Moran v. Rapid City Area School Dist. No. 51-4, Pennington and Meade Counties, 12452

• Citation: 281 N.W.2d 595
• Decision Date: 18 July 1979
• Docket Number: No. 12452,12452
• Parties: Lorraine MORAN, Respondent, v. RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, PENNINGTON AND MEADE COUNTIES, Appellant.
• Court: Supreme Court of South Dakota

Page 595

281 N.W.2d 595

Lorraine MORAN, Respondent, v. RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, PENNINGTON AND MEADE COUNTIES, Appellant.

No. 12452.

Supreme Court of South Dakota.

Argued Feb. 21, 1979.

Decided July 18, 1979.

William H. Coacher, Sturgis, for respondent.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellant.

MORGAN, Justice.

This is an appeal from a decision of the Circuit Court for the Seventh Judicial Circuit, Pennington County, reversing on procedural grounds the decision of the school board of Rapid City Area School District No. 51-4 (appellant) not to renew the teaching contract of Lorraine Moran (respondent), for the 1977-78 school year. The procedural defects observed by the trial court were: (1) The "apparent" bias of the president of the school board, presiding officer at the hearing; and (2) the refusal to permit respondent and her lay counsel an opportunity to see two exhibits prior to their admission into evidence. ¹ We reverse the decision of the trial court on the procedural issues and remand it for further consideration.

The issues before us are: (1) Whether the trial court misunderstood the scope of review under the trial de novo proceeding of SDCL 13-46-6; (2) whether the president of the school board was disqualified from presiding at a hearing held at respondent's request, pursuant to SDCL 13-43-10.1, to determine whether the school board should reconsider the decision not to renew respondent's contract for the 1977-78 school year; and (3) whether the refusal of examination of two exhibits before they were received into evidence was so egregious an error as to violate respondent's constitutional right to due process.

The procedural facts pertinent to our decision begin with the initial decision of the school board at a meeting on March 15, 1977, not to rehire respondent for the 1977-78 school year. She was so notified the following day by letter from the school board president, which letter also informed respondent of her right to request a hearing before the school board in executive session at which the school board would be prepared to state the reasons for the determination, and at which respondent could present any evidence she wished to present. Respondent was also advised of her right to have counsel present. The hearing was scheduled for March 30. On March 29, respondent was informed who would be testifying in support of the recommendation for nonrenewal; a list of parents who had made various requests regarding her would be presented; and there may be a letter from one of her pupil's mother presented. The hearing was postponed until April 19, 1977, because of a severe snowstorm. At the hearing, which was presided over by the president of the school board, in addition to the testimony of witnesses, a list of twenty-three parents who had requested either that their child not be assigned to respondent's classroom or that their child be assigned to another teacher (Exhibit B) and a letter written by a parent of one of respondent's pupils (Exhibit C) were presented and received into evidence. Respondent's testimony in support of her retention was also received. Following the hearing, the school board came out of executive session and voted unanimously to reaffirm the decision not to renew respondent's contract. On appeal, the circuit court trial consisted of "reconstituting" the hearing with the witnesses, as well as the four board members themselves, testifying as to what had transpired at the school board hearing.

At the conclusion of the hearing on December 14, 1977, the trial court announced its decision from the bench. This was incorporated in its decision and order entered on January 4, 1978. Although the record does not disclose a formal waiver of findings of fact and conclusions of law, lacking any objection in the record to the form of the decision, we will treat the findings and conclusions contained in the decision as findings of fact and conclusions of law.

We first review the issue of the scope of review on appeal from the decision of the school board.

A teacher who is aggrieved by a decision of a school board is entitled to appeal that decision to the circuit court for a trial de novo. SDCL 13-46. This trial de novo, however, is not a trial de novo in the true sense of the phrase. It is a limited type of hearing at which the circuit court takes evidence and hears testimony solely for the purpose of determining the legality, and not the propriety, of the school board's decision. Huffman v. Bd. of Ed. of Mobridge Ind. Sch. Dist., Etc., 265 N.W.2d 262 (S.D.1978); Collins v. Wakonda Ind. School Dist. No. 1, 252 N.W.2d 646 (S.D.1977); Mortweet v. Ethan Bd. of Ed., Davison Cty., 241 N.W.2d 580 (S.D.1976). It differs from a true trial de novo in that the court may not substitute its judgment for that of the school board, and the court need not justify the school board's decision by a preponderance of the evidence received. Mortweet v. Ethan Bd. of Ed., Davison Cty., supra. This interpretation of the term "trial de novo" for the purposes of SDCL 13-46 is based upon the constitutional doctrine of separation of powers. School boards are creatures of the legislature and are a part of the legislative branch of government. Therefore, the judiciary may not invade the province of the school board's decision making unless such decision making is done contrary to law. In Dunker v. Brown County Board of Education, 80 S.D. 193, 203-204, 121 N.W.2d 10, 17 (1963), this court stated:

Only when the legislative agency has acted unreasonably, arbitrarily, or has manifestly abused its discretion in exercising legislative authority may the courts interfere with the action of the county boards in this area. (Citations omitted.)

The constitutional separation of powers cannot be done away with by legislative action. (Citations omitted.) Consequently, (SDCL 13-46-6), providing for de novo trials when county school board matters are appealed to the circuit court may not be given a literal construction. To do so would be to presume that the legislature intended to confer upon the courts powers inconsistent with the discharge of their inherent judicial functions. This we may not do. ²

The power to contract with teachers is vested in the school board and the decision to renew or not renew a teacher's contract is not one for the judiciary. As long as the school board is legitimately and legally exercising its administrative power, the courts may not interfere with nor supplant the school board's decision-making process. Mortweet v. Ethan Bd. of Ed., Davison Cty., supra.

The scope of the review by the circuit court is limited, then, to determining the legality of the school board's decision. In determining whether the decision was legal, the circuit court reviews the decision in two aspects. First, whether the school board acted legally, and second, whether the school board's decision was arbitrary, capricious, or an abuse of their discretion. Huffman v. Bd. of Ed. of Mobridge Ind. Sch. Dist., Etc., supra; Collins v. Wakonda Ind. School Dist. No. 1, supra; Mortweet v. Ethan Bd. of Ed., Davison Cty., supra. This scope of review, however, has been variously stated in the above cases, causing some confusion. For that reason, we will analyze and explain the guidelines for application of this scope of review. ³

First, the circuit court must examine the procedural legality of the school board's action. This includes not only whether the school board was vested with statutory authority to act, which is seldom questioned, but it also encompasses the school board's compliance with whatever procedural requirements the law may impose. In the instant case, the statutory procedural requirements are contained in SDCL 13-43-9.1 through SDCL 13-43-10.1 and those procedural requirements must be followed. Our state and federal constitutions, however, also impose procedural requirements and compliance with those requirements, in addition to the statutory requirements, is necessary for the school board's action to be legal. A violation of an individual's due process, equal protection, first amendment, or other rights guaranteed by our state or federal constitutions, even if there is full compliance with the statutory requirements, is grounds for a determination that the school board acted illegally and therefore its decision was illegal.

The second aspect of the circuit court's review is a determination whether or not the school board's decision was arbitrary, capricious, or an abuse of discretion. A conclusion by the circuit court that the school board did act in such a manner is, similarly yet independently, a ground for a determination that the school board acted illegally and its decision was illegal. We agree with that portion of Presiding Judge Hanson's dissent in Dunker v. Brown County Board of Education, supra, wherein he stated:

Ours is a government of laws and not of men. This is a fundamental concept of our form of government. In essence, it means that personal and property rights must be determined according to stated and defined rules of law rather than by the unbridled whim and fancy of administrative officials and agencies. Accordingly, the legislature cannot constitutionally delegate unrestrained power and unlimited discretionary authority. To do so would constitute an unlawful delegation of legislative power. "In order to avoid an unlawful delegation of power, the legislative authority must declare the policy or purpose of the law and, as a general rule, must also fix the legal principles which are to control in given cases by setting up standards or guides to indicate the extent, and prescribe the limits, of the discretion which may be exercised under the statute or ordinance by the administrative agency. . . . " (Citation omitted.) 121 N.W.2d at 18.

In determining whether the school board's decision was arbitrary, capricious or an...