In re the Proposed Placement of Hagen

465 N.W.2d 707, 1991 Minn. App. LEXIS 86, 1991 WL 10369
CourtCourt of Appeals of Minnesota
DecidedFebruary 5, 1991
DocketNo. C2-90-1801
StatusPublished
Cited by1 cases

This text of 465 N.W.2d 707 (In re the Proposed Placement of Hagen) 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 the Proposed Placement of Hagen, 465 N.W.2d 707, 1991 Minn. App. LEXIS 86, 1991 WL 10369 (Mich. Ct. App. 1991).

Opinions

[708]*708OPINION

RANDALL, Judge.

Relator, a continuing contract teacher, appeals his placement on unrequested leave of absence. He contends he was deprived of a meaningful hearing by the alleged introduction of new evidence at a school board meeting held subsequent to an independent hearing held pursuant to Minn. Stat. § 125.12, subd. 4 (1988). He also contends that the findings of fact issued by the school board pursuant to Minn.Stat. § 125.12, subd. 10 (1988) were insufficient, and that the record lacks substantial evidence to support the school board’s determination that there were no reasonable and practical realignments of staff available to the board to preserve his full-time position. We affirm.

FACTS

Independent School District #736, Belgrade-Elrosa, Minnesota, and Independent School District #737, Brooten, Minnesota, are parties to an inter-district cooperative agreement. Pursuant to this agreement, each district maintains its own elementary school, but the secondary schools were consolidated with grades 7-9 in Belgrade-Elro-sa and grades 10-12 in Brooten.

In the spring of 1990, the school boards and the superintendent were considering budget problems experienced by the Broo-ten school district. One of the cost reduction proposals was the elimination of an industrial arts teaching position. The position was held by Gregory Hagen, relator, a full-time tenured teacher.

On March 12, 1990, Brooten school board passed a resolution proposing to place Ha-gen on an unrequested leave of absence pursuant to Minn.Stat. § 125.12, subd. 6b (1988) on the grounds of “discontinuance of position, lack of pupils, [and] financial limitations.” Hagen requested a hearing before an independent hearing officer in accordance with Minn.Stat. § 125.12, subd. 4. The hearing took place on March 27, 1990.

At the hearing, Hagen argued for a realignment of the districts’ staff which would preserve his position and reduce or eliminate a probationary teacher. The essence of Hagen’s argument was to reassign senior teachers with physical education qualifications to classes then being taught by a probationary teacher which would indirectly open industrial arts classes which Hagen could instruct.

On April 24, 1990, the hearing officer issued his findings of fact, conclusions, and recommendations. His recommendation was that the school board direct the superintendent and secondary principals to “reconsider the possibilities of realignment.”

On May 14,1990, at a public school board meeting, the superintendent and secondary principals reiterated to the school board why realignment was not reasonable or practical. Thereafter, the school board passed a resolution placing Hagen on unrequested leave of absence. The resolution did not contain findings of fact as required by Minn.Stat. § 125.12, subd. 10. Hagen was served written notice of the board’s resolution May 15, 1990.

The school board met on June 25, 1990, and adopted findings of fact relating to their May 14, 1990, resolution placing Ha-gen bn unrequested leave. The board issued those findings of fact on June 26, 1990. On August 9, 1990, Hagen appealed the action of the school board pursuant to Minn.R.Civ.App.P. 115.

ISSUES

1. Did relator receive a meaningful opportunity to challenge his placement on unrequested leave of absence?

2. Did the school board provide sufficient findings of fact pursuant to Minn. Stat. § 125.12, subd. 10 in placing relator on unrequested leave of absence?

3. Did the record contain substantial evidence to support the respondent’s decision that there were no reasonable and practical realignments available to protect the full-time position of relator?

ANALYSIS

Standard of review.

The standard of review which this court applies in review of school board actions is settled.

[709]*709A school board acts in its administrative capacity when it places a teacher on an unrequested leave of absence. * * * “The nature of judicial review in a certio-rari proceeding under Minn.Stat. § 125.12 is limited.” ■■ * * 4 A board’s decision to place a teacher on an unrequested leave of absence may be set aside only if the decision is fraudulent, arbitrary, unreasonable, unsupported by substantial evidence, not within the school board’s jurisdiction, or based on an erroneous theory of law. * * * Substantial evidence is “evidence upon which reasonable minds can rely in arriving at a conclusion.” * * * To determine whether substantial evidence is present, a court must examine the record as a whole. * * *

Destache v. Independent School District No. 832, 434 N.W.2d 270, 271 (Minn.App.1989) (citations omitted). See also Atwood v. Independent School District No. 57, Foley, 354 N.W.2d 9, 11-12 (Minn.1984).

I.

Meaningful hearing.

Hagen first contends that he was not afforded a “meaningful hearing” on the possibility of staff realignments in order to maintain his full-time position. Hagen argues that the school board meeting of May 14, 1990, resulted in the school board taking action based on new testimony and evidence not presented at the March 27, 1990, hearing. A review of the record indicates the May 14, 1990, school board meeting did not deprive Hagen of a meaningful hearing.

Hagen requested a hearing pursuant to Minn.Stat. § 125.12, subd. 4, and that hearing was held before an independent hearing officer on March 27, 1990. At the hearing, the board presented witnesses and Hagen was permitted extensive cross-examination. Hagen did not present any evidence or testimony of his own. The hearing officer then issued his findings of fact, conclusions and recommendation. The hearing officer’s recommendation was for the school board to “direct the superintendent and principals to carefully reconsider the possibilities of realignment with particular emphasis on the suggested scenario wherein [a probationary teacher’s] physical education responsibilities would be filled by more senior teachers.”

At the May 14, 1990, school board meeting, the recommendation of the hearing officer was implemented. The superintendent and principals presented the same information to show realignment was not reasonable or practical. This was not a new position. It was a restatement of what had been presented and considered at the March 27, 1990, hearing. Hagen contends that a written synopsis of the principals and superintendent’s information attached to the school board’s findings of fact issued June 26, 1990, constitutes new evidence. However, that attachment was just a restatement of the previously presented and discussed information. We find no new evidence presented to the school board at its May 14, 1990, meeting.

Hagen also contends that he was excluded from the May 14, 1990, school board meeting and was therefore denied a meaningful hearing. The minutes of the meeting indicate that the meeting was open to the public and Hagen attended. There is nothing in the record that indicates Hagen desired to address the board and nothing prevented Hagen from presenting any additional matters of his own choosing.

The March 27, 1990, hearing addressed the issue of realignment relevant to Hagen.

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Related

In Re the Demotion of Dillenberger
486 N.W.2d 17 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
465 N.W.2d 707, 1991 Minn. App. LEXIS 86, 1991 WL 10369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-proposed-placement-of-hagen-minnctapp-1991.