McDaniel v. Caddo Parish School Board

347 So. 2d 33, 1977 La. App. LEXIS 4196
CourtLouisiana Court of Appeal
DecidedMay 23, 1977
DocketNo. 13205
StatusPublished
Cited by3 cases

This text of 347 So. 2d 33 (McDaniel v. Caddo Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDaniel v. Caddo Parish School Board, 347 So. 2d 33, 1977 La. App. LEXIS 4196 (La. Ct. App. 1977).

Opinions

HALL, Judge.

The issue in this case is whether plaintiff, William C. McDaniel, Director of Personnel for the Caddo Parish School Board, is eligible for a sabbatical leave under the provisions of LSA-R.S. 17:1171 which provides in part:

“Members of the teaching staff of public schools in all parishes and municipalities of the state of Louisiana shall be eligible for sabbatical leaves, for the purpose of professional or cultural improvement, or for the purpose of rest and recuperation, for the two semesters immediately following any twelve or more consecutive semesters of active service in the parish where the teacher is employed, or for the one semester immediately following any six or more consecutive semesters of service.”

This court, after reargument of the case before a panel of five judges pursuant to the mandate of Article V, Section 8(B) of the Louisiana Constitution of 1974, resolves the issue in favor of plaintiff, reversing the contrary decision of the district court.

McDaniel applied for a sabbatical leave for purposes of rest and recuperation. His application was denied by the School Board solely on the basis of the School Board’s determination that he is not “a member of the teaching staff” as that term is used in the statute. McDaniel’s suit for a writ of mandamus compelling the Board to grant the leave was dismissed by the district court, which held that the Board has discretion to determine which employees are and are not members of the teaching staff and the Board’s discretion was not abused in this case.

[35]*35McDaniel appealed, urging that the trial court’s decision should be reversed for any one of the following reasons:

“(a) The term ‘member of the teaching staff as used in R.S. 17:1171 is clear and includes all personnel whose position requires a teaching certificate; or
“(b) The term ‘member of the teaching staff’ is unclear, but when interpreted in pari materia with R.S. 17:441, R.S. 17:471, R.S. 17:571(23) and R.S. 17:762 includes all personnel whose position requires a teaching certificate; or
“(c) The term ‘member of the teaching staff’ is not clear and is not in pari mate-ria with other definitions of teacher found in Title 17, but must be interpreted uniformly to mean all personnel whose position requires teaching certificate; or
“(d) Is none of the above, but the Cad-do Parish School Board acted arbitrarily in denying plaintiff’s application for sabbatical leave and plaintiff is therefore entitled to the leave; or
“(e) The Caddo Parish School Board did not act arbitrarily, but under the facts of this case are estopped from denying plaintiff’s leave.”

McDaniel’s position is supported by the Louisiana Teachers Association, which filed a brief in this Court as amicus curiae.

The School Board contends that members of the teaching staff include only those persons who take an active and direct role in the instructional or educational process and supervisors who actually supervise teachers or formulate curriculum, general or specific, offered in the school system, or directly assist, instruct, or otherwise impart knowledge or skills to the classroom teacher; and that the Board has the authority to determine whether an individual is a member of the teaching staff and should do so on a case by case basis. The Board contends the Director of Personnel does not come within these criteria.

McDaniel holds a teacher’s certificate. He previously held positions with the Caddo Parish School Board as classroom teacher, counselor, and Supervisor of Classified Personnel. In 1973, he became Director of Personnel. The Director of Personnel is required by the School Board to hold a teacher’s certificate as a qualification for employment in that position.

The Board’s job description for the position and the testimony of witnesses show that the Director of Personnel administers the personnel responsibilities of the Board under the supervision of the Assistant Superintendent of Administration and Personnel. His duties relate to all personnel employed by the Board, both certified personnel who are required to hold teacher’s certificates and classified personnel who are not required to hold teacher’s certificates. In relation to certified personnel, the Director of Personnel is responsible for interviewing and recruiting prospective teachers and participates in the screening, employment, placing and assigning of teachers in the school system. He maintains all personnel records and, generally, is in charge of employee relations. He, along with the Assistant Superintendent, confers annually with a limited number of teachers who are reported by principals as performing below expectations and in this connection offers advice to the teachers in an effort to improve their performance. He confers with teachers in connection with other employment matters. He administers promotional examinations and serves on the promotion interview committee.

Prior to 1975, sabbatical leaves were routinely granted by the School Board, on the recommendation of the administrative staff, to administrative employees holding teacher’s certificates. McDaniel’s predecessor as Director of Personnel was granted a sabbatical leave in 1972. In 1975, the Board questioned this practice in connection with an application for leave by the Director of Public Relations. The minutes of the Board reflect her application was denied. The minutes also reflect a policy adopted by the Board of referring applications by administrative personnel to the Administrative Committee for consideration prior to action by the Board. The testimony shows that the present policy of the Board, which has not been reduced to writing and is not [36]*36reflected by its minutes, is to decide on a case by case basis as applications are filed whether supervisory and administrative personnel are members of the teaching staff and entitled to sabbatical leave under the statute. The Board’s current policy and procedure in good faith follows opinions of the Attorney General rendered to various school boards in recent years. The opinions are to the effect that supervisory personnel are eligible only if they take an active or direct role in the instructional or educational process; that supervisors are eligible who actually supervise teachers and who actually formulate the curriculum, general or specific, offered in the school system, or directly assist, instruct, or otherwise impart knowledge or skills to the classroom teacher; and that the Board has the authority to determine whether an individual is a member of the teaching staff and should do so on an individual basis.

The central issue then is one of interpretation of “members of the teaching staff” and “teacher” as used in LSA-R.S. 17:1171, et seq. The issue is res nova.1

Neither the plaintiff nor the School Board contends that the statute is limited to classroom teachers. The School Board, in its statement of policy and in its practice of actually granting sabbatical leaves to certain supervisory and administrative personnel, recognizes that the statute applies to at least some administrative and supervisory personnel. Likewise, plaintiff would concede that the statute does not apply to supervisory and administrative personnel whose duties do not relate to teaching, who do not hold a teacher’s certificate, and whose employment does not require a teacher’s certificate.

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Related

Ouachita Parish Sch. Bd. v. Ouachita
362 So. 2d 1138 (Louisiana Court of Appeal, 1978)
McDaniel v. Caddo Parish School Board
350 So. 2d 671 (Supreme Court of Louisiana, 1977)
Shaw v. Caddo Parish School Bd.
347 So. 2d 39 (Louisiana Court of Appeal, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
347 So. 2d 33, 1977 La. App. LEXIS 4196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-caddo-parish-school-board-lactapp-1977.