In Re Silvestri's Teaching Contract With Independent School District No. 695

480 N.W.2d 117, 1992 Minn. App. LEXIS 38, 1991 WL 292989
CourtCourt of Appeals of Minnesota
DecidedJanuary 21, 1992
DocketC9-91-1532
StatusPublished
Cited by1 cases

This text of 480 N.W.2d 117 (In Re Silvestri's Teaching Contract With Independent School District No. 695) 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
In Re Silvestri's Teaching Contract With Independent School District No. 695, 480 N.W.2d 117, 1992 Minn. App. LEXIS 38, 1991 WL 292989 (Mich. Ct. App. 1992).

Opinions

OPINION

FORSBERG, Judge.

Relator Mary Silvestri challenges the decision of Independent School District No. 695 to terminate her on the grounds of (1) having a continuing disability and inability to qualify for reinstatement in accordance with Minn.Stat. § 125.12, subd. 7 and (2) insubordination. She claims she qualified for reinstatement because she provided evidence of a physician who had earlier examined her stating that she had recovered from her mental illness. We agree and reverse.

FACTS

Silvestri is a 43-year-old fourth-grade teacher with tenure in the Chisholm school system. On February 6, 1986, the superintendent recommended to the school board that they relieve Silvestri of her teaching duties, pending the outcome of a mental health evaluation.

On March 17, 1986, Silvestri was examined by Dr. Joseph Spencer, a licensed psychiatrist chosen by her from a list of three provided by the school board. Dr. Spencer concluded Silvestri suffered from a “paranoid thought disorder” and concluded “it would not serve [her] best interest * * * [118]*118for her employment to continue at this time.”

Silvestri disagreed with Dr. Spencer’s findings, and requested a panel examination pursuant to Minn.Stat. § 125.12, subd. 7. The school board chose Dr. Spencer to be on the panel and Silvestri chose Dr. Randall LaKosky. The third panel member was Dr. Lee H. Beecher. After the exam, Dr. Beecher and Dr. Spencer concluded Sil-vestri is afflicted with a “mental illness” and should be “removed from classroom teaching until such time as she is capable of resuming the conduct of her teaching duties in a proper manner.” Dr. LaKosky did not submit a report at that time. He had, however, previously sent a letter to Silvestri’s attorney in conjunction with an unrelated workers’ compensation claim. In that letter, Dr. LaKosky stated Silvestri “suffers a severe psychological disability.”

Based upon these reports, the school board voted to suspend Silvestri on September 23,1986, until such time as she presented evidence of her eligibility for reinstatement as provided by Minn.Stat. § 125.12, subd. 7, or until otherwise terminated.

By letter dated September 16, 1987, Dr. LaKosky informed the school district he believed Silvestri was fit to resume teaching. Dr. LaKosky stated that he had treated Silvestri for the past 20 months, and that she was “fully recovered, has been for six months fully recovered, and is not apt to have any more psychological problems in the future.”

The school district informed Silvestri it would not reinstate her on the basis of Dr. LaKosky’s letter alone. Silvestri later responded to the school board, stating that the letter from Dr. LaKosky satisfied the statutory requirement of “evidence from such a physician of sufficient recovery to be capable of resuming performance of duties in a proper manner.” See Minn. Stat. § 125.12, subd. 7 (1986).

On April 30, 1990, Dr. LaKosky again informed the school district that in his opinion, Silvestri was “psychologically capable of returning to work as a teacher.” Silves-tri demanded to be reinstated.

On May 15, 1990, the school board adopted the following resolution:

1. [Ms.] Silvestri will not be reinstated on the basis of Dr. LaKosky’s reports of September 16,1987 and April 30,1990.
2. [Ms.] Silvestri may be reinstated to her teaching position only after complying with the provisions of M.S.A. § 125.-12, Subd. 7. To be reinstated, [Ms.] Sil-vestri must first undergo an examination by a physician she selects from a list of not less than three examiners designated by the School Board.
3. [Ms.] Silvestri will have a period of ten days from May 21,1990 to advise the Board in writing whether she will undergo such an examination. If [Ms.] Silves-tri declines to undergo such an examination, or she fails to advise the Board in writing of her decision within the time designated, the Board intends to initiate a termination proceeding pursuant to M.S.A. § 125.12, Subds. 7 and 8.

Because the school board had not heard from Silvestri by December 10, 1990, the school district began termination proceedings. A hearing was held on May 20,1991, before a hearing examiner appointed by the school district. The hearing examiner concluded that Silvestri had provided evidence from a competent physician that she had recovered from her disability, that the school district did not have the right to require her to submit to further examination prior to reinstatement, and that she should be reinstated to her position as a teacher. The school district rejected the hearing examiner’s findings, and adopted its own terminating Silvestri on the following grounds:

(a) Continuing disability subsequent to a 12-month leave of absence and inability to qualify for reinstatement in accordance with M.S.A. § 125.12, subd. 7.
(b) Insubordination by refusing to cooperate with the School District’s efforts to determine her current health status.

ISSUE

Does “evidence from such a physician” in Minn.Stat. § 125.12, subd. 7 require evidence from a physician chosen using the [119]*119same process outlined for suspension or evidence from any of the physicians from the panel of three who previously examined the teacher during the suspension procedure?

ANALYSIS

The critical determination in this case is the interpretation of “such a physician” within Minn.Stat. § 125.12, subd. 7 (1986). In order to be reinstated, Silvestri submitted a report by Dr. LaKosky within 12 months of her suspension that stated she had fully recovered and would be able to résumé teaching. Dr. LaKosky was the physician Silvestri had chosen to be a member of the three-physician panel during the suspension process. Silvestri claims Dr. LaKosky’s report constitutes evidence “from such a physician.”

The construction of a statute is clearly a question of law and thus fully reviewable by an appellate court. Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985). “The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature.” Minn.Stat. § 645.16 (1990).

Minn.Stat. § 125.12, subd. 7 (1986) provides:

Subd. 7. Suspension and leave of absence for health reasons. Affliction with active tuberculosis or other communicable disease, mental illness, drug or alcoholic addiction, or other serious incapacity shall be grounds for temporary suspension and leave of absence while the teacher is suffering from such disability. Unless the teacher consents, such action shall be taken only upon evidence that suspension is required from a physician who has examined the teacher. The physician shall be competent in the field involved and shall be selected by the teacher from a list of three provided by the school board, and the examination shall be at the expense of the school district. A copy of the report of the physician shall be furnished the teacher upon request. If the teacher fails to submit to the examination within the prescribed time, the board may discharge the teacher, effective immediately.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Silvestri's Teaching Contract With Independent School District No. 695
480 N.W.2d 117 (Court of Appeals of Minnesota, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
480 N.W.2d 117, 1992 Minn. App. LEXIS 38, 1991 WL 292989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-silvestris-teaching-contract-with-independent-school-district-no-minnctapp-1992.