Boner v. Eminence R-1 School District

55 F.3d 1339
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 24, 1995
DocketNo. 94-3009
StatusPublished
Cited by1 cases

This text of 55 F.3d 1339 (Boner v. Eminence R-1 School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boner v. Eminence R-1 School District, 55 F.3d 1339 (8th Cir. 1995).

Opinion

JOHN R. GIBSON, Senior Circuit Judge.

R. Jeffrey Boner appeals the district court’s1 entry of summary judgment disposing of his claims against the Eminence R-l School District and District officials.2 Boner claims that the District placed him on involuntary leave without proper authority and in violation of his due process, statutory, and contract rights. We affirm.

In November 1992, the Missouri Department of Elementary and Secondary Education issued a School Improvement Review, analyzing a number of areas in which the District needed improvement. Based on this review, the Department provisionally accredited the District, requiring the District to develop, submit, and implement an acceptable School Improvement Plan addressing the problems or lose its accreditation and be merged with another district. See Mo.Rev. Stat. § 162.081 (1994). Some of the areas which the Department wanted the District to address were: adding high school courses in English, foreign language, and science; fully staffing the libraries; decreasing the counsel- or-to-student ratio in the elementary school; decreasing the high school’s principal-to-student ratio; adding a junior high elective course; hiring additional staff to reduce two elementary class sizes; hiring only properly certified teachers; developing, implementing, and assessing curriculum; providing disabled access to the building; establishing a health care facility in each building; and improving attendance. The report also stated that “[t]he financial condition of the district is a concern as funding is not available to adequately compensate the staff or to support some programs at the desired level.”

On April 12, 1993, in response to the report, the District’s Board of Education voted to reduce the number of administrative positions from three to two, reduce the number of physical education classes, and consolidate elementary and secondary physical education and driver’s education into a single position. Accordingly, the Board voted to place Boner, a tenured physical education teacher, and another physical education teacher on involuntary leave of absence as neither qualified for the consolidated position.3 During that meeting, the Board also discussed Boner’s coaching ability, use of obscenities at games, and lack of community support.

The Board notified Boner in a letter that his leave was based on “a reduction in staff and ... a subsequent change in job description, for which [he] was unqualified.” Boner responded, requesting a written description of the manner in which the Board reached its decision. In a second letter, Boner requested a written statement of the information which the Board used to reach its decision and asked to respond before the Board. Mansfield, a school administrator, informed Boner that the Board would discuss his request for information at its May meeting, which Boner could attend. Boner was placed on the agenda for the May meeting, but did not appear at that or any subsequent Board meeting. He claims that his appearance at the meeting would have been futile, as he did not have the information he requested from the Board. Boner did not request another opportunity to respond before the Board. After the May meeting, the Board sent Boner a letter explaining that “changes in job descriptions require a teacher with certification in Physical Education K-12 and Driver’s Education,” and informing Boner that, because he was not certified in these areas, his [1341]*1341“leave” would begin at the end of the school year.

Boner sued, claiming that the District placed him on involuntary leave in violation of due process, U.S. Const, amend. XIV, 42 U.S.C. § 1983 (1988); the Missouri Teacher Tenure Act, Mo.Rev.Stat. §§ 168.102-168.130 (1994); and his contract with the District. The district court granted summary judgment in favor of the District on all counts. Boner appeals, arguing that: (1) the District unlawfully placed him on leave; and (2) the District violated due process.

We review the district court’s grant of summary judgment de novo, viewing all evidence in the light most favorable to Boner. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986). We also review de novo the district court’s determination of state law, giving it no deference. Salve Regina College v. Russell, 499 U.S. 225, 238, 111 S.Ct. 1217, 1224-25, 113 L.Ed.2d 190 (1991). However, “[w]e are bound to apply state law as we are able to discern it from the rulings of the state’s courts.” Jackson v. Anchor Packing Co., 994 F.2d 1295, 1310 (8th Cir.1993) (diversity case); United States v. City of St. Louis, 597 F.2d 121, 124 (8th Cir.1979) (federal question case).

Boner contends that the Board did not base its decision to place him on involuntary leave on the statutorily permissible bases of decrease in enrollment, reorganization, or financial condition.4 The district court held as a matter of law that the consolidation of teaching duties which eliminated Boner’s position resulted from reorganization of the District, compelled in part by the District’s financial condition. Boner v. Eminence R-l Sch. Dist., No. 1:93CV162-DJS, slip op. at 7-8 (E.D.Mo. July 25, 1994).

The Teacher Tenure Act does not define “reorganization” of a school district. Boner argues that we should define “reorganization” within the meaning of the Act by reference to the Missouri statutes governing geographical reorganization of school districts. See Mo.Rev.Stat. §§ 162.152,162.171,162.181 (1994). We need not decide whether the Board’s actions were a “reorganization” because the record shows that the District’s financial condition required the actions, and we may affirm solely on this alternative statutory basis.

The Board “may place on leave of absence as many teachers as may be necessary because of ... the financial condition of the school district.” Mo.Rev.Stat. § 168.124. The statute does not define “financial condition” or identify the arbiter of necessity. Missouri case law on the issue is scant. However, an opinion of the Missouri Attorney General, issued shortly after the enactment of the Teacher Tenure Act, states that whether a school district’s financial resources have been exhausted “is a decision which has been entrusted by the Missouri Constitution and statutes to the reasonable discretion of the school board of a district.” Op.Mo. Att’y Gen. No. 501, p. 8 (Sept. 29, 1970). See Frimel v. Humphrey, 555 S.W.2d 350, 353 (Mo.Ct.App.1977) (holding that a school board may place teachers on leave if the school board “finds such action ‘necessary’ ”); School Dist. of Kansas City v. Clymer, 554 S.W.2d 483, 487 (Mo.Ct.App.1977) (stating that the Teacher Tenure Act “obviously grant[s] to the boards of education ... broad powers and discretion in the management of [1342]*1342school affairs”).

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Boner v. Eminence 1 School District
55 F.3d 1339 (Eighth Circuit, 1995)

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