Hinckley v. School Board of Independent School District No. 2167

678 N.W.2d 485, 2004 Minn. App. LEXIS 457, 2004 WL 887174
CourtCourt of Appeals of Minnesota
DecidedApril 27, 2004
DocketA03-1234
StatusPublished

This text of 678 N.W.2d 485 (Hinckley v. School Board of Independent School District No. 2167) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hinckley v. School Board of Independent School District No. 2167, 678 N.W.2d 485, 2004 Minn. App. LEXIS 457, 2004 WL 887174 (Mich. Ct. App. 2004).

Opinion

OPINION

ROBERT H. SCHUMACHER, Judge.

This is an appeal by writ of certiorari from the decision of respondent School Board of Independent School District No. 2167, Lakeview, Minnesota, to eliminate a principal position and place relator JoAnne C. Hinckley on unrequested leave of absence. Hinckley argues the school district proceeded on an erroneous theory of law in determining she was not properly licensed to supervise a K-12 program located in one building and erred in refusing to realign positions to protect her seniority rights. We affirm.

FACTS

Hinckley was hired by the school district as an elementary school principal in 1998. She is licensed to teach elementary education grades 1-6 and moderate-to-severe mentally handicapped education, grades K-12. She also holds licenses to serve as director of special education and as an elementary school principal. In 1999, the school district hired David Fjeldheim as a high school principal and in 2000 hired Eric Von Broering as a middle school principal. Both Fjeldheim and Von Broering hold a K-12 principal license.

During the 2002-2003 academic year, the school district closed its elementary and middle schools and opened a new school housing its entire K-12 program. During that year, Fjeldheim served as the principal for grades 7-12, Von Broering as the principal for grades K-6, and Hinckley as a principal on special assignment. Hinckley’s duties included supervising federal programs, various title programs, entitlement programs, and special education.

As a result of budget shortages, the school district decided to reduce its administrative staff by one person for the 2003-2004 academic year To this end, the school district created two new administrative positions — K-12 principal and K-12 assistant to the superintendent and the principal. The school board appointed Fjeldheim to the position of K-12 principal and Von Broering to the position of assistant to the superintendenVprincipal. Hinckley’s position was discontinued and, by a majority vote, the school board proposed Hinckley for placement on unrequested leave of absence effective June 30, 2003.

Hinckley requested a hearing regarding her proposed unrequested leave of absence placement pursuant to Minn.Stat. § 122A.40, subd. 9 (2002). The hearing officer determined Hinckley’s license as an elementary school principal did not authorize her to serve as a K-12 principal. Moreover, the hearing officer determined the school district is not required to realign job duties to create a position for which Hinckley would be properly licensed.

ISSUES

1. Did the school district err in determining Hinckley was not properly licensed to supervise a K-12 program located in one building?

2. Did the school district err in refusing to realign positions to protect Hinck-ley’s seniority rights?

*488 ANALYSIS

1. A school district acts in an administrative capacity when making personnel decisions. State ex rel. Quiring v. Indep. Sch. Dist. No. 173, 623 N.W.2d 634, 637 (Minn.App.2001), review denied (Minn. Mar. 20, 2001). A reviewing court will reverse a school board’s determination “when it is fraudulent, arbitrary, unreasonable, unsupported by substantial evidence, not within its jurisdiction, or based on an error of law.” Dokmo v. Indep. Sch. Dist. No. 11, 459 N.W.2d 671, 675 (Minn.1990). A court in a school case “is not at liberty to hear the case de novo and substitute its findings for those of the school board.” Kroll v. Indep. Sch. Dist. No. 593, 304 N.W.2d 338, 342 (Minn.1981). Statutory interpretation, however, presents a question of law, which we review de novo. Brookfield Trade Ctr., Inc. v. County of Ramsey, 584 N.W.2d 390, 393 (Minn.1998).

The court’s goal in statutory interpretation is to give effect to the intention of the legislature in drafting the statute. Education Minnesota-Chisholm, v. Indep. Sch. Dist. No. 695, 662 N.W.2d 139, 143 (Minn.2003); see also Minn.Stat. § 645.16 (2002) (stating, “object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature”). We first look to see whether the statute’s language, on its face, is clear or ambiguous. Am. Family Ins. Group v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000). A statute is only ambiguous when its language is subject to more than one reasonable interpretation. Id. In the absence of ambiguous language, we need not consider legislative history because the words evince the clear intent of the legislature. Phelps v. Commonwealth Land Title Ins. Co., 537 N.W.2d 271, 274 (Minn.1995).

Hinckley argues the school district proceeded on an erroneous theory of law in determining she was not properly licensed to supervise a K-12 program located in one building. Hinckley points to language in Minn.Stat. § 123B.147, subd. 1 (2002), stating: “If pupils in kindergarten through grade 12 attend school in one building, one principal may supervise the building.” She notes that in 1991, when this language was added, only two types of principal licenses existed — elementary school principal and secondary school principal. 1991 Minn. Laws ch. 265, art. 9, § 35 (showing above quoted change to section 123B.147’s predecessor Minn.Stat. § 123.34, subd. 10 (1990)); Minn. R. 3510.0200, 3510.0400 (1991) (providing for either elementary principal’s license or secondary principal’s license).

Hinckley argues, therefore, that the legislature’s intent in enacting the contested language was to allow a principal with either an elementary or secondary school principal license to supervise a K-12 program located in one building. To buttress this argument, Hinckley points to legislative history regarding a proposed clarifying amendment to section 123B.147 that was never codified into law.

Section 123B.147, subdivision 1, provides that “[e]ach public school building ... may be under the supervision of a principal” and “[i]f pupils in kindergarten through grade 12 attend school in one building, one principal may supervise the building.” Section 123B.147 further provides that each principal “shall hold a valid license in the assigned position of supervision and administration.” Minn.Stat. § 123B.147, subd. 2 (2002). Under the canons of statutory interpretation “shall” means mandatory. MinmStat. § 645.44, subd. 16 (2002).

The language of section 123B.147 is unambiguous.

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Related

Brookfield Trade Center, Inc. v. County of Ramsey
584 N.W.2d 390 (Supreme Court of Minnesota, 1998)
Phelps v. Commonwealth Land Title Insurance Co.
537 N.W.2d 271 (Supreme Court of Minnesota, 1995)
Westgard v. Independent School District No. 745
400 N.W.2d 341 (Court of Appeals of Minnesota, 1987)
Dokmo v. Independent School District No. 11
459 N.W.2d 671 (Supreme Court of Minnesota, 1990)
State Ex Rel. Buys v. Independent School District No. 891
398 N.W.2d 622 (Court of Appeals of Minnesota, 1986)
In Re the Proposed Placement on Unrequested Leave of Nelson
416 N.W.2d 848 (Court of Appeals of Minnesota, 1987)
Strand v. Special School District No. 1
392 N.W.2d 881 (Supreme Court of Minnesota, 1986)
American Family Insurance Group v. Schroedl
616 N.W.2d 273 (Supreme Court of Minnesota, 2000)
Kroll v. Independent School District No. 593
304 N.W.2d 338 (Supreme Court of Minnesota, 1981)
Education Minnesota-Chisholm v. Independent School District No. 695
662 N.W.2d 139 (Supreme Court of Minnesota, 2003)

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Bluebook (online)
678 N.W.2d 485, 2004 Minn. App. LEXIS 457, 2004 WL 887174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinckley-v-school-board-of-independent-school-district-no-2167-minnctapp-2004.