Law v. Mandan Public School District

411 N.W.2d 375, 41 Educ. L. Rep. 706, 1987 N.D. LEXIS 384
CourtNorth Dakota Supreme Court
DecidedAugust 12, 1987
DocketCiv. 11410
StatusPublished
Cited by9 cases

This text of 411 N.W.2d 375 (Law v. Mandan Public School District) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Law v. Mandan Public School District, 411 N.W.2d 375, 41 Educ. L. Rep. 706, 1987 N.D. LEXIS 384 (N.D. 1987).

Opinions

YANDE WALLE, Justice.

Geoff Law appealed from the judgment of the district court of Morton County which dismissed with prejudice his complaint and denied his motion for a writ of mandamus. We affirm.

Law was hired as a building trades instructor at Mandan High School for the 1976-1977 school term. He taught building trades exclusively through the 1980-1981 school term. Because of a drop in enrollment in building trades beginning in the 1981-1982 school term, Law’s teaching duties in that area were reduced to part time. Law was assigned other part-time teaching duties in physical education, industrial arts, and a CPR course. By the 1985-1986 school term, which was Law’s last year of employment at Mandan, enrollment in building trades had decreased to a point that the department was eliminated. During that term Law taught three sections of physical education, one woodworking class in industrial arts, and one woodworking class for the trainable mentally handicapped.

On March 10, 1986, Mandan’s school board voted to contemplate the nonrenewal of Law’s teaching contract, and gave Law written notice of a hearing at which the contemplated nonrenewal would be considered. The reasons given for nonrenewal were: lack of enrollment, elimination of position, and lack of funds. During discussion with the principal, Wallace Schmeling, Law was informed that the position being eliminated was the building trades position. Because Law was hired to fill that position, only he was being contemplated for nonre-newal, rather than the three teachers who had been hired to teach industrial arts.

A nonrenewal hearing was held on March 25, 1986. Law was present and represented by counsel. At the hearing Pius Lacher, Mandan’s superintendent, presented evidence in support of nonrenewal, including Mandan’s reduction-in-force policy [hereinafter RIF], Law questioned the procedure used in deciding which teacher was to be contemplated for nonrenewal. Mandan’s administration took the position that because of a drop in enrollment in building trades, that teacher no longer was required. Because Law was hired for that position he was the logical one to be nonre-newed. When questioned regarding Law’s qualifications to teach industrial arts, Schmeling stated that whether or not Law was qualified in that area was not pertinent to the hearing. Lacher stated that the length of Law’s employment was not considered and that he was not compared to other teachers regarding the factors in Mandan’s RIF policy. At the completion of this testimony, Law requested a continuance of the hearing, which was granted.

At the continued hearing on March 31, Law presented evidence of his qualifications. Law attempted to compare himself to the three industrial arts teachers. He testified that he had been employed ten years by the Mandan Public School District. The other teachers had been employed ten, eight, and five years, respectively. Law testified that he and only one of the other three teachers has a master’s degree. Law also testified that he probably had more experience in industrial arts than any of the other three in view of his ten years at Mandan as well as six years or previous teaching experience.

Following the continued hearing, the Mandan school board voted to nonrenew [377]*377Law’s teaching contract. On April 3, 1986, Law was given a letter of nonrenewal.

Law served a complaint on the Mandan Public School District for breach of contract, failure to perform a required evaluation, and nonrenewal for insufficient reasons. Law moved the trial court to issue a writ of mandamus to the School District requiring it to reinstate him or, in the alternative, award him damages. The district court issued an alternative writ ordering the School District to reinstate Law or to show cause why the court should not issue a writ of mandamus to reinstate Law to his teaching position.

A hearing was held before the district court on August 6,1986, and, at the conclusion of testimony, the court dismissed Law’s complaint and denied his motion for a writ of mandamus.

The several separate issues raised by Law may be condensed to essentially three:

(1) Is the reduction-in-force policy adopted by the School District a part of the contract between the District and the teacher?

(2) If the reduction-in-force policy is a part of the contract did the School District breach that contract?

(3) Were the proper procedures followed?

I

In its memorandum opinion delivered from the bench within minutes after the completion of the hearing, the trial court held that an express-contract theory did not apply, and in its findings the trial court concluded that,

“general contract law does not apply in this case because of the development of the ‘continuing contract law’ created by § 15-47-38(5), and the body of case law construing this special relationship. If express contract law were to apply, Law’s contract would have automatically expired at the end of the 1985-86 school term, and there would be no need for a RIF policy. Mandan’s RIF policy was adopted to supplement and be applied with this law as construed by the continuing contract law and Dobervich [Dobervich v. Central Cass Public School Dist., 302 N.W.2d 745 (N.D.1981)] and Reed [Reed v. Edgeley Public School Dist. No. 3, 313 N.W.2d 775 (N.D.1981)] control the relationship of the parties. Under this law, the District Court is limited in its review of a nonrenewal in the following respects:
“(A) Non-renewal procedures must be followed.
“(B) The reasons given for non-renewal must be legally sufficient and must not be frivolous or arbitrary.
“(C) The Board must not abuse its discretion under the facts.”

The School District agrees that the RIF policy is a part of the contract between the District and its teachers. Although the policy was adopted unilaterally by the District and was not a part of the negotiation process authorized by Chapter 15-38.1, N.D.C.C., an employer may be contractually bound by promises, express or implied, in employee handbooks with respect to job security and termination procedures. Bailey v. Perkins Restaurants, Inc., 398 N.W.2d 120 (N.D.1986); Hammond v. North Dakota State Personnel Board, 345 N.W.2d 359 (N.D.1984). The RIF policy is not incompatible with the provisions of Section 15-47-38(5), N.D.C.C., which we construed in Dobervich and Reed to mean that except for procedural matters a trial court’s review of the reasons given for nonrenewal of the teacher’s contract and the evidence submitted at the hearing pertaining thereto is limited to:

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Law v. Mandan Public School District
411 N.W.2d 375 (North Dakota Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
411 N.W.2d 375, 41 Educ. L. Rep. 706, 1987 N.D. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/law-v-mandan-public-school-district-nd-1987.