Allred v. Arkansas Department of Correction School District

912 S.W.2d 4, 322 Ark. 772, 1995 Ark. LEXIS 746
CourtSupreme Court of Arkansas
DecidedDecember 18, 1995
Docket95-762
StatusPublished
Cited by8 cases

This text of 912 S.W.2d 4 (Allred v. Arkansas Department of Correction School District) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allred v. Arkansas Department of Correction School District, 912 S.W.2d 4, 322 Ark. 772, 1995 Ark. LEXIS 746 (Ark. 1995).

Opinion

Tom Glaze, Justice.

Appellant Jim Allred had been hired by the appellee Department of Correction School District as a certified teacher for the 1993-1994 school year. In a letter dated April 1,1994, the district’s supervisor of education services, Hurshell Qualls, informed Allred that Qualls intended to recommend to the Board that Allred be placed on “a year’s (sic) leave or longer without pay beginning next school year.” Qualls referred to Allred’s excessive absenteeism and his failure to provide a doctor’s statement regarding his illness. Allred received Qualls’s letter on April 6. On April 21, Allred provided his principal, Jack Broach, with the required doctor’s statement. On April 28, 1994, the Board met and placed Allred on an indefinite leave of absence without pay because of 75.5 days of absenteeism.

On June 13, 1994, Allred filed a petition for writ of mandamus and complaint in circuit court, and amended it on August 22. Alleging denial of his constitutional due process rights and violation of the Teacher Fair Dismissal Act (TFDA), Allred requested a writ of mandamus to compel the Department to renew his teaching contract, and to declare that his contract was automatically renewed under the TFDA and that the Board’s action was constitutionally void. Allred requested reinstatement and damages for breach of contract.

The Department filed a motion to dismiss Allred’s amended petition and complaint for failure to state a claim upon which relief could be granted. The Department claimed the Department’s school district is not a public school district and subject to the requirements of the TFDA, and Allred does not possess a property right in his employment which would afford him due process rights.

By order entered March 23, 1995, the trial court dismissed Allred’s complaint pursuant to Ark. R. Civ. P. 12(b)(6). Allred appeals only the trial court’s dismissal of his TFDA claim.

The Teacher Fair Dismissal Act of 1983, as amended, governs the dismissal of teachers within the state’s public school system. Ark. Code Ann. §§ 6-17-1501—1510 (Repl. 1993). The term “teacher” is defined as any person, other than a superintendent or assistant superintendent, employed in an Arkansas “public school district,” who is required to hold a state teaching certificate as a condition of employment. § 6-17-1502(a)(l). See also Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995). Under § 6-17-1506(a), every contract between a teacher and the school board shall be automatically renewed for the next school year unless the teacher is notified of nonrenewal by May 1 of the contract year. Arkansas law requires school districts to strictly comply with the notice provisions of the TFDA. § 6-17-1503.

Here, no dispute exists between the parties that Allred was required to have a state teaching certificate in order to be employed as a teacher with the Department. The question on appeal is whether the Department of Correction school district is part of the state’s public school system and subject to the requirements of the TFDA.

The Department’s school district was established by Act 279 of 1973, which is codified as amended at Ark. Code Ann. §§ 12-29-301—310 (1987 and Supp. 1993). The district was created to provide elementary, secondary, and vocational and technical education to all persons incarcerated in the Department’s facilities who are not high school graduates, irrespective of age. § 12-29-301 (b). The Board of Correction acts as the school board for the district. § 12-29-301(c). Section 12-29-303 provides as follows:

The schools established under the provisions of this subchapter and those persons incarcerated who attend the schools shall be entitled to all of the privileges provided generally to common public schools and adult education programs administered by the State Board of Education to students who attend them under the laws of the State of Arkansas, provided the privileges do not conflict with the rules, regulations, and policies of the Department of Correction or the laws of the state respecting the establishment and operation of the Department of Correction.

(Emphasis added).

Allred argues that the Department’s district is part of the state’s public school system, and his dismissal as a teacher with the Department is subject to the TFDA. Allred bases his argument on the following: (1) the General Assembly expressly recognizes the district as a public school district; (2) the General Assembly distinguishes only between public and private school districts; and (3) the district is subject to the standards for accreditation of public schools.

First, Allred cites several statutes and emergency clauses that make reference to the Department’s “school district.” Specifically, Allred cites § 12-29-301 as quoted above, and the emergency clause to Act 671 of 1989 which amended Act 279 establishing the Department’s school district. The emergency clause of Act 671 reads in pertinent part as follows:

It is hereby found and determined by the General Assembly that confusion has arisen concerning the funding of the public school program operated in the Department of Correction; that it is necessary to clarify that funds generated from various programs within the department may be utilized in support of the public school district within the department^.]

(Emphasis added). Allred argues the emergency clause clarifies the district’s classification as a public school district, and statutory rules of construction allow the use of an act’s emergency clause in determining the intent of the legislature. Farm Bureau Mutual Ins. Co. v. Wright, 285 Ark. 228, 686 S.W.2d 778 (1985).

Further, Allred cites Ark. Code Ann. § 6-13-101 (Repl. 1993) where the General Assembly provided as follows:

(a) There shall be only one (1) kind of school district in this state, and each shall have the same prerogatives, powers, duties, and privileges as herein set forth.
(b) All school districts which may be hereafter created shall be the same kind, with the same prerogatives, powers, duties, and privileges as provided by law.

Allred contends the General Assembly has authorized only the creation of one type of school district and that type is a “public school district.”

The Department responds that true public schools are those elementary and secondary schools operated by school districts which receive both federal, state, and local funds for the benefit of children in grades kindergarten through twelve. See § 6-13-902(1). The Department contends its school district is an entirely different sort of school. First, the Department notes that children who live within the geographic confines of the Department’s school district cannot attend the Department’s school because it is limited to those incarcerated within the Department. Further, the Department claims board members of true public school districts are elected; whereas, the correction board members serve as the district’s school board and those members are appointed by the Governor, rather than elected. See Ark. Code Ann. § 6-13-604 et seq. (Repl. 1993).

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Bluebook (online)
912 S.W.2d 4, 322 Ark. 772, 1995 Ark. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allred-v-arkansas-department-of-correction-school-district-ark-1995.