Wollenzien v. Board of Ed. of Manson Community School Dist., 63840

• Decision Date: 15 October 1980
• Docket Number: No. 63840,63840
• Parties: Norene WOLLENZIEN, Appellant, v. The BOARD OF EDUCATION OF the MANSON COMMUNITY SCHOOL DISTRICT, Appellee.
• Court: Iowa Supreme Court

Page 215

297 N.W.2d 215

Norene WOLLENZIEN, Appellant, v. The BOARD OF EDUCATION OF the MANSON COMMUNITY SCHOOL DISTRICT, Appellee.

No. 63840.

Supreme Court of Iowa.

Oct. 15, 1980.

Murray & Blackburn, P.C., Fort Dodge, for appellant.

McCullough Law Firm, P.C., Sac City, for appellee.

Considered by UHLENHOPP, P. J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.

HARRIS, Justice.

Plaintiff lost her teaching position when it was eliminated as a part of the school's staff reduction policy. The action of the school board was upheld on appeal to an adjudicator, acting pursuant to section 279.17, The Code 1979. The trial court, sitting in review of the adjudicator, upheld the termination of plaintiff's employment on substantive grounds. We do not reach the substantive grounds because we find the adjudicator's determination became final and binding when it went unchallenged for ten days. We dismiss the appeal.

Plaintiff was employed by the Manson Community School District as a high school English teacher beginning with the fall term 1974. In the fall of 1976 the Manson school superintendent became concerned with declining enrollment and, together with his administrative team, prepared a study of anticipated staff requirements for the 1977-78 school year. It was concluded that it would be necessary to eliminate two teaching positions. To accomplish this reduction the school board formally adopted a staff reduction policy, which provided in part:

Administration shall base its decision as to resulting contract renewals on the relative skill, ability, competence and qualifications of available teachers to do the available work on the basis of administrative evaluation. If a choice must be made between two or more teachers of equal skill, ability, competence and qualifications to do the available work, the choice shall then be based on the professional preparation first, then experience in the local system, and finally total teaching experience.

Plaintiff was evaluated on three occasions under standard criteria then in effect for local teachers. Ten others with whom she was competing for the remaining jobs were evaluated from one to three times. All 11 teachers were found to be doing satisfactory work and all were competent and possessed relative skill and ability. Accordingly the administrative team proceeded to consider "professional preparation, experience, and total teaching experience."

Plaintiff was singled out at this stage because she was certified to teach only English, whereas the other candidates for termination were either certified in more than one area or possessed some additional characteristic, such as a master's degree. In January 1977 plaintiff was advised by the superintendent that she would be recommended for termination after the 1976-77 contract period.

Pursuant to section 279.15, The Code, plaintiff requested a private hearing before the school board. The hearing was held in April 1977 and resulted in written findings and conclusions which terminated her contract at the end of that school year. Thereafter, pursuant to section 279.17, plaintiff appealed her termination to an adjudicator. The adjudicator filed a decision June 9, 1977. That decision upheld the school board. Plaintiff took no action upon the adjudicator's decision until July 5, 1977, when she filed a notice of appeal, pursuant to section 279.18, The Code. That appeal was submitted to the trial court and resulted in the decision which is the subject of this appeal.

The first question, which we find dispositive, is whether section 279.17 requires written rejection of an adjudicator's decision by the teacher to the school board before the teacher may appeal under 279.18. Section 279.17 provides in relevant part:

The decision of the adjudicator shall become the final and binding decision of the board unless either party within ten days notifies the secretary of the board that the decision is rejected. The board may reject the decision by majority vote, by roll call, in open meeting and entered into the minutes of the meeting. The board shall immediately notify the teacher of its decision by certified mail. The teacher may reject the adjudicator's decision by notifying the board's secretary in writing within ten days of the filing of such decision. (Emphasis added.)

Section 279.18 provides for an appeal to the courts. It states in relevant part:

If either party rejects the adjudicator's decision, the rejecting party shall, within thirty days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the school district is located.

Plaintiff did not reject the adjudicator's decision by notifying the school board secretary in writing within ten days following the filing of the adjudicator's decision. The question becomes whether the provisions of ...