Berland v. Special School District No. 1, Minneapolis

314 N.W.2d 809, 2 Educ. L. Rep. 235, 1981 Minn. LEXIS 1560
CourtSupreme Court of Minnesota
DecidedDecember 17, 1981
Docket50184, 50324, 50555
StatusPublished
Cited by27 cases

This text of 314 N.W.2d 809 (Berland v. Special School District No. 1, Minneapolis) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berland v. Special School District No. 1, Minneapolis, 314 N.W.2d 809, 2 Educ. L. Rep. 235, 1981 Minn. LEXIS 1560 (Mich. 1981).

Opinions

WAHL, Justice.

This is a consolidation of three appeals involving teachers terminated for economic reasons by the Minneapolis Special School District (No. 1) pursuant to the Minnesota Teacher Tenure Act for schools in cities of the first class. Termination was effectuated under Minn.Stat. § 125.17, subd. 4(5) (1980). Richard Berland petitioned the district court for a writ of certiorari to review the termination of his contract by respondent school district. The district court granted certiorari and Berland’s motion for summary judgment and ordered that Ber-land be reinstated with back pay. Elsie Edwards sought a writ of certiorari in the district court to review her contract termination, but her petition was denied. Marshall Garneau brought action for declaratory and injunctive relief to compel the school district to reemploy him in another position within the district following his termination. The district court ordered reinstatement of Garneau with back pay. The school district appeals from the entry of judgment in the Berland and Garneau cases; Edwards appeals for the dismissal of her petition for certiorari. We reverse in the cases of Edwards and Garneau and affirm in the Berland case.

The problems involved in all three cases arose in the summer of 1978, when the Minneapolis School Board decided to discontinue a number of positions in the school district because of budget cuts stemming from declining enrollment. Contracts of the persons who held the discontinued positions were terminated, including the contracts of Berland, Edwards and Garneau. While these teachers do not challenge the necessity of discontinuing the positions, they all claim that their seniority entitled them to retain their positions or to be offered other positions in the school district in preference to teachers who were retained. Each case involves the interpretation of Minn.Stat. § 125.17, subd. 11 (1980), which reads:

Services terminated by discontinuance or lack of pupiis; preference given. Any teacher whose services are terminated on account of discontinuance of position or lack of pupils shall receive first consideration for other positions in the district for which she is qualified. In the event it becomes necessary to discontinue one or more positions, in making such discontinuance, teachers shall be discontinued in any department in the inverse order in which they were employed.

We discuss, in order, the issues raised in each appeal.

1. Richard Berland:

Richard Berland is a licensed1 elementary school teacher and counselor. After [807]*807serving 6 years as an elementary teacher in other districts and completing a master’s degree program in elementary school counseling, Berland was hired by the Minneapolis district in 1974 as an elementary counsel- or and acquired tenure pursuant to section 125.17, subd. 2, after his 3-year probationary period. He has never taught elementary school classes in the Minneapolis district.

When the district determined in 1978 that it would need to discontinue 12 positions in the counseling department, Berland, one of the 12 least senior counselors, was terminated. He does not dispute the discontinuance of his position as a counselor but contends that section 125.17, subd. 11, entitled him to take the position of, or displace, any less senior teacher whose position he is qualified to fill.2 It is conceded that elementary teachers less senior than Berland were retained, and he contends that, since he is licensed to teach elementary school, the district was required to offer him one of those positions even though he had not previously held a similar position with the district. The district claims, however, that the elementary counseling department or area is different from the elementary teaching department and that the words “shall be discontinued in any department” in Minn.Stat. § 125.17, subd. 11, preclude any comparison of Berland’s seniority as a counselor with that of the district’s elementary teachers.

We held in Hendrickson v. Independent School District No. 319, 303 Minn. 423, 228 N.W.2d 126 (1975) that the “position” of a teacher cannot be defined too narrowly. We defined “position” as “that [position] of a teacher at the level and in the curricula for which he is certified * * id. at 426, 228 N.W.2d at 128, in Hendrickson’s case secondary teacher of social studies and English. As the Berland trial court noted, “a second certification beyond what was currently taught was considered one of his ‘positions.’ ” We had previously defined “position” in State ex rel. Ging v. Board of Education, 213 Minn. 550, 7 N.W.2d 544 (1942). There we said “position” was a teacher’s “relative place, rank, or standing in the school system.” Id. at 585, 7 N.W.2d at 562.3 Ging was overruled insofar as it referred to elementary teachers in Foesch v. Independent School District No. 646, 300 Minn. 478, 223 N.W.2d 371 (1974). Petitioner in Foesch argued that her “position” was that of a second grade teacher. We found that too narrow a definition and held that positions in elementary schools cannot be classed as primary, intermediate or grammar school divisions. The district’s argument in the instant case must be rejected for the same reason we rejected the petitioner’s argument in Foesch. The district has attempted to define Berland’s position in a fashion too narrow to be acceptable under the definitions of Foesch and Hen-drickson.

The school district argues that the statute interpreted in Foesch and Hendrickson referred to schools in cities not of the first class, Minn.Stat. § 125.12, subd. 6b (1980), and that an interpretation of that statute is inapplicable to teacher tenure for schools in cities of the first class. It should be noted that we base our decision here on interpretation of the language in Minn.Stat. § 125.-17 and the intent of the legislature in arriving at this language. We refer to Hen-drickson and Foesch only insofar as those cases represent this court’s view of the legislative intent to protect tenured teachers, either in schools in cities of the first class or those not of the first class.

As long ago as 1938, this court elucidated the legislative purpose behind the teacher tenure act. The language bears repeating:

Plainly, the legislative purposes sought were stability, certainty, and permanency [808]*808of employment on the part of those who had shown by educational attainment and by probationary trial their fitness for the teaching profession. By statutory direction and limitation there is provided means of prevention of arbitrary demotions or discharges by school authorities. The history behind the act justifies the view that the vicissitudes to which teachers had in the past been subjected were to be done away with or at least minimized. It was enacted for the benefit and advantage of the school system by providing such machinery as would tend to minimize the part that malice, political or partisan trends, or caprice might play. It established merit as the essential basis for the right of permanent employment.

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Bluebook (online)
314 N.W.2d 809, 2 Educ. L. Rep. 235, 1981 Minn. LEXIS 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berland-v-special-school-district-no-1-minneapolis-minn-1981.