Wood v. Independent School Dist. No. 141 of Pottawatomie County

• Decision Date: 22 March 1983
• Docket Number: No. 141,No. 56901,141,56901
• Citation: 1983 OK 30,661 P.2d 892
• Parties: 10 Ed. Law Rep. 819, 1983 OK 30 Jane WOOD, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 141 OF POTTAWATOMIE COUNTY, Oklahoma and William J. Wilson, James W. Foshee, Joe H. Lucy, Robert F. Lempges, and Frank Cotton in their official capacities as members of the Board of Education of Independent School Districtof Pottawatomie County, Oklahoma, Appellees.
• Court: Oklahoma Supreme Court

Page 892

661 P.2d 892

10 Ed. Law Rep. 819, 1983 OK 30

Jane WOOD, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 141 OF POTTAWATOMIE COUNTY Oklahoma and William J. Wilson, James W. Foshee, Joe H Lucy, Robert F. Lempges, and Frank Cotton in their official capacities as members of the Board of Education of Independent School District No. 141 of Pottawatomie County Oklahoma, Appellees.

No. 56901.

Supreme Court of Oklahoma.

March 22, 1983.

As Modified on Denial of Rehearing

April 25, 1983.

Appeal from the District Court of Pottawatomie County; Donald E. Powers, District Judge.

Appeal by nontenured teacher from a district court finding that due process had been fully afforded by the school board in reaching its decision not to renew her teaching contract.

AFFIRMED.

Fagin, Hewett, Mathews & Fagin, Arnold D. Fagin and Donita C. Bourns, Oklahoma City, for appellant.

Don S. Bushong, Shawnee, for appellees.

DOOLIN, Justice:

This appeal presents the question of what process is due a nontenured teacher when a decision is made not to renew her teaching contract.

Appellant Jane Wood ("Teacher") was employed as a special education teacher in the McLoud School System for the 1977-78 and 1978-79 school years. Her written employment contract provided for automatic renewal each year unless written notice to the contrary was provided by April 10 of the contract year.

Teacher was evaluated six times by the principal of her school during the two years she was employed by the McLoud School District. In the two evaluations for the first year, Teacher was rated well above the satisfactory level in all areas. Her first evaluation in the second year, in November 1978, showed a marked decline in performance in several areas, but no unsatisfactory ratings. The second evaluation, in February 1979, indicated, for the first time, that Teacher was not performing satisfactorily. The principal stated that her working relationship with the school counsellor was so poor that nonrenewal would be recommended. Principal suggested that Teacher quietly resign. She declined to do so.

Teacher's final two evaluations showed an increasing dissatisfaction with her performance. She received unsatisfactory ratings in three areas: (1) common sense, good judgment; (2) quality of work (penmanship); and (3) working relationship with counsellor. She was also criticized for the amount of controversy generated in the school regarding her evaluations and for obtaining assistance of counsel in framing responses to her evaluations.

Nonrenewal of Teacher's contract was recommended on April 2, 1979 by the principal. Teacher was informed the following day. She promptly requested a due process hearing as provided by 70 O.S.1981, § 6-101(E). The hearing before the McLoud School Board was held May 22, 1979. Teacher appeared in person and was represented by a teacher's association employee, a lay person. Teacher and a co-worker testified on her behalf. Principal testified in defense of the recommendation not to renew. Teacher's contract was not renewed for the 1979-80 school year.

Teacher brought suit in district court against the McLoud School System and against school board members as individuals. She alleged that the board's action was invalid as statutory provisions for nonrenewal had not been strictly followed and, consequently, she had been deprived of due process. The trial judge validated the board's action, finding that due process had been fully afforded.

Teacher appeals from the district court findings, asserting that she has been deprived of both substantive and procedural due process. She argues that a statutory requirement of cause for nonrenewal is sufficient to create a property interest in continued employment, thus triggering due process rights. She argued that strict compliance with statutory procedures for nonrenewal is required. Teacher alleges numerous deviations from statutory procedure and asserts that the evidence was insufficient to support the board's decision.

I. Substantive Due Process

Both state and federal constitutions prohibit the deprivation of life, liberty or property without due process of law. United States Constitution, 14th Amendment; Oklahoma Constitution, Art. 2, § 7. In addition to procedural protection, the due process clause protects certain substantive rights. The rights protected under substantive due process have been limited to those related to "the individual's freedom of choice with respect to certain basic matters of procreation, marriage and family life." Harrah Independent School District v. Martin, 440 U.S. 194, 198, 99 S.Ct. 1062, 1064, 59 L.Ed.2d 248 (1979). In Harrah, the Supreme Court specifically held that a tenured teacher's interest in continued employment was not a substantive due process right. 440 U.S. at 198, 99 S.Ct. at 1064. We hold that a nontenured teacher's interest in continued employment is similarly not a substantive right protected by the due process clause.

II. Procedural Due Process

The threshold determination which must be made in any procedural due process claim is whether a liberty or property interest, within the meaning of the due process clause, is at stake. Perry v. Sindermann, 408 U.S. 593, 599, 92 S.Ct. 2694, 2698, 33 L.Ed.2d 570 (1972). Such interests are not created by the Constitution, but rather are derived from an independent source sufficient to create a legitimate claim of entitlement, such as state law or contract. Board of Regents v. Roth, 408 U.S. 564, 578, 92 S.Ct. 2701, 2709-10, 33 L.Ed.2d 548 (1972).

Here, Teacher's interest is clearly sufficient to warrant procedural safeguards. By statute, employment contracts for nontenured teachers are automatically renewed unless written notice to the contrary is received by April 10 of the contract year. 70 O.S.1981, § 6-101(E). Such notice must inform the teacher of the cause for nonrenewal and of his or her right to a due process hearing. 70 O.S.1981, § 6-103.4(B). The hearing must be requested within ten days of receipt of the notice of nonrenewal. 70 O.S.1981, §§ 6-101(E), 6-103.4(B) and (C). The Oklahoma Legislature has expressly provided that nontenured teachers are to be afforded procedural due process rights at nonrenewal hearings. 70 O.S.1981, § 6-103.4(E).

III. Statutory Procedures

Teacher alleges a number of deviations from statutory procedure as the basis for her procedural due process claim. Analytically, these may be divided into two distinct time frames: pre-recommendation procedures and post-recommendation procedures.

The pre-recommendation procedural errors alleged are as follows: (1) failure to provide evaluation policies to Teacher promptly; (2) failure to limit evaluation to those areas identified in the policy; (3) failure to properly admonish teacher prior to recommending nonrenewal; (4) failure to devise an adequate improvement plan; and (5) failure to allow Teacher sufficient time to improve prior to recommending nonrenewal. We believe her claims to be without merit.

The Oklahoma Legislature has been explicit in delineating the process to be followed before a principal may recommend nonrenewal of a teacher to the school board. Each school district must formulate a written evaluation policy which is to be the basis for at least two written evaluations per year. 70 O.S.1981, § 6-102.2. A copy of the evaluation policy is to be made available to each teacher in the school district promptly. Id. On completion of each written evaluation, teachers are to be provided with a copy and afforded an opportunity to respond. 70 O.S.1981, § 6-102.3. Whenever the administrator performing the evaluations believes admonishment of a teacher is necessary, for a reason which may lead to nonrenewal, admonishments must be made in writing and incorporate a reasonable plan for improvement. See 70 O.S.1981, § 6-103.2(1). Teachers are to be allowed a reasonable time for improvement, not to exceed two months from receipt of the written admonishment. 70 O.S.1981, § 6-103.2(2).

On examination of the record before us, we conclude that the trial court did not err in determining that the McLoud School District complied with the above procedures. A written evaluation policy was promulgated by the school district on November 7, 1977. Copies of the policy were distributed to teachers in a mandatory meeting which Teacher admits attending. Additional copies were available in all school libraries. The written evaluation policy identified three general areas in which teachers would be evaluated: (1) classroom performance; (2) personal and professional growth; and (3) overall contribution to the school system and community. A copy of the specific evaluation form was attached. Both the policy and the evaluation form warned that the results of evaluations would have a direct bearing on future employment decisions. The form specifically indicated that unsatisfactory ratings could be the basis for a decision not to renew. Admittedly, ability...