Drane v. Richland Parish School Board

740 So. 2d 248, 1999 La. App. LEXIS 2348, 1999 WL 624116
CourtLouisiana Court of Appeal
DecidedAugust 18, 1999
DocketNo. 32,067-CA
StatusPublished
Cited by1 cases

This text of 740 So. 2d 248 (Drane v. Richland Parish School Board) 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
Drane v. Richland Parish School Board, 740 So. 2d 248, 1999 La. App. LEXIS 2348, 1999 WL 624116 (La. Ct. App. 1999).

Opinions

b GASKINS, J.

Jennifer Drane, a certified, but non-tenured school teacher, appeals the trial court’s judgment which sustained the Richland Parish School Board’s decision to terminate her employment. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

Drane began teaching in August 1991 at Holly Ridge Elementary School in Rich-land Parish. On May 12, 1994, Principal Doyle E. Hammons gave her a handwritten notice that he was not recommending that she be rehired for the next school year due to “the preponderance of complaints relative to [her] treatment of students this year and the two previous years.” In response to her inquiry the principal stated she was being discharged for preventing a child from going on a field trip a year ago, for threatening to stick a pencil up part of a child’s anatomy if the student did not quit hitting the desk with the pencil, and for holding a child to allow another child to kick him. None of the principal’s complaints were documented in her personnel folder.

On May 13, 1994, the day after she received the notice of dismissal, the principal wrote a positive letter of recommendation for Drane to another school system. Hammons explained at his deposition that Drane was a good teacher, that he wanted her to have a job, that he did not want to destroy her career and that maybe she could get along better elsewhere.

Richland Parish School Superintendent Arlon Adams advised Drane in a May 25, 1994 letter that she would not be recommended for employment the next year. In a letter dated July 1, 1994, the new Superintendent Bonnie Adams listed a number of reasons for not employing Drane for the next year. In addition to the three reasons above, the letter stated that Drane (1) refused to comply with instructions to provide favorable seating for a hearing-impaired child, (2) told a first grade class they should all hit a student back if he hit someone, (3) specially hinvited certain parents to an awards ceremony and then gave awards to everyone in the class but their children, (4) had conflicts with other teachers and (5) demonstrated financial irresponsibility concerning the purchase of cheerleader outfits. The July 1 letter also informed Drane she was entitled to a hearing which Drane formally requested on July 8.

An administrative review board conducted the hearing on July 26 during which Drane learned that the old and new superintendents had met in early May with a [250]*250group of disgruntled parents who expressed concern about Drane and other teachers. The review board voted four to one to recommend that the superintendent terminate Drane. On August 2, 1994, the school board at its regular meeting voted unanimously that Drane not be rehired. Formal notice was mailed to Drane on August 3, 1994. Seeking damages for wrongful termination, Drane sued the school board, Superintendent Bonnie Adams and Principal Doyle E. Hammons.

REASONS FOR JUDGMENT

In written reasons the trial court observed that the probationary term for a teacher is three calendar years from date first hired, rather than three scholastic years. Under La. R.S. 17:442, a probationary teacher may be discharged by the school board upon written recommendation of the superintendent accompanied by “valid reasons.” Valid reasons were defined as sound and sufficient but not rising to the level required to dismiss a tenured teacher. Noting that state law does not require prior notice or hearing, the trial court found that Drane was given a hearing in compliance with the school board’s • own administrative procedures- by which a probationary teacher could request a hearing.

By all accounts Drane was a good classroom teacher. However, the trial court observed Drane was terminated due to her inability to get along with other l.qteachers and parents and her improper treatment of students. The trial court stated that Drane had conflicts with five of the fourteen other teachers at the school. She also had conflicts with parents and, at' times, acted and spoke inappropriately toward students. The trial court concluded that the remediation provisions of La. R.S. 17:391.5 did not apply for a discharge for reasons other than classroom incompetence. Reasons for dismissing a probationary teacher are discretionary with the school board. Courts will not interfere absent an abuse of that discretion. The trial court concluded that the board had valid, sound and sufficient reasons for not rehiring Drane and dismissed Drane’s action.

APPLICABLE LAW AND POLICY

In pertinent part, La. R.S. 17:442 provides:

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.

Repealed effective June 22, 1994, La. R.S. 17:391.5(C) directed that:

No later than August 15, 1978, each school board shall adopt a system of personnel evaluation and assessment based on the guidelines submitted by the superintendent of education. Evaluation and assessment of the performance of each certified employee shall be made on a continuing basis, at least once each year for probationary personnel, and at least every third year for personnel with permanent status. The evaluation shall consist of an appraisement of the performance of the employee in the extension of teaching duties and responsibilities. In the event an employee is considered not performing his duties in a satisfactory manner then the employing authority shall notify the employee in writing of such determination and describe such nonperformance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of considered unsatisfactory performance of the employee and assist him to correct such considered deficiencies within a prescribed period of time. - Assistance may include but not be limited to in-service training [251]*251programs or such other appropriate programs.
The board’s policy provided:
| «SEPARATION OF PROFESSIONAL STAFF MEMBERS
It shall be the policy of the School Board to strive to assist personnel in every way possible to adjust to their positions and to perform their duties satisfactorily. Every reasonable effort shall be made to avoid the necessity of dismissing personnel at any level.
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During the probationary term of an employee of the school district, this Board may dismiss an employee upon the written recommendation of the Superintendent, said recommendation to include valid reason for the dismissal.

DISCUSSION

Upon written recommendation, any probationary teacher may be discharged for valid reasons. La. R.S. 17:442. Dismissals of probationary teachers are entrusted to the sound discretion of the school board. Unless the teacher can show that the board abused that discretion, the courts will not interfere.

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740 So. 2d 248, 1999 La. App. LEXIS 2348, 1999 WL 624116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drane-v-richland-parish-school-board-lactapp-1999.