Kornfeld v. School District of Kansas City

831 S.W.2d 210, 1992 Mo. App. LEXIS 689, 1992 WL 77601
CourtMissouri Court of Appeals
DecidedApril 21, 1992
DocketNo. WD 44694
StatusPublished

This text of 831 S.W.2d 210 (Kornfeld v. School District of Kansas City) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kornfeld v. School District of Kansas City, 831 S.W.2d 210, 1992 Mo. App. LEXIS 689, 1992 WL 77601 (Mo. Ct. App. 1992).

Opinion

BERREY, Judge.

This is an action brought by four teachers (appellants) employed by the Kansas City School District. The action was brought because the appellants contend the school district incorrectly withheld incremental salary increases for the 1988-89 school year as mandated by Board Policy 40150. The facts as stated below were stipulated to by both parties at the time of the hearing.

The respondent school district is organized and exists under the State of Missouri to provide public education. A nine member school board governs the school district and creates various policies which are utilized in the school district and are referred to as “board policies.” Once these policies are created, they are implemented by the administration. However, all the policy making power rests with the board and the policies remain in effect until revoked by the board.

The board policies which are specifically applicable to the teachers are included in the teachers’ handbook. This handbook is published annually and is distributed to all the employees. Additionally, the handbook is incorporated by reference into the individual teachers’ contracts issued to the employees and was incorporated into the contract for the 1988-89 school year.

The salary schedule is encompassed in the teachers handbook. It is organized into different levels to which an employee may advance. The employee may advance and earn pay increases in two different ways. The teacher can obtain an increase by gaining further education, or additional years of experience within the district. These longevity increases are known as incremental increases. It is with regard to these incremental increases that Policy 40150 comes into play. Policy 40150 provides as follows:

Salary: Schedules and Increments-Certificated and Professional
The salaries of certificated and professional personnel are based on schedules recommended by the Superintendent and approved by the Board of Directors. Annual Increments:
a. An employee shall progress toward maximum salary by annual increments. An Increment shall mean a scheduled salary increase.
b. Increments are granted to each qualified, certificated and professional employee, not on maximum salary for the classification, at the beginning of each fiscal year.
c. An employee who has been in the system less than 20 years must complete at least 21 weeks of service during a current contract year in order to qualify for an increment, or step, provided by the salary for schedule.
d. An employee entitled to increments shall receive one increment for each fiscal year, or twenty-one weeks thereof, while on an official long-term leave for military service or approved exchange teaching.
e. An increment shall be granted to an employee on leave other than military or exchange teaching only upon the [212]*212recommendation of the Superintendent and approval by the Board.

This board policy was in full force and effect during the 1988-89 school year and therefore was incorporated into the teacher contracts for that year. Policy 40150 was never invalidated or waived during the school year in question; however, “Tentative Conclusions” were agreed upon between representatives of the school district and representatives of the Kansas City Federation of Teachers. These “Tentative Conclusions” had the potential of altering the effect of Policy 40150.

The tentative conclusions in part, involved the subject of salary increases for the 1988-89 school year. It provided the increases would be expressly contingent on Federal court approval of the raises. The contingency existed because of a desegregation budget which required salary raises be approved by the Federal court pursuant to Jenkins v. Missouri, 672 F.Supp. 400, 410 (W.D.Mo.1987), aff'd, 855 F.2d 1295 (8th Cir.1988). The “Tentative Conclusions” were adopted by the school board at its special meeting on April 14,1988, and as a result of this adoption, the board of education did not grant step or incremental increases to teachers for the 1988-89 school year. It is the failure to grant the salary increases which led to this litigation.

The appellants raise three points on appeal. They first contend the trial court erred in finding a binding modification of the appellants’ teaching contract which abrogated the school district’s obligation to grant the annual salary increase. Secondly, they contend the trial court erred in determining the appellants should have signed the contracts “under protest” to negate mutual consent to the modification. For their third point, they contend the judge erred in applying § 168.112 of the Teachers’ Tenure Act and further erred in finding appellant Goodwin was a tenured teacher.

The first issue to be addressed is whether the court erred in determining a modification of the teachers’ contracts occurred when the “Tentative Conclusions” were adopted by the school board.

The Missouri constitution provided for the establishment and maintenance of free public schools within this state. Mo. Const, art. IX, § 1(a); School Dist. of Kansas City v. Clymer, 554 S.W.2d 483 (Mo.App.1977). Pursuant to that direction, the general assembly enacted statutes establishing and regulating public schools. Id. at 486. Section 162.471, RSMo 1965, empowered the board to make “all needful rules and regulations for the organization, grading and government in the school district.” The court in Clymer recognized the board’s broad legislative power and stated the broad powers encompassed the fixing of compensation. Clymer, 554 S.W.2d at 487. In the situation at bar, representatives of the school district and representatives of the Federation of Teachers met and conferred regarding issues affecting the upcoming school year. The tentative conclusions were the product of this meeting. Following this, the school board adopted the tentative conclusions. Appellants contend the school district was acting beyond its authority in adopting the tentative agreement which had the potential of overriding Policy 40150. It is clear the school board may not act in a capricious or arbitrary manner. Id. However, the school board’s actions were taken after recognizing the probability existed that funds would not be available for the incremental increases. This came to fruition after the funds were not approved because of the desegregation situation.

Section 168.110, RSMo (Supp.1990), provides:
The board of education of a school district may modify an indefinite contract annually on or before the fifteenth day of May in the following particulars:
(1) Determination of the date of beginning and length of the next school year;
(2) Fixing the amount of annual compensation for the following school year as provided by the salary schedule adopted by the board of education applicable to all teachers;
The modifications shall be effective at the beginning of the next school year. All teachers affected by the modification [213]*213shall be furnished written copies of the modifications within thirty days after their adoption by the board of education.

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Related

School District of Kansas City v. Clymer
554 S.W.2d 483 (Missouri Court of Appeals, 1977)
Jenkins v. State of Mo.
672 F. Supp. 400 (W.D. Missouri, 1987)

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Bluebook (online)
831 S.W.2d 210, 1992 Mo. App. LEXIS 689, 1992 WL 77601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kornfeld-v-school-district-of-kansas-city-moctapp-1992.