Cunningham v. Franklin Parish School Bd.

457 So. 2d 184, 20 Educ. L. Rep. 1049, 1984 La. App. LEXIS 9561
CourtLouisiana Court of Appeal
DecidedSeptember 26, 1984
Docket16485-CA
StatusPublished
Cited by14 cases

This text of 457 So. 2d 184 (Cunningham v. Franklin Parish School 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
Cunningham v. Franklin Parish School Bd., 457 So. 2d 184, 20 Educ. L. Rep. 1049, 1984 La. App. LEXIS 9561 (La. Ct. App. 1984).

Opinion

457 So.2d 184 (1984)

Bereniece V. CUNNINGHAM, Plaintiff-Appellee,
v.
FRANKLIN PARISH SCHOOL BOARD, et al., Defendants-Appellants.

No. 16485-CA.

Court of Appeal of Louisiana, Second Circuit.

September 26, 1984.
Rehearing Denied October 26, 1984.
Writ Denied December 7, 1984.

*185 John Barkley Knight, Jr., Winnsboro, Cotton, Bolton & Hoychick by Glen Roberts, Rayville, for defendants-appellants.

Jones & Jones Law Offices by Benjamin Jones, Monroe, for plaintiff-appellee.

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

JASPER E. JONES, Judge.

This is a tenured teacher termination case. The Franklin Parish School Board appeals a district court judgment ordering it to reinstate plaintiff as a teacher in the parish school system with back pay from the date of her dismissal. We reverse.

The plaintiff, Bereniece V. Cunningham, was a Franklin Parish permanent teacher with approximately 30 years of service. See LSA-R.S. 17:442. She could only be terminated for one of the reasons and in accordance with the procedure set forth in LSA-R.S. 17:443 which provides:

§ 443. Removal of teachers; procedure; right to appeal
A. A permanent teacher shall not be removed from office except upon written and signed charges of willful neglect of duty, or incompetency or dishonesty, or of being a member of or contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if found guilty after a hearing by the school board of the parish or city, as the case may be, which hearing may be private or public, at the option of the teacher. At least twenty days in advance of the date of the hearing, the superintendent with approval of the school board shall furnish the teacher with a copy of the written charges. Such statement of charges shall include a complete and detailed list of the specific reasons for such charges and shall include but not be limited to the following: date and place of alleged offense or offenses, names of individuals involved in or witnessing such offense or offenses, names of witnesses called or to be called to testify against the teacher at said hearing, and whether or not any such charges previously have been brought against the teacher. The teacher shall have the right to appear before the board with witnesses in his behalf and with counsel of his selection, all of whom shall be heard by the board at said hearing. For the purpose of conducting hearings hereunder the board shall have the power to issue subpoenas to compel the attendance of all witnesses on behalf of the teacher. Nothing herein contained shall impair the right of appeal to a court of competent jurisdiction.
B. If a permanent teacher is found guilty by a school board, after due and legal hearing as provided herein, on charges of willful neglect of duty, or of incompetency, or dishonesty, or of being a member of or contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and ordered removed from office, or disciplined by the board, the superintendent with approval of the board shall furnish to the teacher a written statement of recommendation of removal or discipline, which shall include but not be limited to the exact reason(s), offense(s) or instance(s) upon which the recommendation is based. Such teacher may, not more than one year from the date of the said finding, petition a court of competent jurisdiction for a full hearing to *186 review the action of the school board, and the court shall have jurisdiction to affirm or reverse the action of the school board in the matter. If the finding of the school board is reversed by the court and the teacher is ordered reinstated and restored to duty, the teacher shall be entitled to full pay for any loss of time or salary he or she may have sustained by reason of the action of the said school board.

On May 18, 1982 the superintendent of schools for Franklin Parish, Royce Bryan, sent a letter notifying plaintiff that she had been charged with willful neglect of duty and that a hearing on the charges would be held before the school board on June 18, 1982. Attached to the letter was a formal statement of charges citing three instances of neglect of duty. The statement of charges contains all the information required by 17:443 A except for a statement as to whether any charges had been previously brought against plaintiff.

Plaintiff requested a public hearing at which she was represented by counsel. At the beginning of the hearing the parties, through their respective attorneys, stipulated that no evidence of any prior acts of misconduct by plaintiff, not contained in the statement of charges, would be admitted. No such evidence was admitted. Plaintiff's attorney objected to the noted deficiency in the statement of charges.

At the close of the hearing the school board found plaintiff guilty on two of the three charges and voted to dismiss her. Superintendent Bryan sent plaintiff a letter dated June 22, 1981 informing her of the board's findings and action. Plaintiff sought judicial review of the board's decision with the Fifth Judicial District Court. The matter was submitted to the court on the transcript of the board hearing with exhibits. No additional evidence was taken. The district judge ordered plaintiff reinstated with back pay after finding that she was denied due process in the proceedings before the school board because the statement of charges does not indicate whether previous charges had ever been brought against her.

The issues raised by the school board's appeal are:

(1) Whether the failure to include a statement as to whether previous charges had been brought against plaintiff in the statement of charges rendered the board's action in firing her invalid; and
(2) If not, whether there is a rational basis for the board's decision to terminate plaintiff supported by substantial evidence.

Issue # 1

In addition to listing the grounds for which a tenured teacher may be removed from office, R.S. 17:443 A sets out the procedure which must be taken by a school board to terminate such a teacher and the information which must be relayed to the teacher in the statement of charges she receives. The jurisprudence requires the school board to strictly adhere to the procedure in the statute in order for a termination to be valid. See Jackson v. St. Landry Parish School System, 407 So.2d 51 (La.App. 3d Cir.1981); Tate v. Livingston Parish School Bd., 391 So.2d 1240 (La.App. 1st Cir.1980); McCoy v. Tangipahoa Parish School Board, 308 So.2d 382 (La.App. 1st Cir.1975).

We are here concerned with the contents of the statement of charges. That particular provision was added to 17:443 A by Act 631 of 1980 and was a codification of the jurisprudence which required specificity in the charges against the tenured teacher. State Ex Rel. Franceski v. Plaquemines Parish, 416 So.2d 150 (La.App. 4th Cir. 1982).

The requirement that the statement of charges contain certain information is designed to insure that the teacher is afforded due process in the proceedings against her. The inclusion of this information enables the teacher to know exactly what alleged facts form the basis of the proceedings against her in order that she can prepare her defense accordingly. See *187 Johns v. Jefferson Davis Parish School Board, 154 So.2d 581 (La.App.

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Bluebook (online)
457 So. 2d 184, 20 Educ. L. Rep. 1049, 1984 La. App. LEXIS 9561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-franklin-parish-school-bd-lactapp-1984.