Blank v. Independent School District No. 16

393 N.W.2d 648, 34 Educ. L. Rep. 1209, 1986 Minn. LEXIS 867
CourtSupreme Court of Minnesota
DecidedAugust 29, 1986
DocketC9-85-212
StatusPublished
Cited by9 cases

This text of 393 N.W.2d 648 (Blank v. Independent School District No. 16) 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
Blank v. Independent School District No. 16, 393 N.W.2d 648, 34 Educ. L. Rep. 1209, 1986 Minn. LEXIS 867 (Mich. 1986).

Opinions

COYNE, Justice.

The appellant, Independent School District No. 16, placed respondent Rachel Blank and seven other teachers on unrequested leave of absence at the close of the 1982-83 school year. Upon writ of certio-rari by Blank and two other teachers, the Anoka County District Court ordered their reinstatement. On appeal by the school district, the court of appeals upheld the district court’s order with regard to Blank, holding that she was not precluded from disputing the validity of a seniority list, which she had not timely questioned according to the terms of a collective bargaining agreement, and finding her qualified to “bump” an elementary education teacher. Blank v. Independent School District No. 16, 372 N.W.2d 386 (Minn.App.1985). We reverse and reinstate the decision of the school board with respect to respondent Blank, the only teacher involved in this review.1

[649]*649On April 12, 1983 the school district proposed placing eight teachers on unrequested leave of absence. Ms. Blank, whose assigned position as a teacher of the visually impaired, grades K-12, was being discontinued, also holds a license in elementary education. At a hearing requested by the teachers respondent Blank testified that teaching visually handicapped students the compensatory skills necessary to compete academically included teaching elementary level subjects to students who could not work in a classroom setting. She contended that this experience, coupled with her license in elementary education, qualified her to bump a less senior elementary education teacher. The school district countered that respondent was bound by the seniority list on which she was listed as licensed only to teach the visually handicapped, grades K-12, and that because she had never held a classroom assignment in elementary education, she was not a qualified elementary teacher. The hearing examiner found that under the terms of the governing collective bargaining agreement, respondent was not qualified to bump an elementary education teacher. The school district adopted the hearing examiner’s recommendations and placed respondent on unrequested leave of absence. Both the district court and the court of appeals ruled that defects rendered the seniority list nonbinding, relieving respondent of the obligation to grieve, and they found that her work with the visually impaired qualified her as a teacher in elementary education.

Pursuant to Minn.Stat. § 125.12, subd. 6a (1984), Independent School District No. 16 and The Spring Lake Park Federation of Teachers Local 1355 had negotiated a plan providing for unrequested leave of absence. The plan, which was incorporated into their collective bargaining agreement effective through June 30, 1983, provided that the school district could place on unrequested leave of absence without pay or fringe benefits as many teachers as “may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes.” According to the plan, teachers were to be placed on unrequested leave “in inverse order of seniority in the field and subject matter.” The plan required the school district to prepare a seniority list, which would be “binding on the school district and any teacher” and which would “govern the application of the unrequested leave of absence policy.” The plan set out a grievance procedure to be invoked in the event a teacher questioned the accuracy of the seniority list.2

Although a “qualified teacher” is defined by statute simply as “one holding a valid license * * * to perform the particular service for which he is employed in a public school,” Minn.Stat. § 125.04 (1984), the unrequested leave of absence and seniority [650]*650plan defines a qualified teacher as one who is under continuing contract, is regularly employed at least an average of 10 hours per week and 85 days per year, and who is both “licensed to teach full time in the subject matter category and has successfully taught such subject matter category” within the school district.3

Accordingly, in the fall of 1982 the school district posted a seniority list for licensed employees in which Rachel Blank was listed as the 203rd teacher in order of seniority. The list carried the following entry for Ms. Blank:

DATE OF BOARD DATE LICENSED NAME EMPLOYMENT APPROVAL RECOMMENDED FOR
203. Blank, Rachel 8/21/79 6/12/79 5/24/79 Visual Handicapped K-12

The list made no further reference to qualification and subject matter or field and, therefore, did not fully comply with the provisions of the unrequested leave and seniority policy contained in the collective bargaining agreement. Nevertheless, it seems to us that the shortcomings of the list did not relieve respondent of the obligation to object to the failure to include in the “LICENSED FOR” column her elementary education license.

Whether the order in which teachers are placed on unrequested leave is governed by statute, Minn.Stat. § 125.12, subd. 6b (1984) (“Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by the school district.”), or by a negotiated plan which requires not only that the teacher be licensed but also that the teacher has successfully taught the subject matter category, there can be no doubt that only those teachers licensed in a subject matter category are qualified to teach in that field and eligible to bump a junior teacher. Whatever talents, knowledge, or skills a teacher may possess, a license is the sine qua non of employment as a teacher by a school district. Hence, despite the absence of any reference to the other aspect of qualification under the plan — the subject matter categories which the teacher had “successfully taught” within the school district— the omission in the seniority list of respondent’s elementary education license was sufficient to trigger the obligation to in-. [651]*651voke the grievance procedures prescribed by the plan. Moreover, since respondent was entered on the seniority list posted in the fall of 1982 as licensed only for teaching visually handicapped children grades kindergarten through 12, it should have been perfectly obvious to her that the school district did not recognize her seniority except as a teacher of visually handicapped children.

Respondent does not contend that she did not know that a teacher who disagreed with the posted list was required to object within 20 days after the posting or that the seniority list was binding and governed the order in which teachers would be placed on unrequested leave. She merely attempts to excuse her failure to object to the list.

First she argues that she had no reason to object to the seniority list or to grieve if the school district refused to correct the error because everything on the list was true. One could, of course, make the same argument if the respondent’s name or her date of employment or her license as a teacher of the visually handicapped had been omitted. While the defect in the argument would be more obvious in that case, the defect is the same under the actual circumstances here. What is included in the list may be true, but if the list does not comprise all the required information, it is not accurate.

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Related

Flaherty v. Independent School District No. 2144
577 N.W.2d 229 (Court of Appeals of Minnesota, 1998)
Krueth v. Independent School District No. 38
496 N.W.2d 829 (Court of Appeals of Minnesota, 1993)
Heruth v. Independent School District No. 11
434 N.W.2d 470 (Court of Appeals of Minnesota, 1989)
In Re the Proposed Placement on Unrequested Leave of Nelson
416 N.W.2d 848 (Court of Appeals of Minnesota, 1987)
Urbahl v. Independent School District No. 181
396 N.W.2d 244 (Court of Appeals of Minnesota, 1986)
Pirrotta v. Independent School District No. 347
396 N.W.2d 20 (Supreme Court of Minnesota, 1986)
Blank v. Independent School District No. 16
393 N.W.2d 648 (Supreme Court of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
393 N.W.2d 648, 34 Educ. L. Rep. 1209, 1986 Minn. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blank-v-independent-school-district-no-16-minn-1986.