Caldwell v. BLYTHEVILLE, ARK. SCH. D. 5

746 S.W.2d 381
CourtCourt of Appeals of Arkansas
DecidedFebruary 17, 1988
DocketCA 87-186
StatusPublished

This text of 746 S.W.2d 381 (Caldwell v. BLYTHEVILLE, ARK. SCH. D. 5) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caldwell v. BLYTHEVILLE, ARK. SCH. D. 5, 746 S.W.2d 381 (Ark. Ct. App. 1988).

Opinion

746 S.W.2d 381 (1988)
23 Ark.App. 159

William CALDWELL, Appellant,
v.
The BLYTHEVILLE, ARKANSAS SCHOOL DISTRICT, NUMBER FIVE, Appellee.

No. CA 87-186.

Court of Appeals of Arkansas, Division II.

February 17, 1988.
Rehearing Denied March 23, 1988.

*382 John W. Walker, Lazar M. Palnick, Richard Roachell, Little Rock, J. LeVonne Chambers, Gail Wright, New York City, for appellant.

Gardner and Steinsiek, Blytheville, for appellee.

COOPER, Judge.

The appellant, William Caldwell, was a non-probationary teacher employed by the appellee school district. In April 1986, the appellant was notified that the superintendent was recommending that his contract not be renewed. The appellant requested a hearing before the school board which was held on May 26, 1986. At the close of the hearing, the board voted to uphold the superintendent's recommendation of non-renewal. The appellant appealed the decision to the circuit court. The circuit court found that the appellee had complied with the Teacher Fair Dismissal Act and afforded the appellant full due process, and that the board did not act arbitrarily, capriciously or discriminatorily. The circuit court dismissed the appeal. The appellant now argues four points before this court: that the school board's decision violated his First Amendment right to freedom of speech; that the school board's decision was arbitrary and capricious; that the school board violated section 80-1266.6 of the Arkansas Teacher Fair Dismissal Act; and that the school board erred in failing to make particularized findings on the evidence presented against him. We affirm.

The record reveals that on December 10, 1985, the principal of West Jr. High School, Idell Jenkins, presented a new grading policy to the teachers at a faculty meeting. The appellant objected to this policy, and began discussing it with Mr. Jenkins. Mr. Jenkins characterized the appellant's attitude as "belligerent." The assistant principal, Paul Stubblefield, and another teacher, Zeak Lacy, also testified that the appellant was belligerent and quite upset. At one point the appellant stood up and pointed his finger at the principal. When the principal attempted to move on to other matters, the appellant attempted to return the discussion to the grading policy. The appellant admitted that he had objected loudly to the new policy.

The next day, Mr. Jenkins left a memo in the appellant's box that indicated he did not approve of the appellant's conduct in the faculty meeting. The appellant then requested a conference with Mr. Jenkins and the assistant superintendent for instruction, D.B. Meador. At that conference the appellant again became upset and accused Meador and Jenkins of conspiring to have him fired and he called Jenkins a liar four times. On December 17, 1985, Dr. Frank Ladd, the superintendent, wrote a letter to the appellant reprimanding him for his behavior in both the conference and the faculty meeting and warned the appellant that any further such conduct would result in the appellant's suspension and dismissal. Dr. Ladd also warned the appellant that his conduct would be considered when the decision was made whether to recommend renewal or non-renewal of his contract.

*383 On February 28, 1986, Jenkins attempted to hold a conference with the appellant concerning some complaints he said he received about the appellant's using class time to discuss the lack of black cheerleaders at the school. According to Jenkins, the appellant was not responsive; he asked several times if Jenkins was through yet and eventually walked out of the conference. On April 18, 1986, Ladd sent a certified letter to the appellant informing him that he was recommending to the board that the appellant's contract not be renewed. The letter listed the four following reasons for non-renewal:

1. Your conduct at the faculty meeting of December 10, 1985, where the teachers of your school were instructed relative to grading practices, and at which meeting you became disrespectful of your principal over the instructions that were being given.
2. The conference of December 11, 1985, between yourself and your principal wherein you became belligerent with the principal, raised your voice and called him a liar on more than one occasion.
3. The conference of February 28, 1986, between yourself and your principal regarding complaints from your students relative to your comments made during classroom hours. At this conference, again you became belligerent and accused your principal of attempting to have you fired.
4. The continuing problem with your principal and attitude toward him for the past several years as reflected by report of such conferences, copies of which have been furnished to you. As noted earlier, a hearing was held before the board, which voted not to renew the appellant's contract, adopting the superintendent's reasons as the basis for its action. On appeal to the circuit court, no additional evidence was taken, but the case was submitted on the written record of the hearing before the board, a copy of the Teacher Fair Dismissal Act together with the minutes of the school board meeting whereby the Act was adopted as the policy of the board, and the appellant's answers to interrogatories.

The appellant first argues that the board violated his right to freedom of speech. It is the appellant's contention that the statements he made at the December faculty meeting and the comments he made in class concerning the lack of black cheerleaders was constitutionally protected and the board's action in dismissing him for making the statements violated his right to make the statements. However, this issue was not presented to either the board or the circuit court. We cannot find any mention of this argument in either the record or the abstract. We have consistently held that we will not consider issues raised for the first time on appeal and that this rule applies equally to constitutional issues which are not raised in the court below. Ferguson v. City of Mountain Pine, 278 Ark. 575, 647 S.W.2d 460 (1983). Therefore, we do not reach the merits of the appellant's first point.

The appellant next argues that the board's decision was arbitrary and capricious. We disagree. Any certified teacher who has been employed continuously by a school district for three years or more may be terminated or the board may refuse to renew the contract of such teacher for any cause which is not arbitrary, capricious, or discriminatory, or for violating the reasonable rules and regulations promulgated by the school board. Ark. Stat.Ann. § 80-1266.9(b) (Supp.1985). The determination not to renew a teacher's contract is a matter within the discretion of the school board, and the reviewing court cannot substitute its opinion for that of the board in the absence of an abuse of that discretion. Leola School District v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986). In our judicial review of the trial court's decision, we affirm unless the court's findings were clearly erroneous. Moffitt v. Batesville School District, 278 Ark. 77, 643 S.W.2d 557 (1982).

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Related

Givhan v. Western Line Consolidated School District
439 U.S. 410 (Supreme Court, 1979)
Moffitt v. Batesville School District
643 S.W.2d 557 (Supreme Court of Arkansas, 1982)
Lee v. Big Flat Public Schools
658 S.W.2d 389 (Supreme Court of Arkansas, 1983)
Murray v. Altheimer-Sherrill Public Schools
743 S.W.2d 789 (Supreme Court of Arkansas, 1988)
Green Forest Public Schools v. Herrington
696 S.W.2d 714 (Supreme Court of Arkansas, 1985)
Leola School District v. McMahan
712 S.W.2d 903 (Supreme Court of Arkansas, 1986)
King v. Elkins Public Schools
733 S.W.2d 417 (Court of Appeals of Arkansas, 1987)
Caldwell v. Blytheville, Arkansas School District, No. Five
746 S.W.2d 381 (Court of Appeals of Arkansas, 1988)
Ferguson v. City of Mountain Pine
647 S.W.2d 460 (Supreme Court of Arkansas, 1983)
Bowman v. Pulaski County Special School District
723 F.2d 640 (Eighth Circuit, 1983)

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