Weltz v. Board of Educ. of Scotland School Dist. No. 4-3 of Bon Homme County, No. 13746

CourtSupreme Court of South Dakota
Writing for the CourtMORGAN
Citation329 N.W.2d 131
Parties8 Ed. Law Rep. 1130 Gertrude WELTZ, Plaintiff and Appellant, v. The BOARD OF EDUCATION OF SCOTLAND SCHOOL DISTRICT # 4-3 OF BON HOMME COUNTY, South Dakota, Defendant and Appellee. . Considered on Briefs
Decision Date15 October 1982
Docket NumberNo. 13746

Page 131

329 N.W.2d 131
8 Ed. Law Rep. 1130
Gertrude WELTZ, Plaintiff and Appellant,
v.
The BOARD OF EDUCATION OF SCOTLAND SCHOOL DISTRICT # 4-3 OF
BON HOMME COUNTY, South Dakota, Defendant and
Appellee.
No. 13746.
Supreme Court of South Dakota.
Considered on Briefs Oct. 15, 1982.
Decided Jan. 19, 1983.

Page 132

John P. Blackburn of Blackburn Law Offices, Yankton, for plaintiff and appellant; Donna K. Dietrich of Blackburn Law Offices, Yankton, on brief.

Glenn Roth, Freeman, for defendant and appellee; Edward A. Jacobson of Boerner & Gardalen, Ida Grove, on brief.

MORGAN, Justice.

This appeal arises from a judgment for dismissal of a lawsuit for breach of contract. Appellant, Gertrude Weltz (Weltz), was terminated from her employment as business manager at Scotland School District, appellee (district). After a trial to the court, findings of fact, conclusions of law, and a judgment for the district were entered. Weltz appeals and we reverse and remand.

Weltz was first employed as a clerk by district in June 1971. In 1974, Weltz was hired for the position of business manager. From the time Weltz became business manager, she had a year-to-year contract which she negotiated each spring with the school board of district. In June 1980, the school board refused to give Weltz a fourteen percent raise and refused to offer her a contract renewing her employment. The school board advertised for and hired a new business manager. Weltz brought this action contending that school board of the district improperly terminated her contract under the provisions of the Teachers Continuing Contract Law as embodied in SDCL ch. 13-43. 1 Weltz seeks

Page 133

compensation under that contract for the 1980-81 school year.

On this appeal, the dispositive issue is whether Weltz was an administrative employee as defined in SDCL 13-43-12, thereby triggering the automatic renewal provisions of SDCL 13-43-9.1.

Notice of termination is required by SDCL 13-43-9.1 which provides, in pertinent part: "On or before the third Monday in March, the school board shall notify in writing a teacher who is in or beyond the third full term of employment in a school district of its intention not to renew a teacher's contract ...." For the purpose of SDCL 13-43-9.1, SDCL 13-43-12 defines the term "teacher" as "any person engaged in the profession of teaching children, grades kindergarten through twelve in the public schools of South Dakota and any person employed in the public schools as a principal, superintendent or other administrative school employee." (Emphasis added.) The consequences of a school board's failure to comply with SDCL 13-43-9.1 are stated in SDCL 13-43-10. That statute provides:

Not earlier than fourteen days nor later than twenty-one days after the notice of intent as provided in Sec. 13-43-9.1, such teacher shall be notified in writing by the board of the board's determination not to renew the teacher's contract for the ensuing school year. Failure by the board or the superintendent to comply with the provisions and notices of Secs. 13-43-9.1 and 13-43-10 shall constitute an offer on the part of the board to renew the contract for the ensuing school year under the same terms and...

To continue reading

Request your trial
14 practice notes
  • Maryland Com'n on Human Relations v. Downey Communications, Inc., No. 931
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1995
    ...a governmental entity will not act, resort to the courts is appropriate."); Weltz v. Board of Education of Scotland School District, 329 N.W.2d 131, 132-33 n. 1 (S.D.1983) (exhaustion not required where agency fails to act). Cf. Gianforte v. Board of License Commissioners for Baltimore......
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...Bd., 382 N.W.2d 26 (S.D.1986); Matter of S.D. Water Mgmt. Bd., 351 N.W.2d 119 (S.D.1984); Weltz v. Bd. of Educ. of Scotland Sch. Dist., 329 N.W.2d 131 Some of these same decisions, plus several others, seem to indicate, however, that the entire decision is reviewed under the clearly erroneo......
  • McElhaney v. Eli Lilly & Co., Civ. No. 80-3069.
    • United States
    • U.S. District Court — District of South Dakota
    • May 16, 1983
    ...Supreme Court has frequently adopted the reasoning of the California Supreme Court. E.g. Weltz v. Bd. of Educ. of Scotland Sch. Dist., 329 N.W.2d 131 (S.D.1982); State v. Soft, 329 N.W.2d 128 (S.D.1982); from 1966 to May of 1983, the South Dakota Supreme Court has cited either the Californi......
  • Petition of Famous Brands, Inc., No. 14269
    • United States
    • South Dakota Supreme Court
    • February 16, 1984
    ...N.W.2d 828 (S.D.1983); Deuter v. South Dakota Highway Patrol, 330 N.W.2d 533 (S.D.1983); Weltz v. Bd. of Educ. of Scotland School Dist., 329 N.W.2d 131 (S.D.1983); Hartpence v. Youth Forestry Camp, 325 N.W.2d 292 (S.D.1982); Matter of Establishing Certain Territorial Elec. Boundaries, 318 N......
  • Request a trial to view additional results
14 cases
  • Maryland Com'n on Human Relations v. Downey Communications, Inc., No. 931
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1995
    ...a governmental entity will not act, resort to the courts is appropriate."); Weltz v. Board of Education of Scotland School District, 329 N.W.2d 131, 132-33 n. 1 (S.D.1983) (exhaustion not required where agency fails to act). Cf. Gianforte v. Board of License Commissioners for Baltimore......
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...Bd., 382 N.W.2d 26 (S.D.1986); Matter of S.D. Water Mgmt. Bd., 351 N.W.2d 119 (S.D.1984); Weltz v. Bd. of Educ. of Scotland Sch. Dist., 329 N.W.2d 131 Some of these same decisions, plus several others, seem to indicate, however, that the entire decision is reviewed under the clearly erroneo......
  • McElhaney v. Eli Lilly & Co., Civ. No. 80-3069.
    • United States
    • U.S. District Court — District of South Dakota
    • May 16, 1983
    ...Supreme Court has frequently adopted the reasoning of the California Supreme Court. E.g. Weltz v. Bd. of Educ. of Scotland Sch. Dist., 329 N.W.2d 131 (S.D.1982); State v. Soft, 329 N.W.2d 128 (S.D.1982); from 1966 to May of 1983, the South Dakota Supreme Court has cited either the Californi......
  • Petition of Famous Brands, Inc., No. 14269
    • United States
    • South Dakota Supreme Court
    • February 16, 1984
    ...N.W.2d 828 (S.D.1983); Deuter v. South Dakota Highway Patrol, 330 N.W.2d 533 (S.D.1983); Weltz v. Bd. of Educ. of Scotland School Dist., 329 N.W.2d 131 (S.D.1983); Hartpence v. Youth Forestry Camp, 325 N.W.2d 292 (S.D.1982); Matter of Establishing Certain Territorial Elec. Boundaries, 318 N......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT