Emerson v. Board of Independent School District 199

809 N.W.2d 679, 33 I.E.R. Cas. (BNA) 1036, 2012 Minn. LEXIS 9, 2012 WL 280384
CourtSupreme Court of Minnesota
DecidedFebruary 1, 2012
DocketNo. A09-1134
StatusPublished
Cited by22 cases

This text of 809 N.W.2d 679 (Emerson v. Board of Independent School District 199) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emerson v. Board of Independent School District 199, 809 N.W.2d 679, 33 I.E.R. Cas. (BNA) 1036, 2012 Minn. LEXIS 9, 2012 WL 280384 (Mich. 2012).

Opinions

OPINION

DIETZEN, Justice.

Appellant Steven Emerson was employed by respondent Independent School District No. 199 (school district) in Inver Grove Heights, Minnesota, for 3 school years as the activities director, and then for 1 school year as interim middle school principal. Subsequently, the school district terminated Emerson's employment. Emerson filed a grievance on the ground that he was a continuing-contract employee and entitled to continuing-contract rights under Minn.Stat, § 122A.40 (2010). The school district denied the grievance and his subsequent grievance appeals. Emerson filed a petition for writ of certio-rari with the court of appeals, which affirmed the decision of the school district. We affirm.

In March 2005 Emerson responded to a posting by the school district for the position of district activities director.1 The posting stated, among other things, that "[clandidates must hold a current Minnesota principal license or be in the process of obtaining administrative licensure." At the time of his application and during his employment with the school district, Emerson held a K-12 principal's license. At no time during Emerson's employment did the Minnesota Department of Education (MDE) require a person in the position of activities director to be licensed.

The school district employed Emerson as activities director for 3 school years, from the fall of 2005 to the spring of 2008. Subsequently, an opening occurred for the position of interim middle school principal for the 2008-09 school year, and the school district hired Emerson for that position. In April 2009, the school board voted to not renew Emerson's contract for the 2009-10 school year. The school board did not conduct a hearing or afford Emerson the rights of a continuing-contract employee.

Emerson filed a grievance, arguing that while he was employed as activities director he was a "teacher" within the meaning of section 122A.40, subdivision 1, the continuing-contract statute, and therefore had continuing-contract rights. The continuing-contract statute defines a "teacher" as "a principal, supervisor, and classroom teacher and any other professional employee required to hold a license from the state department." Minn.Stat. § 1224.40, subd. 1. The school board denied the grievance on the ground that Emerson was only a [681]*681"teacher" when he was employed for 1 year as middle school principal, and therefore was still within the probationary period under Minn.Stat. § 122.40, and could be terminated at the discretion of the school board.2 Emerson filed the necessary grievance appeals, which were also denied by the school board. Emerson then filed a petition for writ of certiorari to the court of appeals.

The court of appeals affirmed the decision of the school board that Emerson was not a continuing-contract employee, and therefore the decision to not renew his contract was not an error of law. Emerson v. Sch. Bd. of Indep. Sch. Dist. 199, 782 N.W.2d 844, 847 (Minn.App.2010). The court determined that a school district employee is not a "teacher" under the continuing-contract - statute, - Minn.Stat. § 122A.40, unless the MDE requires a license for the work performed by the employee. Id. The court reasoned that the statutory definition of a teacher "unambiguously hinges on state licensure requirements," and because the MDE does not require an activities director to be licensed, Emerson did not qualify as a "teacher" while he was employed as an activities director and was not entitled to the rights of a continuing-contract employee. Id. at 846-47. Subsequently, we granted review.

L.

The question we must decide is whether appellant Steven Emerson's employment by the school district as an activities director falls within the definition of a "teacher" under section 122A.40, subdivision 1, and therefore he is entitled to continuing-contract rights under the statute.

Emerson argues that he qualifies as a "professional employee" under section 122A.40, subdivision 1, because the school district required that he hold a license as a principal to be employed as activities director. The school district counters that whether an individual qualifies as a "teacher" under subdivision 1 depends solely on whether the MDE requires the individual to hold a license for one of the positions enumerated in the statute. Amici curiae Education Minnesota and the Minnesota School Boards Association also urge us to adopt the interpretation proposed by the school district. It is undisputed that an activities director is not required to be licensed by the MDE. It is also undisputed that the school district advertised that an applicant for activities director must either hold a license as a principal, or be in the process of obtaining administrative licen-sure, in order to be hired to the position of activities director.

[682]*682Statutory construction is a question of law that we review de novo. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 758 (Minn.2010). The goal of all statutory construction is to effectuate the intent of the legislature. Minn.Stat. § 645.16 (2010). In construing the language of a statute, we give words and phrases their plain and ordinary meaning. Minn.Stat. § 645.08 (2010); Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999). Thus, if the language of a statute is clear and free from ambiguity, our role is to enforce the language of the statute. A statute is unclear or ambiguous only if it is susceptible to more than one reasonable interpretation. Am. Family Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000).

Minnesota Statutes § 122.40, subd. 1, provides:

A principal, supervisor, and classroom teacher and any other professional employee required to hold a license from the state department shall be deemed to be a "teacher" within the meaning of this section. A superintendent is a "teacher" only for purposes of subdivisions 3 and 19.[3]

The court of appeals concluded that Emerson was hired by the school district as an activities director, that an activities director is not a "professional employee required to hold a license from the state department," and therefore Emerson was not a "teacher" within the meaning of the continuing-contract statute.

The crux of the dispute turns on the meaning of the statutory phrase "required to hold a license from the state department." - It is undisputed that in subdivision 1 the "state department" means the MDE. See Minn.Stat. § 122A.40, subd. 1. The dispute centers on what the word "required" means, and what the word "required" modifies. Put differently, a professional employee is "required by whom" to be licensed.4

[683]*683We conclude that the phrase "required to hold a license from the state department" in the statute is susceptible of two reasonable interpretations, and therefore is ambiguous.

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Bluebook (online)
809 N.W.2d 679, 33 I.E.R. Cas. (BNA) 1036, 2012 Minn. LEXIS 9, 2012 WL 280384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerson-v-board-of-independent-school-district-199-minn-2012.