Booker v. RICHLAND PARISH SCH. BD.

393 So. 2d 785, 1981 La. App. LEXIS 3431
CourtLouisiana Court of Appeal
DecidedJanuary 13, 1981
Docket14378
StatusPublished
Cited by10 cases

This text of 393 So. 2d 785 (Booker v. RICHLAND PARISH SCH. BD.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Booker v. RICHLAND PARISH SCH. BD., 393 So. 2d 785, 1981 La. App. LEXIS 3431 (La. Ct. App. 1981).

Opinion

393 So.2d 785 (1981)

Beatrice BOOKER, Plaintiff-Appellant,
v.
RICHLAND PARISH SCHOOL BOARD, Defendant-Appellee.

No. 14378.

Court of Appeal of Louisiana, Second Circuit.

January 13, 1981.

*786 Jones, Jones & Jones, Monroe, for plaintiff-appellant.

Glynn D. Roberts, Rayville, for defendant-appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.

JASPER E. JONES, Judge.

Plaintiff, Beatrice Booker, appeals a judgment rejecting her demand that defendant, Richland Parish School Board, reinstate her as a probationary teacher at Mangham Jr. High School effective November 17, 1978, the date of her termination. Plaintiff's demand for salary as a probationary teacher from date of termination was also rejected.

Plaintiff was initially employed by the Richland Parish School Board on January 3, 1978 as a probationary teacher at Mangham Jr. High School, and worked through May 1978. Her employment was continued for the 1978-79 school session and she worked from September until November 17, 1978. On November 16, 1978 at a special meeting of the Richland Parish School Board plaintiff was terminated as reflected by the following abstract from the minutes of the meeting:

"Mr. Prisock moved, seconded by Mr. Bell, to approve the following personnel actions: . . . . . . TERMINATE: Beatrice Booker Teacher Mangham Jr. High (Terminate due to insubordination) Effective 11/17/78 Vote: Yeas: Mr. Thompson, Mr. Johnston, Mr. Prisock, Mr. Bell, Mr. Gaharan, Mr. Hodges, Mr. Newson, and Mr. Douciere. Nays: Mr. Coward. Absent: Mr. Adams." The quoted resolution from the School Board meeting was based upon the following document which was submitted to the Richland Parish School Board by Charles M. Tillman, Superintendent of Richland Parish Schools, which document we reproduce as follows: PERSONNEL Special Board Meeting, November 16, 1978 New Employee Race Subject School Reason Date Old Employee Race Address Title I Aide Mangham Elem. Maternity Leave Christine Harris B Monroe (12-18-78 to Landis January 29, 1979) Janitor Start High Resignation Howard E. Crow W Start (Effective Nov. 13, 1978) Teacher Mangham Jr. Terminate Beatrice Booker B Rayville High School (Due to insubordination)

*787 The manner in which a probationary teacher shall be terminated is set forth in LSA-R.S. 17:442:

"Each teacher shall serve a probationary term of three years to be reckoned from the date of his first appointment in the parish or city in which the teacher is serving his probation. During the probationary term the parish or city school board, as the case may be, may dismiss or discharge any probationary teacher upon the written recommendation of the parish or city superintendent of schools, as the case may be, accompanied by valid reasons therefor...."

The trial judge found the defendant's termination of plaintiff was done in the manner required by the provisions of LSA-R.S. 17:442 and for this reason rejected plaintiff's demands.

Plaintiff assigns as error the trial judge's determination that R.S. 17:442 has been complied with. She contends the Superintendent of Schools failed to make a written recommendation to the School Board to dismiss plaintiff accompanied with valid written reasons as required by the statute. Plaintiff contends that because her dismissal was not done in the manner required by the statute she is entitled to be reinstated to her position and is entitled to the salary she would have earned had she not been illegally terminated.

In the early cases of Andrews v. Claiborne Parish School Board, 189 So. 355 (La. App. 2d Cir. 1939), and State v. Red River Parish School Board, 193 So. 225 (La.App. 2d Cir. 1939), this court affirmed trial court judgments reinstating probationary teachers because their dismissals had not been accomplished in the manner required by the source legislation of LSA-R.S. 17:442. The court held in these cases that a school board may not dismiss a probationary teacher unless it first receives written recommendations for the termination accompanied by valid written reasons. The criteria for compliance with the statute as set forth in these cases was quoted with approval in the Louisiana Supreme Court case of State v. Bienville Parish School Board, 198 La. 688, 4 So.2d 649 (1941), at p. 651:

"In the case of Andrews v. Claiborne Parish School Board, La.App., 189 So. 355, it is stated in effect that the only method provided by law for the discharge of a probationary teacher is laid down in Act No. 58 of 1936 to-wit: for the superintendent to recommend in writing to the board the dismissal of the teacher, with supporting valid reasons therefor, and the board's positive favorable action on the recommendation.
In the case of State ex rel Kennington v. Red River Parish School Board, La. App., 193 So. 225, 228, the court stated:
`It is clear from the language of this statute that as a condition precedent to a school board's dismissal of a probationary teacher, the superintendent of the parish must submit to the board `written recommendations' for such dismissal, accompanied by valid reasons therefor. These should be signed by him officially. It is contended that such reasons need not be in writing, but may be assigned orally. We do not concur in this construction of the quoted law. We think the law-maker intended that the charges against the teacher, upon which his or her dismissal is asked, should be in the same form and of the same dignity as the recommendation itself. They are, in reality, companion acts, should be in writing and preserved in the board's archives. If this were not true, in many cases neither the teacher nor the public would know why a dismissal occurred. To effect dismissal of a probationary teacher, the law has definitely placed upon both the school board and the superintendent, elements of responsibility which must be specifically discharged by each. Such responsibility may not be shifted.'" [emphasis added].

There are numerous appellate decision in the jurisprudence following the rationale of State v. Andrews; State v. Red River and State v. Bienville; supra, to the effect that a probationary teacher may not be dismissed *788 by a school board unless the school board has first received from the superintendent of schools a written recommendation to terminate the teacher, accompanied by written valid reasons supporting the recommendation.

In the relatively late supreme court decision of Palone v. Jefferson Parish School Board,

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Bluebook (online)
393 So. 2d 785, 1981 La. App. LEXIS 3431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booker-v-richland-parish-sch-bd-lactapp-1981.