Aplin v. Porter School Tp. of Porter County

413 N.E.2d 999, 1980 Ind. App. LEXIS 1854
CourtIndiana Court of Appeals
DecidedDecember 29, 1980
Docket3-979A266
StatusPublished
Cited by5 cases

This text of 413 N.E.2d 999 (Aplin v. Porter School Tp. of Porter County) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aplin v. Porter School Tp. of Porter County, 413 N.E.2d 999, 1980 Ind. App. LEXIS 1854 (Ind. Ct. App. 1980).

Opinion

GARRARD, Presiding Judge.

This case comes to us on appeal from the entry of summary judgment in favor of appellees, Porter School Township of Porter County, the Advisory Board of Porter School Township (Advisory Board) and Roger Baird, School Township Trustee of Porter School Township, in an action filed by appellant, Morris Aplin, alleging that defendants wrongfully terminated his contract of employment as a public school teacher.

Aplin was employed by Porter School Township as a nonpermanent, or non-tenure, teacher. 1 On April 28, 1977, Trustee Baird signed and delivered, or caused to be delivered, to Aplin an “Official Form of Notice of Termination of Contract of Non-Tenure Teachers.” 2 Thereafter, Aplin brought this action contending, as he does on appeal, that his termination was unlawful. Aplin bases his contention upon IC 20-6.1-4-14, the statute pertaining to contract rights of nonpermanent teachers, which he interprets as requiring that only the “governing body” of a school corporation may make the decision not to renew a teacher’s contract. Pursuant to IC 20-6.1-1-3 the “governing body” of a school corporation consists of the township trustee and the advisory board. Since the decision to not continue his contract was made by Trustee Baird alone, Aplin argues he was unlawfully discharged. The trial court held for defendants, concluding that, as a matter of law, the trustee alone could make the decision to not renew. We affirm.

The granting of summary judgment should be sustained only where the pleadings, depositions, answers to interrogatories, and admissions on file, together with *1001 any affidavits and testimony, reveal that no genuine issue as to any material fact exists, and that the moving party is entitled to judgment as a matter of law. Indiana Rules of Procedure, Trial Rule 56(c). In the instant case the facts are not in dispute. The case turns upon a purely legal issue: Who is authorized to make the determination to not renew the contract of a nonper-manent teacher?

The resolution of this case rests upon the proper construction to be given certain provisions of our statutes regarding teachers and school corporations. Specifically, we must determine upon whom the legislature has conferred the authority to terminate nonpermanent teachers. This is a matter of first impression, and there is little case law available to aid in its resolution.

At the time of Aplin’s termination, IC 20-6.1-4-14 (1976), read as follows: 3

“20-6.1-4-14. "Contract rights of non-permanent teachers.-(a) Each contract *1002 entered into by a nonpermanent teacher and a school corporation continues in force on the same terms and for the same wages,.unless increased by IC 20-6.1-5-1, the teachers’ minimum salary law, for the next school term following the date of termination set in the contract. However, the contract does not continue if:
(1) On or before May 1, the school corporation notifies the teacher that the contract will not continue for the next school term; this notification must be:
(A) Written; and
(B) Delivered in person, or mailed by registered or certified mail to the teacher at his last and recognized address;
(2) The teacher delivers or mails by registered or certified mail to the school corporation his written resignation; or
(3) The contract is replaced by another contract between the parties.
(b) A teacher who is refused continuation of the contract under subsection (a) of this section may request a written statement showing reason for the dismissal from the governing body.”

In an effort to aid our determination, both parties offer interpretations of this statute. Specifically, the parties have focused upon who constitutes the “school corporation” thereunder. 4 Aplin contends that “school corporation” under paragraph (a) above refers to the governing body of the school corporation, namely the advisory board and the trustee. Appellees urge that the legislature’s use of the words “school corporation,” rather than governing body, indicate that they did not intend for the latter to be the decision maker.

However, we need not inquire into what the legislature intended by its use of the words “school corporation” as we find nothing in paragraph (a) which addresses the question of who is empowered to make the non-continuation decision. Rather it provides a procedural mechanism for the notification of such a decision. We construe the term “school corporation” as merely indicating that school officials must notify the teacher that his contract will not be renewed, and the manner in which the notification must be made. Therefore, paragraph (a) speaks only to the notice requirements of the non-renewal of nonper-manent teachers. We note with regard to the adequacy of the notice afforded Aplin, that the trustee alone, in signing the notice of non-renewal, may represent the school corporation. In State ex rel. Sights v. Edwards (1949), 228 Ind. 13, 89 N.E.2d 443, the Supreme Court held, on petition for rehearing, that a notice of dismissal of a teacher was not insufficient where it was signed only by the trustee. In so holding, the Court stated, “[ujnder this statute, the trustee is to all intents and purposes, the school corporation, for whom he acts. It can act only through him in the matters here involved.” 228 Ind. at 30, 89 N.E.2d 443.

We next turn to paragraph (b) of IC 20-6.1-4-14 wherein the legislature provided that a teacher could obtain a statement of the reasons for his dismissal from the governing body of the school corporation. Aplin argues that this reference to the governing body indicates that it is they, and not the trustee acting alone, who make the termination decision. However, it does not follow a fortiori that because the governing body may be called upon to provide a list of reasons for a nonpermanent teacher’s termination, they are also the body which must make the original decision. We decline to accept such a construction of the statute. While the end result of the process available to a teacher under paragraph (b) is to involve the governing body in reviewing a decision to terminate, the statute does not support the inference that a discharge is unlawful because someone other than the governing body made the initial decision not to renew a teacher’s contract.

*1003 Since IC 20-6.1-4-14 provides little assistance in resolving this issue, we must consider the broader policies behind the trustee’s role in the school system, and the relationship of that role to the process of terminating nonpermanent teachers. In describing the duties of school trustees, IC 20-2-9-1 provides in relevant part:

“The school trustees shall take charge of the educational affairs of their respective townships, towns and cities. They shall employ teachers,

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Bluebook (online)
413 N.E.2d 999, 1980 Ind. App. LEXIS 1854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aplin-v-porter-school-tp-of-porter-county-indctapp-1980.