 (La.App. 3d Cir.1974), writ denied 309 So.2d 342 (La.1975); Booker v. Richland Parish School Board, 393 So.2d 785 (La.App. 2d Cir.1981); Hayward v. Rapides Parish School Board, 374 So.2d 1281 (La.App. 3d Cir.1979), writ denied 376 So.2d 1267 (La.1979).

Although the statute does not provide for judicial review, it has been held that judicial review of the discharge of a probationary teacher is available to assure that the school board did not abuse its discretion. Myres v. Orleans Parish School Board, 423 So.2d 1303 (La.App. 4th Cir.1982), writ denied 430 So.2d 657 (La.1983). The cases also indicate that "valid reasons" for discharge must, in fact, exist. See Dean v. Tensas Parish School Board, 505 So.2d 908, 912 (La.App. 2d Cir.1987), writ denied 508 So.2d 826 (La.1987); Hayward v. Rapides Parish School Board, supra.

In the case of tenured teachers, judicial review does not require a trial de novo but the teacher may offer evidence which does not duplicate that presented at the school board hearing. Lewis v. East Feliciana Parish School Board, 372 So.2d 649 (La.App. 1st Cir.1979), writ denied 375 So.2d 959 (La.1979); and 452 So.2d 1275 (La.App. 1st Cir.1984), writ denied 458 So.2d 123 (La.1984). A non-tenured teacher discharged after a school board hearing should not be afforded greater rights of judicial review than a tenured teacher. Where, as here, the probationary teacher is afforded a full scale hearing at which all parties in interest are heard, including the teacher, it is not error for the district court to limit its review to an examination of the transcript of the hearing, unless there is a showing of a need for additional evidence.

Plaintiff's allegations and contentions in this case do not demonstrate a need for additional evidence. She has not alleged or argued at any stage of these proceedings that there exists any additional evidence as to the circumstances giving rise to the stated reasons for her discharge. She was allowed to give her version of the events at length and in detail at the school board hearing. She was given ample notice of the hearing, was represented by counsel at the hearing, and made no request that the witnesses be placed under oath. Her quarrel does not seem to be with the facts, but with whether her actions were justified and whether those actions constituted valid reasons for her discharge. Under the circumstances of this case, the district court did not abuse its discretion in limiting review to the transcript of the school board hearing.

After ruling that review would be limited to examination of the transcript of the hearing and that additional evidence would not be allowed, the district court did not err in refusing to allow plaintiff to take discovery depositions of potential witnesses.

In determining whether there were valid reasons for discharge, the role of the reviewing court is to determine whether the great discretion of the school board was abused. Where there is a rational basis, supported by substantial evidence, for the school board's discretionary determination, the courts cannot and should not substitute their judgment for that of the school board. Myres v. Orleans Parish School Board, supra. The reasons for dismissal of a probationary teacher are committed to the sound discretion of the school board, and unless the teacher can clearly show the board abused its discretion, the court will not interfere. State, ex rel Piper v. East Baton Rouge Parish School Board, 213 La. 885, 35 So.2d 804 (1948); Noel v. Andrus, 810 F.2d 1388 (5th Cir.1987). When the legislature provided that a probationary teacher can be discharged simply for "valid reasons", in contradistinction to the specified grounds of discharge in the case of tenured teachers, the legislative intent was to provide a large measure of discretion to school boards in the discharge of such probationary teachers. Although the school board is not authorized to discharge a probationary teacher without any cause at all, State, ex rel Nobles v. Bienville Parish School Board, 200 La. 983, 9 So.2d 310 (1942), the discretion given to the school board in discharging, for valid reasons, teachers during their probationary terms is for the purpose of weeding out personnel whose attitude or performance, while...