Birgenheier v. Trustees, Yellowstone County School District, No. 2

791 P.2d 1388, 242 Mont. 513, 47 State Rptr. 941, 1990 Mont. LEXIS 155
CourtMontana Supreme Court
DecidedMay 15, 1990
Docket89-552
StatusPublished

This text of 791 P.2d 1388 (Birgenheier v. Trustees, Yellowstone County School District, No. 2) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Birgenheier v. Trustees, Yellowstone County School District, No. 2, 791 P.2d 1388, 242 Mont. 513, 47 State Rptr. 941, 1990 Mont. LEXIS 155 (Mo. 1990).

Opinions

JUSTICE WEBER

delivered the Opinion of the Court.

Plaintiff, a nontenure teacher, filed this action requesting reinstatement, after her temporary, one-year contract was not renewed. The District Court of the First Judicial District, Lewis and Clark County, ruled that the School District’s notice of non-renewal did not properly comply with § 20-4-206, MCA, and remanded the matter to the School District for the District to provide plaintiff with a statement of reasons for her termination. The School District appeals. We affirm.

We restate the issues for consideration as follows:

1. Did the School District follow adequate procedure in terminating the nontenure teacher?

2. Even though plaintiff had been terminated, was she entitled to a further statement of reasons under § 20-4-206, MCA?

On August 22, 1985, plaintiff, Carolyn Birgenheier, signed an “Acknowledgment of Temporary Appointment” with School District No. 2, Yellowstone County, Montana (School District), which stated:

“This will acknowledge my understanding that my appointment by the Billings Public Schools is temporary, and that I cannot presume reappointment. The term of this temporary appointment is from August 26, 1985 until June 7, 1986.”

On September 10, 1985, she signed a one-year “Teacher’s Contract” with the School District as an elementary music teacher. That contract stated in pertinent part:

“1. That the teacher is hereby employed to teach, as and where assigned, in the schools of District for and during the school year [515]*515beginning on or about 08/26/85 and terminating on or about 06/7/ 86.”

In April 1986, plaintiff received a letter from Billings Public Schools which stated:

“Thank you for your service to Billings Public Schools during this school term. As you are aware, you were hired under a one-year contract for the 1985-86 school year. Please be notified that your contract will have reached its term by the end of the current school year, and will not be renewed by the Board of Trustees.

“As we advertise to fill the position you now hold, we hope that you will feel free to make application for it. Thank you again for your year of service. We hope you have enjoyed your time with us.”

The “Master Agreement”, the contract between the teachers and the School District, provided as follows with regard to nontenure teacher termination:

“Section 7 Non-Tenure Teacher Severance Policy:

“Subd. 1. Every non-tenured teacher shall be entitled to the following rights if his/her contract is not being renewed.

“(a) The teacher shall be notified by the Superintendent, in writing, that his or her contract will not be renewed pursuant to Montana statutes.

“(b) The notice shall state the specific reasons for non-renewal.

“(c) The teacher may appeal his/her non-renewal to the Board of Trustees or a committee thereof, by May 1. The Board, or its committee, shall reach a decision within twenty (20) dáys of the submittal of the appeal.”

Plaintiff gave her notice of non-renewal appeal to the Board of Trustees pursuant to the Master Agreement. The School District affirmed the decision not to renew without a further statement of reasons. Plaintiff then appealed to • the County Superintendent. The Findings of Fact of the County Superintendent established that the notice of non-renewal of nontenure teacher was timely; that plaintiff’s appeals to the School Board and County Superintendent were timely; that plaintiff was non-renewed “for the reason: ‘expiration of temporary one-year contract’ ”; and that plaintiff signed a standard teaching contract and an Acknowledgment of Temporary Contract prior to the 1985-86 school term. The pertinent conclusion of law by the County Superintendent was that the School District was bound to provide nontenured teachers with some indication of the reason or basis for the decision to terminate. While not denominated either a finding of fact or conclusion of law, the key conclusion on the part [516]*516of the County Superintendent was that “this Hearing Officer does agree with the Petitioner [plaintiff] that this particular one-year contract stipulation is an attempt to evade the ‘specific reason’ test of the Bridger case.” Bridger Educ. Ass’n v. Board of Trustees (1984), 209 Mont. 31, 678 P.2d 659. The County Superintendent then ordered that the decision of the Board of Trustees was overturned and that the plaintiff was reinstated with full salary and benefits for the 1986-1987 year.

The School District appealed that decision to the State Superintendent of Public Instruction (State Superintendent). The State Superintendent reversed the County Superintendent, holding that this was “not a termination situation as covered by Bridger, but rather, a contractual issue resolved in accordance with the terms of the agreement.” He pointed out that plaintiff was notified and acknowledged that she accepted a temporary position which would terminate at the end of the next school year and that such acknowledgment was made in addition to the regular teaching contract. In addition he pointed out that at the end of the temporary appointment she was notified that she was given the opportunity to reapply for the position and was encouraged to do so. He further concluded there was nothing in the record to support the County Superintendent’s conclusion that the School District was using temporary appointments to evade the requirement of a statement of reasons.

Plaintiff requested judicial review of the State Superintendent’s decision, contending that the State Superintendent erred in concluding that Bridger did not apply; that the State Superintendent erred in ignoring the requirements of § 20-4-206, MCA, that termi- ' nated nontenure teachers be given the reasons for termination; and that because all teachers are on one-year contracts, the expiration of such a contract is not a “reason” for termination.

The District Court concluded as follows:

“[e]ven though the school district may be immune from suit under Section 2-9-111, MCA, it still must comply with the requirements of Section 20-4-206(3), MCA, and the Bridger decision. Under Bridger, a school district must provide a nontenured teacher with a statement of reasons which states what undesirable qualities merit a refusal to enter into a further contract. Since the school district did not provide such a statement, it is the opinion of the Court that under Bridger the matter must be remanded to the school district for a statement which complies with that decision.”

The District Court ordered a remand to the School District for a [517]*517statement of reasons. The District Court did not address the issue of the reinstatement of the plaintiff. From that decision, the School District appeals.

I

Did the School District follow adequate procedure in terminating the nontenure teacher?

It is important that we consider the specific provisions which apply to the termination of a nontenure teacher. Section 20-4-206, MCA, as set forth in 1989, has not been changed since the 1975 amendment, and in pertinent part states:

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Related

Bridger Ed. Ass'n v. Bd. of Tr., Carbon Cty.
678 P.2d 659 (Montana Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
791 P.2d 1388, 242 Mont. 513, 47 State Rptr. 941, 1990 Mont. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birgenheier-v-trustees-yellowstone-county-school-district-no-2-mont-1990.