Hays v. Louisiana State Board of Elementary & Secondary Education

39 So. 3d 818, 2004 La.App. 1 Cir. 1386, 2010 La. App. LEXIS 879, 2010 WL 2342409
CourtLouisiana Court of Appeal
DecidedJune 11, 2010
Docket2009 CA 1386
StatusPublished
Cited by9 cases

This text of 39 So. 3d 818 (Hays v. Louisiana State Board of Elementary & Secondary Education) 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
Hays v. Louisiana State Board of Elementary & Secondary Education, 39 So. 3d 818, 2004 La.App. 1 Cir. 1386, 2010 La. App. LEXIS 879, 2010 WL 2342409 (La. Ct. App. 2010).

Opinions

McClendon, j.

|2The surviving husband and heir of a tenured teacher appeals a summary judgment dismissing a claim for wrongful demotion against the Louisiana State Board of Elementary and ^Secondary Education (BESE) and denying his crossmotion for summary judgment. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL HISTORY

Susan Ann Smith Hays was a permanent full-time teacher and administrator at the Northwest Developmental Center (NDC), a special school within the Special School District Number One (SSD) operated by BESE. Mrs. Hays served as principal at NDC from July 1, 1992 through June 30, 2004, and acquired tenure in that position. During- her last year of employment in that position, her maximum salary stated in her contract was $73,926.96.

By the 2004-05 fiscal year, the SSD experienced a significant decrease in student enrollment at various special schools, accompanied by budget reductions and elimination of employee positions. NDC had only four students enrolled at the beginning of the 2004 school year, compared to eleven enrolled at the beginning of the 2002 school year. At the end of the 2004 school year, NDC had only two enrolled students. The SSD prepared and submitted to BESE a “reduction in force” (RIF) plan to deal with its enrollment and budgetary reductions. The RIF plan called for the elimination of principal positions at seven of the SSD schools, including NDC. BESE approved the RIF plan on April 15, 2004. As approved, the RIF plan provided that affected employees would be contacted in the order of their seniority and advised of their options, and that all actions taken to implement the RIF would be in accordance with the Louisiana Department of Education’s Personnel and Administrative Manual of Special School District and Board Special Schools.

On April 19, 2004, all SSD employees were mailed copies of a detailed memorandum explaining the RIF plan. On June 7, 2004, the SSD began issuing notices of the implementation of the RIF plan to affected employees in the order |sof their seniority, offering available positions that were either vacant or held by employees with less seniority.

Mrs. Hays was contacted on June 10, 2004, and advised that she would be affected by the elimination of the position of principal at NDC. She was offered a teaching position at any of eight special schools, including NDC, and opted to accept a position at NDC. Effective July 1, 2004, her salary in her new position was $64,383.09. However, Mrs. Hays expressly noted on her “SSD Salary Computation Form” that, by accepting her new position, she was not waiving her claim that she was improperly demoted from her prior salary level.

On December 7, 2004, Mrs. Hays filed a petition in the 19th Judicial District Court, naming BESE as defendant and seeking declaratory judgment that BESE illegally demoted her and recovery of the difference between her prior salary and her new lower salary, plus all emoluments associated with her prior salary.

On December 30, 2004, BESE filed its answer, denying that its actions contra[820]*820vened Louisiana law and denying any liability to Mrs. Hays.

Mrs. Hays died on March 10, 2005. Her husband, Allen Ray Hays, was subsequently placed in possession of her litigious rights in this action, and was substituted as plaintiff.

On November 6, 2008, plaintiff filed a motion for summary judgment on the merits. On February 27, 2009, BESE responded with a cross-motion for summary judgment, focusing on the legal issue of whether the laws relating to teacher tenure applied to and regulated its implementation of the SSD RIF plan.

Both motions were eventually heard on April 27, 2009. The trial court ruled in favor of BESE on both motions, denying plaintiffs motion and granting BESE’s motion, dismissing the action with prejudice and at plaintiffs costs. Its judgment to the foregoing effect was signed on May 5, 2009.

Plaintiff now appeals, seeking reversal of the trial court’s judgment and judgment on his motion in his favor.

|¿ASSIGNMENT OF ERROR'

In this appeal, plaintiff assigns the following as error:

The district court erred in finding that the rights of tenured teacher[s] are forfeited and meaningless under BESE’s Reduction in Force policy such that BESE may demote tenured teachers without [first] providing [a] tenure hearing.

BESE, on the other hand, maintains that the implementation of a RIF, as authorized by LSA-R.S. 17:81.4, does not invoke the teacher tenure provisions of LSA-R.S. 17:45, for special school teachers, or LSA-R.S. 17:441, et seq., the general teacher tenure law. BESE argues that the RIF procedures were properly implemented and that it owed no duty to plaintiff to provide a tenure hearing.

STANDARD OF REVIEW

Summary judgment is subject to de novo review on appeal, using the same standards applicable to the trial court’s determination of the issues. Peak Performance Physical Therapy & Fitness, LLC v. Hibernia Corp., 07-2206, p. 5 (La. App. 1 Cir. 6/6/08), 992 So.2d 527, 530, writ denied, 08-1478 (La.10/3/08), 992 So.2d 1018. The summary judgment procedure is expressly favored in the law, and is designed to secure the just, speedy, and inexpensive determination of non-domestic civil actions. LSA-C.C.P. art. 966 A(2). Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, admissions, and affidavits in the record show that there is no genuine issue as to material fact, and that the mover, is entitled to judgment as a matter of law. LSA-C.C.P. art. 966 B.

As conceded by the parties, the questions presented for our determination are purely legal ones, rather than factual ones, and therefore particularly appropriate for determination by summary judgment “as a matter of law.” See LSA-C.C.P. art. 966 C(l). In a case involving no dispute regarding material facts, but only the determination of a legal issue, a reviewing court must also apply the de novo standard of review, under which the trial court’s legal conclusions are not entitled to deference. Kevin Associates, L.L.C. v. Crawford, 03-0211, p. 15 (La.1/30/04), 865 So.2d 34, 43; La. Workers’ Comp. Corp. v. La. Ins. Guar. Ass’n, 08-0885, p. 8 (La.App. 1 Cir. 5/13/09), 20 So.3d 1047, 1052, writ denied, 09-1308 (La.10/9/09), 18 So.3d 1282.

APPLICABLE LAW

The Reduction in Force (RIF) Statute

Louisiana Revised Statutes 17:81.4 was first enacted in 1983, and requires school [821]*821boards to establish published rules and policies for the dismissal of teachers due to “reductions in force,” or layoffs. It provides, in pertinent part:

A. Not later than January 1st, 1984, each city and parish school board shall develop and adopt rules and policies which it shall use in dismissing teachers at any time a reduction in force is instituted by such school board. Such rules and policies shall be made available for inspection by teachers, other school employees and the general public within ten days after final adoption.
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D. Not later than January 1, 1996, all reduction in force policies of the city and parish school boards and special schools as provided in this Section shall include but not be limited to the following minimum standards:

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Hays v. Louisiana State Board of Elementary & Secondary Education
39 So. 3d 818 (Louisiana Court of Appeal, 2010)

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Bluebook (online)
39 So. 3d 818, 2004 La.App. 1 Cir. 1386, 2010 La. App. LEXIS 879, 2010 WL 2342409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hays-v-louisiana-state-board-of-elementary-secondary-education-lactapp-2010.