Hayes v. Orleans Parish School Board

237 So. 2d 681, 256 La. 677, 1970 La. LEXIS 3527
CourtSupreme Court of Louisiana
DecidedJune 29, 1970
Docket50107
StatusPublished
Cited by21 cases

This text of 237 So. 2d 681 (Hayes v. Orleans Parish School Board) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Orleans Parish School Board, 237 So. 2d 681, 256 La. 677, 1970 La. LEXIS 3527 (La. 1970).

Opinion

SANDERS, Justice.

The question before us in one of first impression: Does the Tenure Law for teachers in Orleans Parish apply to School Board positions in a federally funded program under the United States Elementary and Secondary Education Act?

In 1947, Lucille G. Hayes entered the employ of the Orleans Parish School Board as a classroom teacher. Under LSA-R.S. 17:461, the Tenure Law for teachers in Orleans Parish, she acquired tenure as a teacher in 1950. Later, in 1958, she acquired tenure as a consultant in the school system.

In 1965, federal funds became available under the United States Elementary and Secondary Education Act of 1965 (20 U.S.C.A. § 241a et seq.) for a pilot summer program called “Project Headstart.” With the School Board’s approval, the Superintendent notified Miss Hayes of her appointment as supervisor of the project for eleven weeks, June 14 through August 27, 1965. At the end of this period, Miss Playes returned to her former position as consultant.

In February, 1966, Miss Hayes was again appointed as supervisor of a federally funded project, known as “Project Kindergarten, Teacher Aide, Reduction of Class Size and Adjustment Teaching.” The appointment was for the duration “of funding by the Federal government.” On August 31, 1966, she returned to her position as Consultant at her regular salary.

In November, 1966, she again became supervisor of a Teachers’ Aide Project for a 10-month period. At the end of that time, she initiated her own personal request to return to her regular position as consultant.

*681 After she had served as consultant for one week, additional federal funds became available for the federal project. She was reappointed as supervisor of the Teachers’ Aide Project effective August 28, 1967. The project commenced on the date of her appointment and terminated August 24, 1968.

By letter dated July 11, 1968, the Superintendent of Schools notified Miss Hayes of her reassignment to her regular position as consultant effective August 26, 1968. On August 12, 1968, the Superintendent recommended to the School Board in writing that she be so reassigned to her regular position as consultant “because of' the completion of the federally funded programs.” The School Board approved.

Miss Hayes brought the present action for an injunction to prevent her reassignment from the position of supervisor. The district court granted a preliminary injunction in favor of the plaintiff. The Court of Appeal affirmed, 225 So.2d 131. On application of the Orleans Parish School Board, we granted certiorari to review the judgment of the Court of Appeal. 254 La. 849, 227 So.2d 593.

The Teachers’ Tenure Law for teachers in Orleans Parish provides:

LSA-R.S. 17:461:
“All teachers shall serve a probationary term of three years reckoned from the date of appointment in the parish of Orleans, during which term the Orleans Parish school board may dismiss or discharge any such probationary teacher upon the recommendation of the superintendent of public schools for the Parish of Orleans, accompanied by the written reasons therefor.
“Any probationary teacher found unsatisfactory by the Orleans Parish school board at the expiration of the said probationary period, shall be notified in' writing by the board that he has been discharged or dismissed; in the absence of such notification, the probationary teacher shall automatically become a regular and permanent teacher in the employ of the Orleans Parish school board; all teachers employed by the Orleans Parish school board as of July 26, 1944 who hold proper certificates, and who have served as such in Orleans Parish for more than threé consecutive years, are declared to be regular and permanent teachers in the employ of the Orleans Parish school board.”
LSA-R.S. 17:462:
“A permanent teacher shall not be removed from office except on written and signed charges of immorality, or of wilful neglect of duty, or of incompetency, * * * and then only if found guilty after a hearing by the Orleans Parish school board, which hearing may be private or public, at the option of the teacher. At least ten days in advance of the *683 date of the hearing, the Orleans Parish school board shall furnish the teacher with a copy of. the written charges. 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 said board at the hearing. Nothing herein contained shall be construed as depriving the Orleans Parish school board or any teacher thereof of any right of action it or they may be entitled to under the Constitution and laws of the state of Louisiana.” (Italics ours).

The position of supervisor in the federally funded program included annual compensation of $14,484.00 ($1207.00 per month for 12 months), with one months’ vacation. The position of consultant is of a nine-month duration at an annual salary of $9,750.00, paid in ten four-week periods of $975.00 per period.

Plaintiff contends that she has acquired tenure as a permanent supervisor under LSA-R.S. 17:462; that she cannot be reassigned to her former position as consultant, because it results in a reduction in compensation, status, rank, and dignity; that it constitutes a removal from office in violation of'the Tenure Law.

The Orleans Parish School Board asserts that the Tenure Law is inapplicable to positions with the School Board in federally funded programs. Alternatively, it contends that Miss Hayes was a probationary supervisor only and the School Board complied with LSA-R.S. 17:461 in dismissing her from that position.

In the statutory context, the question framed is whether a supervisory position in a special program created by the infusion of federal funds under the United States Elementary and Secondary Education Act is an “office” within the intendment of the Teachers’ Tenure Law for Orleans Parish.

The Teachers’ Tenure Law for Orleans Parish was enacted as part of Act No. 100 of 1922, a comprehensive statute defining the duties of the state and parish school boards as well as providing for the administration of the public schools. The statute-refers to the General Fund of the Parish School Board and its sources. The Louisiana Constitution of 1921 had already dedicated certain tax revenues to the public schools and provided for their disbursement through the “general parish school fund.” The revenues allocated to pay the-cost of operating the school system are recurrent state and local funds.

The tenure provision 1 was obviously included to assure the continued employment of worthy teachers within the regularly maintained school system, a system built upon state and local revenue. Massive in *685 fusions of federal funds, resulting in a proliferation of special, short-term programs, were never contemplated. The major premise of the legislation was that public education was a state and local responsibility.

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Bluebook (online)
237 So. 2d 681, 256 La. 677, 1970 La. LEXIS 3527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-orleans-parish-school-board-la-1970.