Buck v. Lowndes County School Dist.

761 So. 2d 144, 2000 WL 216248
CourtMississippi Supreme Court
DecidedFebruary 24, 2000
Docket98-CT-00164-SCT
StatusPublished
Cited by3 cases

This text of 761 So. 2d 144 (Buck v. Lowndes County School Dist.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buck v. Lowndes County School Dist., 761 So. 2d 144, 2000 WL 216248 (Mich. 2000).

Opinion

761 So.2d 144 (2000)

Novella BUCK and Melda Robinson
v.
LOWNDES COUNTY SCHOOL DISTRICT.

No. 98-CT-00164-SCT.

Supreme Court of Mississippi.

February 24, 2000.

Chester D. Nicholson, Gulfport, Attorney for Appellants.

Jeffrey Carter Smith, Columbus, Attorney for Appellee.

EN BANC.

*145 ON WRIT OF CERTIORARI

WALLER, Justice, for the Court:

¶ 1. The issue on appeal is whether the Lowndes County School District followed proper procedure in refusing to renew the contracts of two of its teachers, Novella Buck and Melda Robinson. Buck and Robinson appealed the non-renewal to the Lowndes County Chancery Court, where it was affirmed. Buck and Robinson then appealed to this Court, which assigned the case to the Court of Appeals. The Court of Appeals reversed and remanded the case, finding that the District had failed to meet its evidentiary burden. Buck v. Lowndes County Sch. Dist., No. 98-CC-00164-COA (Miss.Ct.App. May 4, 1999). This Court granted certiorari to consider the question of the propriety of the non-renewal. We reverse and render the judgment of the Court of Appeals and reinstate the judgment of the chancery court.

STATEMENT OF THE FACTS

¶ 2. Novella Buck and Melda Robinson were employed as teachers at the Lowndes County School District's West Lowndes Elementary School. In October, 1995, Buck, with the aid of Robinson, a classroom proctor, administered a standardized test to her fourth grade class.

¶ 3. In March 1996, the District received a letter from the Mississippi Department of Education regarding possible irregularities in the test answers provided by Buck's students, asking the District to respond to the following finding:

Results of the Performance Assessment in grade four (4) at West Lowndes Elementary School in Buck's classroom reveal that many identical answers for thirteen (13) items were provided by the entire class. This indicates possible copying of answers or possible coaching or interference with responses.

¶ 4. The District's response included unsworn written statements from Buck and Robinson denying any improper activity in the administration of the tests. By subsequent letter dated March 29, 1996, the Department notified the District that, based on the available information, including a review of the response, the Department had concluded that the District had "failed to comply with testing regulations established to maintain the integrity of data in the Mississippi Assessment System." Specifically, the Department found that the District had failed to comply with Department policy against "[c]oaching students during testing or altering or interfering with their responses in any way." This finding was based on "[e]vidence that individual students have similar or identical patterns of responses on their tests."

¶ 5. On April 1, 1996, the Lowndes County Board of Education met to consider renewal of teaching contracts for the coming year. Though both Buck and Robinson had been recommended for renewal by the superintendent, the Board, by a vote of four to one, declined to renew their contracts.

¶ 6. After Buck and Robinson each received the statutory notice of non-renewal, they requested a hearing on the issue as permitted by law. The Board furnished Buck and Robinson's attorney with statutorily-required pre-hearing written notice of the reasons for non-renewal:

1. Testing irregularities brought to the District's attention by the Mississippi Department of Education on March 5, 1996; and confirmed on March 29, 1996, wherein said teachers assisted, coached, and interfered with responses and answers on the ITBS tests in October, 1995 at West Lowndes Elementary School; specifically Novella Buck's fourth grade class.
2. Violation of Mississippi Code Section 37-16-4 of the Mississippi Code of 1972, as amended.

¶ 7. Neither Buck nor Robinson testified at the hearing. The Board introduced the correspondence received from the Department and relied on testimony from Billy *146 Holley, an investigator from the District Attorney's office, who had been assigned to investigate the allegations of testing irregularities. He testified that he had interviewed twenty-three out of twenty-five students in the class, and fifteen had reported activities which appeared to constitute improper assistance to the students. None of the students were called as witnesses.

¶ 8. Also introduced at the hearing was a letter dated June 14, 1996, from the Department informing Tommy Smith, Lowndes County School Superintendent, that the District's accreditation level had been lowered from "accredited-3" to "accredited-1-probation."

¶ 9. The actual testing materials were not available at the hearing because the proprietor of the tests had obtained a protective order from the Hinds County Chancery Court adjudicating that the testing materials, including the students' answers, were exempt from disclosure under the Public Records Act because they were proprietary in nature and contained trade secrets.

¶ 10. After the hearing, a subsequent order was entered by the Hinds County Chancery Court on June 26, 1996, permitting the District Attorney's office to have access to the testing materials under certain limitations, including the signing of a confidentiality agreement and agreeing not to make photocopies of the documents. Pursuant to this order, Holley performed an ex parte visual inspection of the test material, including the students' answer sheets.

¶ 11. On July 1, 1996, the District filed a motion to reopen the hearing to permit Holley to testify "as to the test booklets and test results he reviewed, and give his personal observation of same." Over Buck and Robinson's objection, the hearing was reopened. Holley testified that he had examined the test answers cited by the Department and offered certain observations:

A. They were all almost identical. I mean, the tests, the wording of the answers were the same. The same words were misspelled. On some of the, it has reference in here to, I note, it is so obvious that there were two pages in the back of the, on their blank pages where they were suppose to answer a problem or give a statement as to what it was. It was one question. They wrote one answer on one page and then they turned the page over and wrote the other answer on the other one. Now, the ones that didn't do that were erased and either the answer changed or it was then placed on the back.
Q. What, if any, impression did you draw after you reviewed all 12 or 13 of the questions from the children's test booklets ...?
A. They had been coached or told the answers.

¶ 12. By letter dated July 22, 1996, the Mississippi Board of Education informed John Clark, School Board President, and Tommy Smith that the decision to lower the District's accreditation level to "accredited-1-probation" had been affirmed.

¶ 13. The Board did not alter its previous decision on nonrenewal. The teachers' appeal to the chancery court was unsuccessful.

¶ 14. The Court of Appeals reversed and essentially rendered the decision of the Board, remanding only for a consideration of damages. It found first that the non-renewal was based solely on the communications from the Department alerting the Board to the possibility that copying, coaching or interference with answers occurred. The Court of Appeals then assumed for the sake of argument that the Department's letters, combined with the knowledge of the teachers involved, were sufficient to constitute a demonstrable reason for non-renewal.

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761 So. 2d 144, 2000 WL 216248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buck-v-lowndes-county-school-dist-miss-2000.