Enstad v. N. CENT. OF BARNES PUB. SCH., ETC.

268 N.W.2d 126
CourtNorth Dakota Supreme Court
DecidedJuly 7, 1978
DocketCiv. No. 9457
StatusPublished
Cited by6 cases

This text of 268 N.W.2d 126 (Enstad v. N. CENT. OF BARNES PUB. SCH., ETC.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Enstad v. N. CENT. OF BARNES PUB. SCH., ETC., 268 N.W.2d 126 (N.D. 1978).

Opinion

268 N.W.2d 126 (1978)

Mavis ENSTAD, Plaintiff-Appellant,
v.
NORTH CENTRAL OF BARNES PUBLIC SCHOOL DISTRICT NO. 65, a Public Corporation, Defendant-Appellee.

Civ. No. 9457.

Supreme Court of North Dakota.

July 7, 1978.

*128 Chapman & Chapman, Bismarck, for plaintiff and appellant; argued by Daniel J. Chapman, Bismarck.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, and Ployhar, Thorson & Weisenburger, Valley City, for defendant and appellee; argued by David F. Knutson, Fargo.

PAULSON, Justice.

This is an appeal by the plaintiff, Mavis Enstad, from the judgment of the Barnes County District Court, entered on December 7, 1977, in which the court dismissed, with prejudice, Enstad's action against the defendant, North Central of Barnes Public School District No. 65, a public corporation (hereinafter North Central).

Enstad was employed as a teacher at North Central during the 1973-1974, 1974-1975, and the 1975-1976 school terms. During the 1973-1974 term she taught English and physical education classes and coached girls' track. She was also supervisor for the cheerleaders and the pompon girls. During the 1974-1975 and 1975-1976 terms she was assigned the same duties at North Central with the exception that she was not assigned to coach the girls' track team. On May 17, 1976, a written offer of reemployment for the 1976-1977 term was delivered to Enstad which included the same teaching assignments she held during the current school term plus the additional assignment of coaching girls' basketball. On June 11, 1976, Enstad sent a letter to the North Central Board of Education in which she accepted the offer of reemployment for the 1976-1977 school term but rejected the assignment to coach girls' basketball. The North Central Board of Education informed Enstad by letter, on June 18, 1976, that "Your counter-offer contained in your letter of June 11, 1976, is not acceptable and is rejected". The letter further informed Enstad that unless she accepted the offer of reemployment for the 1976-1977 school term, including the girls' basketball coaching assignment, the Board would consider her position open and would employ another person to fill the position. Enstad refused to accept the offer with the coaching assignment. Consequently, she was not employed at North Central during the 1976-1977 school term, and another teacher was hired to fill the position.

On February 14, 1977, Enstad filed an action against North Central alleging that North Central acted wrongfully and illegally when it failed to reemploy her as a teacher for the 1976-1977 school term. Enstad asserted before the district court, and she asserts now on appeal, that she was unqualified to coach girls' basketball and that, pursuant to Section 15-47-27 of the North Dakota Century Code, she was entitled to a contract of reemployment at North Central without the coaching assignment. North Central asserts that Enstad lost whatever rights she may have had under Section 15-47-27, N.D.C.C., when she failed to give written notice of acceptance of reemployment to North Central on or before May 15, 1976. North Central further asserts that it was reasonable for the school board to include the additional assignment of coaching girls' basketball in Enstad's offer of reemployment and that, upon rejecting such offer, Enstad had no additional reemployment rights under the laws of this state.

On July 21, 1977, a trial was held before the Barnes County District Court, without a jury. The court filed findings of fact and conclusions of law on December 7, 1977, in which the court concluded that North Central had neither violated North Dakota law nor breached any contractual duty with regard to Enstad's nonreemployment for the 1976-1977 school term. Accordingly, judgment was entered dismissing, with prejudice, Enstad's action for damages against North Central.

The following issues are before this court on Enstad's appeal from the district court's judgment:

(1) Whether or not Enstad lost whatever rights she may have had under Section 15-47-27, N.D.C.C., when she failed to give written notice of acceptance of reemployment to North Central on or before May 15, 1976; and
*129 (2) Whether or not Enstad's rights were violated by North Central when her offer of reemployment for the 1976-1977 school term was conditioned upon her acceptance of the additional assignment of coaching girls' basketball.

It is undisputed that negotiations occurred between North Central and the teachers' representative organization, the North Central Education Association, under Chapter 15-38.1, N.D.C.C., regarding contracts for the 1976-1977 school term, and that contract offers were not delivered to the teachers at North Central until May 17, 1976. It is also undisputed that North Central did not give Enstad written notice on or before April 15, 1976, of a determination not to renew her contract for the ensuing 1976-1977 school term. Nor did North Central give Enstad notice on or before April 15, 1976, of a date upon which she must accept or reject proffered reemployment. It is also undisputed that Enstad did not give written notice to the North Central school board on or before May 15, 1976, of acceptance of reemployment. Enstad asserts that she had a right to reemployment for the 1976-1977 school term, under Section 15-47-27, N.D.C.C., when North Central failed to give her written notice by April 15, 1976, of a determination not to renew her contract. North Central asserts that Enstad lost her rights to reemployment under Section 15-47-27, N.D.C.C., when she failed to give notice of acceptance of reemployment on or before May 15, 1976.

Section 15-47-27, N.D.C.C., provides as follows:

"Time for renewal of teachers' contracts. —Any teacher who has been employed by any school district or the director of institutions in this state during any school year, shall be notified in writing by the school board or the director of institutions, as the case may be, not earlier than the fifteenth day of February and not later than the fifteenth day of April in the school year in which he or she has been employed to teach, of the determination not to renew the teacher's contract for the ensuing school year, if such determination has been made; and failure to give such written notice on or before said date shall constitute an offer to renew the contract for the ensuing school year under the same terms and conditions as the contract for the then current year. On or before April fifteenth in any year and not earlier than February fifteenth, all teachers shall be notified of a date, which shall not be less than thirty days after the date of such notice, upon which they will be required to accept or reject proffered re-employment, and failure on the part of the teacher to accept said offer within such time shall be deemed to be a rejection of the offer. Any teacher who shall have accepted the offer of re-employment, either by the action or nonaction of the school board or the director of institutions, on or before April fifteenth, as herein provided, shall be entitled to the usual written contract for the ensuing school year, as provided by law and shall notify the school board or the director of institutions in writing of his or her acceptance or rejection on or before the date specified or before May fifteenth, whichever is earlier.

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