Sutera v. Sully Buttes Bd. of Educ., 58-2
| Decision Date | 24 May 1984 |
| Docket Number | No. 58-2,No. 14423,B,58-2,14423 |
| Citation | 351 N.W.2d 457 |
| Parties | 18 Ed. Law Rep. 723 Daniel L. SUTERA, Plaintiff and Appellee, v. SULLY BUTTES BOARD OF EDUCATION, Sully Buttes School Districtrian Meyer, Tony Todd, Cliff De Sautell, Lillian Dampbell, Cathy Davis, Leonda Wright, and Don Burgeson, Defendants and Appellants. . Considered on Briefs |
| Court | South Dakota Supreme Court |
Linda Lea Viken of Finch & Viken, Rapid City, for plaintiff and appellee.
Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellants; Patricia A. Meyers of May, Adam, Gerdes & Thompson, Pierre, on the brief.
This is an appeal from a judgment of the trial court which reversed a school board decision and reinstated a tenured teacher to employment. We affirm.
Daniel L. Sutera was a teacher in the Sully Buttes School System for thirteen years, during which time he attained tenured status. Sutera taught social sciences, driver's education, physical education, and had coaching responsibilities every year.
In 1982, appellants Sully Buttes School District and Sully Buttes Board of Education (Board) began a policy of staff reduction because of declining enrollments. As a part of this policy, Board decided that the school did not need two social science teachers, one of whom was Sutera. Board determined that between the two tenured social science teachers, Sutera's position would be eliminated. Next, Board compared Sutera to the head high school basketball coach, Mr. Burgard, who was a nontenured, first-year teacher. Although Board acknowledged that Sutera was certified to teach all the courses taught by Burgard, it concluded that Sutera was "unqualified for the position as head basketball coach at Sully Buttes High School." Consequently, Burgard was offered a contract for the 1983-84 school year, while Sutera was informed that his contract would not be renewed.
Sutera appealed Board's decision to the circuit court pursuant to SDCL 13-46-1. The court, after hearing the testimony of the parties, found that Sutera was in fact both certified and qualified to perform all of Burgard's duties. The court concluded that when Board rehired a probationary teacher rather than a certified and qualified tenured teacher, Board violated its own rules for staff reduction; therefore, it ordered that Sutera be reinstated. Board now appeals the trial court decision and contends that the court was wrong in substituting its judgment for the judgment of Board on the question of Sutera's qualifications.
We begin our analysis by noting that all statutory procedural steps were complied with in this case. There is no issue of administrative procedural deficiency, and the trial court found that the sole reason for the nonrenewal was staff reduction. The only real issue is whether the trial court erred in its finding that Sutera is qualified to be head basketball coach at Sully Buttes.
This court is cognizant of the great deference due to school board decisions in determining whether to renew a teacher's contract. As long as the school board is legitimately and legally exercising its administrative powers, the courts may not interfere with nor supplant the school board's decision making process. Schaub v. Chamberlain Bd. of Educ., 339 N.W.2d 307 (S.D.1983); Schnabel v. Alcester School Dist. No. 61-1, 295 N.W.2d 340 (S.D.1980). However, rules and regulations of any administrative agency including a school board, which are duly adopted and within the authority of the agency, are as binding as if they were statutes enacted by the legislature. Therefore, the procedures adopted by a board for it to follow in determining staff reductions have the force...
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...powers, the courts may not interfere with nor supplant the school board's decision making process." Sutera v. Sully Buttes Bd. of Educ., 351 N.W.2d 457, 458-59 (S.D. 1984) (citing Schaub v. Chamberlain Bd. of Educ., 339 N.W.2d 307 (S.D.1983); Schnabel v. Alcester School Dist. No. 61-1, 295 ......
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