Davis v. Barr

646 S.W.2d 914, 10 Educ. L. Rep. 433, 1983 Tenn. LEXIS 623
CourtTennessee Supreme Court
DecidedMarch 14, 1983
StatusPublished
Cited by6 cases

This text of 646 S.W.2d 914 (Davis v. Barr) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Barr, 646 S.W.2d 914, 10 Educ. L. Rep. 433, 1983 Tenn. LEXIS 623 (Tenn. 1983).

Opinion

OPINION

DROWOTA, Justice.

This case involves the interpretation of T.C.A. § 49-1416(8), an integral part of the statutory scheme dealing with the dismissal and suspension of tenured teachers.

Plaintiff, Reva Davis, a teacher in the Jefferson County School System, was suspended by Jim Barr, the Superintendent of Schools, on October 5,1978.1 Subsequent to the suspension, the Defendant, Barr, preferred charges against Plaintiff in accordance with T.C.A. § 49-1414.2 On October 12, the Jefferson County Board of School Commissioners voted that the charges preferred warranted the dismissal of Plaintiff as a teacher. Plaintiff was notified by letter dated October 20, that the Board had voted that the charges brought against her were of such nature as to warrant her dismissal, if proven.3

[916]*916A hearing was held before the Board on or about March 14, 1979.4 After all the proof had been offered to the Board, a motion was made that Plaintiff be reinstated immediately with full back pay. This motion was defeated four to three. The Board then voted four to three to allow the Plaintiff to return to her teaching position upon receipt by the Board of proper evidence of her renewed certification by the State and qualification to teach in the Title I Reading Program. The Board voted that upon receipt of such evidence, and the rehiring of Plaintiff, that she not receive backpay for the time of her suspension. The record reveals that Plaintiff was reinstated on August 20, 1979, approximately ten and one-half months after her suspension.

On April 17, 1979, Plaintiff filed a “Petition for Judicial Review” in the Chancery Court of Jefferson County, seeking a de novo hearing pursuant to T.C.A. § 49-1417. Plaintiff alleges in her petition substantially the facts as outlined above. She contends that T.C.A. § 49-1413, which allows a superintendent to suspend a teacher without pay prior 'to a hearing, is unconstitutional. She contends that the action of the superintendent of schools and the majority of the Board “was based entirely upon bias and prejudice and from a completely political motivation towards her and her family.” Defendants deny these contentions. Plaintiff seeks reinstatement to her original position as a Title I reading teacher with full back pay. The primary issue raised in the pleadings concerns Plaintiff’s suspension. Plaintiff avers she was improperly suspended and Defendants allege she was not.

This case was set to be heard on January 5, 1982, in the Chancery Court of Jefferson County. Before evidence was presented, an oral motion for judgment on the pleadings was heard.5 The Chancellor made his decision on the motion based upon the admitted allegations in the pleadings, as earlier set out in chronological order. The Chancellor then found that:

“On March 14,1979, the Jefferson County School Board held a hearing, as contemplated by TCA 49-1416, and an oral announcement was made by the school board that the plaintiff would be reinstated upon completion of nine additional hours of school work and certification by the State of Tennessee. The plaintiff was present during the hearing and the oral announcement of the school board’s decision. The decision of the school board was written up in its regular minutes, but no copy of the minutes was served or delivered to the plaintiff.
In addition, the Jefferson County School Board did not give the plaintiff written notice of its finding and decision within ten days as required by T.C.A. 49-1416(8). In fact, the written finding and decision was never given to plaintiff.
The Court finds the acts of the Jefferson County School Board of attempting to suspend the plaintiff without complying with TCA 49-1416(8) is null and void and of no effect. By failing to receive the written notice of defendants’ finding and decision the plaintiff was denied a final decision of the school board which would be necessary in processing and pursuing her appeal in the courts. Further, by failing to give written notice of its decision the school board has not complied with the statute so as to have the power to suspend the plaintiff.
The Court further finds the failure of the school board in not giving a written notice of its finding and decision violates the plaintiff’s right to due process as guaranteed under the 14th Amendment of the United States Constitution.
The Court did not find it necessary to reach the issue of the constitutionality of TCA 49-1413.”

[917]*917The Chancellor, in granting the oral motion for judgment on the pleadings, ordered that Plaintiff be reinstated with full back pay from the date of her suspension on October 5, 1978, until August 20, 1979, the date Plaintiff was in fact reinstated by the Defendants. It appears that the relief now being sought by Plaintiff is back pay, and a declaration that T.C.A. § 49-1413 is unconstitutional.

The Defendants, the Superintendent of Schools and the Board of School Commissioners, have appealed to this Court asserting direct appeal jurisdiction pursuant to T.C.A. § 49-1417.6 Defendants aver that it was error for the Chancellor to dispose of the case on “oral motion for judgment on the pleadings,” without any formal motion having been made by Plaintiff and over Defendants’ objection. Defendants argue that the Chancellor based his decision upon the Board’s failure to comply with T.C.A. § 49-1416(8).

T.C.A. § 49-1416 sets out the procedure by which a teacher who is facing charges, pursuant to Sections 49-1414 and 1415, may demand and receive a hearing before the school board. Section 1416 is an integral part of the statutory scheme (Sections 49-1412 — 1417) for the dismissal and/or suspension of teachers. Subsections (1) through (7) of Section 1416 set out the framework for the conduct of the hearing and the setting of the hearing date. Subsection (8) reads as follows:

“The board shall within ten (10) days decide what disposition to make of the case and shall immediately thereafter give the teacher written notice of its findings and decisions.”

This Section provides for prompt notice to the teacher of the findings and decision of the Board, so the teacher may then seek judicial review, pursuant to Section 49-1417, if desired.

Section 49-1417 reads in part as follows:

“Judicial review. — A teacher ...

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Cite This Page — Counsel Stack

Bluebook (online)
646 S.W.2d 914, 10 Educ. L. Rep. 433, 1983 Tenn. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-barr-tenn-1983.