Asadoorian v. Warwick School Committee

691 A.2d 573, 1997 R.I. LEXIS 102, 1997 WL 136387
CourtSupreme Court of Rhode Island
DecidedMarch 26, 1997
Docket95-254-M.P., 95-273-M.P
StatusPublished
Cited by38 cases

This text of 691 A.2d 573 (Asadoorian v. Warwick School Committee) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asadoorian v. Warwick School Committee, 691 A.2d 573, 1997 R.I. LEXIS 102, 1997 WL 136387 (R.I. 1997).

Opinion

OPINION

FLANDERS, Justice.

Do absences from work have any effect on whether a probationary school teacher can qualify for tenure? We issued writs of cer-tiorari on these consolidated petitions to decide various issues pertaining to this question. In this case, the appropriate school authorities determined that, by missing at least 27 days during any one or more of their 180-day-long probationary school years, fifteen teachers had failed to attain tenure because they did not satisfy the minimum statutory requirement of completing three full and consecutive years of teaching. In reviewing the legal propriety of this decision, we must also rule on whether the authorization of these absences by the teachers’ collective-bargaining agreements and by Rhode Island’s Parental and Family Medical Leave Act (Leave Act) 1 affects the resolution of the issues presented. Finally, we must resolve whether the commissioner has jurisdiction to adjudge a civil rights claim brought by the teachers pursuant to 42 U.S.C. § 2000e-2.

All parties have asked us to review a decision of the State Board of Regents for Elementary and Secondary Education (board) that addresses these issues. The board affirmed a decision of Peter McWalters, the Rhode Island Commissioner of Education (commissioner), denying and dismissing an appeal from a ruling of the School Committee of the City of Warwick (school committee) that denied tenure to each of the fifteen probationary teachers, all of whom taught in *575 Warwick’s public schools. 2 The school committee’s ruling upheld the actions of the then-Warwick public schools superintendent, Henry S. Tarlian (superintendent). The sole basis on which the superintendent denied tenure to these teachers was that each had missed “substantial” teaching time during one or more of his or her three consecutive probationary years, thereby preventing the teacher from completing that year of the probationary pretenure period.

Our task on certiorari is to consider whether the commissioner’s decision, as affirmed by the board, was supported by any competent evidence and free from any errors of law. For the reasons set forth below, we affirm the decisions of the board and the commissioner in all aspects.

Facts and Procedural History

In June 1993, shortly after concluding their third nontenured year of service in the Warwick School System, each of the fifteen teachers in this case received a substantially similar letter from the superintendent:

“This June you will complete your third year with the Warwick School System, and you would normally be entitled to tenure with the satisfactory completion of three years of teaching.
“In your case, however, we are persuaded, on the basis of recent rulings by the Commissioner, that denial of tenure is in order because of the substantial time you’ve missed from school during [one or more of the previous three probationary school years]. We are advising you, therefore, that [those school years within which substantial time was missed] * * * will not be counted toward tenure.
“We hope that next year you’ll be able to complete the year with substantially fewer absences from your teaching duties.”

The superintendent based his denial of tenure upon what he perceived to be the teachers’ excessive absences (ranging from 27 to 109 days) 3 in at least one of the three previous probationary school years (each one of which comprises 180 teaching days). 4 However, the parties’ collective-bargaining agreement authorized all the absences, and the Leave Act statutorily sanctioned most of them. Moreover, each teacher’s performance was such that the school committee renewed his or her annual contract for the 1993-1994 school year.

In reviewing the teachers’ individual records of absence, the superintendent determined that those who were absent 15 percent or more of the school year — that is, those who missed twenty-seven or more days— were absent so excessively during that year that it would not count as one of the three consecutive probationary teaching years that each teacher had to complete to obtain tenure (the 27-day rule 5 ). The superintendent came to this conclusion after considering the individual reasons for each teacher’s absences, conferring with his cabinet of advisors, 6 and reviewing the commissioner’s ruling in Brunetti v. Woonsocket School Committee, Commissioner of Education (April 24, 1992). In Brunetti the commissioner reaffirmed that “a teacher does not become tenured until three full years of service under three *576 successive annual contracts have been completed.” Id. at 5 (quoting Dunn v. Middletown School Committee, Commissioner of Education (July 26, 1976)). The commissioner then ruled that probationary school years during which a teacher incurs absences of other than a “brief * * * de minimis nature” 7 are not properly counted toward tenure because those years are not “full.” Id. at 7. Thus, in adopting the 27-day rule, the superintendent was attempting both to clarify and to define the more general de minimis standard first articulated by the commissioner in Brunetti.

The teachers appealed their denial of tenure to the school committee. After a hearing the school committee, itself relying upon Brunetti, voted to uphold the superintendent’s determination that “when an individual had 27 or more days of absence in a school year, that year would not count as one of three annual successive contract years for tenure purposes.” September 21, 1993 Decision of the School Committee of the City of Warwick.

The teachers then appealed their tenure denial to the commissioner, claiming also that the 27-day rule constituted an unlawful employment practice under 42 U.S.C. § 2000e-2 in that it allegedly had a disproportionate impact on women. In a decision written by a hearing officer, the commissioner held that by missing at least 15 percent of class time (or twenty-seven or more days) out of at least one of three probationary school years, none of the teachers had completed “three full years of service under * * * [the three] successive annual contracts [each was issued].” Asadoorian v. Warwick School Committee, Decision of Commissioner of Education at 6 (August 12, 1994). 8 The commissioner characterized the 27-day rule as a “line drawn” that is “consistent with the notion of a ‘full’ school year yet permit[ting] brief routine absences of a de minimis nature.” Id.

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Bluebook (online)
691 A.2d 573, 1997 R.I. LEXIS 102, 1997 WL 136387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asadoorian-v-warwick-school-committee-ri-1997.