Leu v. Newton Community School District

441 N.W.2d 408, 1989 Iowa App. LEXIS 61, 1989 WL 57060
CourtCourt of Appeals of Iowa
DecidedMarch 16, 1989
DocketNo. 88-300
StatusPublished
Cited by1 cases

This text of 441 N.W.2d 408 (Leu v. Newton Community School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leu v. Newton Community School District, 441 N.W.2d 408, 1989 Iowa App. LEXIS 61, 1989 WL 57060 (iowactapp 1989).

Opinions

DONIELSON, Judge.

Plaintiff school teachers sought judicial review of a decision of an adjudicator which supported the decision of the defendant school district to terminate plaintiffs’ contracts. The district court affirmed as to Donald Leu and Gregory Wesson, but reversed as to Barbara Wesson. Donald and Gregory appealed, claiming the district court erred in: 1) upholding the adjudicator’s decision on the basis of staff reduction due to declining enrollment; and 2) finding that the termination procedure followed by the superintendent was not in violation of the negotiated contract. The school district cross-appealed on the grounds that: 1) the court erred in finding there was not sufficient evidence of legitimate budgetary concerns; 2) a decline in student enrollment was just cause for terminating plaintiffs; and 3) this court lacks jurisdiction because the teachers failed to follow statutory appeal procedures. The school district appealed the district court decision for Barbara, raising the same issues as in its cross-appeal for Donald and Gregory. Barbara cross-appealed, claiming that the court erred in not holding as a further ground for reinstatement that the staff reduction was in violation of the negotiated contract.

The contracts for plaintiff teachers with defendant Newton Community School District were terminated after the 1986-87 school year. The teachers were told that the district budget and enrollments were insufficient to retain the present level of staffing. Donald Leu was an industrial arts teacher. Barbara Wesson was a school nurse. Gregory Wesson taught vocational agriculture. A hearing was held before the school board, and the board found there was just cause for the termination of the contracts.

The teachers appealed the adjudicator’s decision to the district court. The court found the budget shortfall was caused primarily from delayed payments to the school district and did not justify the terminations. The court determined that declining enrollment in their areas justified the termination of Donald and Gregory. However, the decline of 140 students since her start date did not justify the termination of Barbara. The court reversed the adjudicator’s decision as to Barbara and directed the school district to reinstate her. The court affirmed as to Donald and Gregory. All the parties filed appeals from the [410]*410ruling of the district court, and all parties cross-appealed.

I. As an initial matter, we must determine whether we have jurisdiction over these appeals. The school district asserts we lack jurisdiction because the teachers failed to comply with two of the statutory appeal procedures. First, they claim the district court erred in overruling the motion to dismiss based upon the teachers’ failure to file a petition.

We agree where a right of review is statutory, the procedure prescribed must be followed. Kerr v. Iowa Pub. Serv. Co., 274 N.W.2d 283, 286 (Iowa 1979). However, we do not find that a petition is required to start the appeal process. Iowa Code section 279.18 (1987) does not require a petition. The district points to the following sentence: “The adjudicator shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition.” Id. We disagree that this sentence changes the notice of appeal requirement of Iowa Rule of Appellate Procedure 6. No petition is required to start the appeal.

The second jurisdictional argument is based on the teachers’ failure to pay the adjudicator’s fee so that the record could be transmitted to the district court. Nothing in Iowa Code Chapter 279 requires payment of the adjudicator’s cost to preserve the right of appeal. The parties agree that the costs are to be born equally. Iowa Code § 279.17. Judgment was entered against the teachers for their share. However, it would be an undue burden to require laid-off teachers to pay these costs to satisfy appellate procedures. We find this matter to be properly before this court and will be decided on the merits.

II. Our scope of review is limited by Iowa Code section' 279.18. We review the case at law for the correction of errors under the seven standards set out in this statute. Board of Educ. of Fort Madison Community School Dist. v. Youel, 282 N.W.2d 677, 680 (Iowa 1979). The district court is limited to the record made before the board. Id. at 679. We review this record, giving weight to the fact findings of the board, especially when considering the credibility of the witnesses. See Iowa Code § 279.18.

We do not judge the wisdom of the Board’s action, nor can we force the Board to adopt a policy which we may think is preferable. We, like the district court, must leave policy decisions up to the Board, subject to a teacher’s constitutional, statutory, and contractual rights. Olds v. Board of Educ. of Nashua Community School Dist., 334 N.W.2d 765, 771 (Iowa App.1983).

We will first consider the claims of Greg Wesson and Donald Leu. They claim the district court erred in upholding the adjudicator’s decision on the basis of staff reduction due to declining enrollment. Greg and Don assert the superintendent failed to prove by a preponderance of the evidence an acceptable ground for termination.

The superintendent, in a teacher termination case, has the burden to establish the case against the teachers in the first place. After that, the teacher-appellant must demonstrate the error. Youel, 282 N.W.2d at 680. Therefore, we must determine whether the Board’s action is supported by a preponderance of the competent evidence in the record made before the Board when the record is viewed as a whole. Iowa Code § 279.18(6).

Greg and Don both received a Notice and Recommendation to Terminate Contract pursuant to Iowa Code section 279.15. The reason given for both men was, “District budget and enrollments are insufficient to retain the present level of staffing.”

After reviewing the evidence, the district court found that the superintendent had not supported the notice of termination by a preponderance of the evidence based upon a generally declining enrollment or general budgeting concerns. The district court properly gave weight to the Board’s findings of fact, but found that when the record is viewed as a whole, “just cause” by reason of the shortfall in the budget and a steady declining student enrollment was [411]*411not established. The trial court correctly-relied on one of the seven grounds for review. Iowa Code § 279.18(6). We agree with this result. Therefore, we find no error in this conclusion.

The district court went on to say the testimony did show a decline of student enrollment in specific areas. The declining student enrollment in industrial arts justified the termination of an industrial arts teacher.

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441 N.W.2d 408, 1989 Iowa App. LEXIS 61, 1989 WL 57060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leu-v-newton-community-school-district-iowactapp-1989.