Meyers v. Sabine Parish School Bd.

499 So. 2d 690, 36 Educ. L. Rep. 1048, 1986 La. App. LEXIS 8623
CourtLouisiana Court of Appeal
DecidedDecember 10, 1986
Docket86-67
StatusPublished
Cited by7 cases

This text of 499 So. 2d 690 (Meyers v. Sabine Parish School Bd.) 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
Meyers v. Sabine Parish School Bd., 499 So. 2d 690, 36 Educ. L. Rep. 1048, 1986 La. App. LEXIS 8623 (La. Ct. App. 1986).

Opinion

499 So.2d 690 (1986)

Yvonne S. MEYERS, Plaintiff-Appellant,
v.
SABINE PARISH SCHOOL BOARD, Defendant-Appellee.

No. 86-67.

Court of Appeal of Louisiana, Third Circuit.

December 10, 1986.
Writ Denied February 6, 1987.

*691 Lauren Gaye Coleman of Bolen and Erwin, Alexandria, for plaintiff-appellant.

Robert E. Plummer, Asst. Dist. Atty., Mansfield, Elizabeth Pickett, Many, for defendant-appellee.

Before LABORDE, KNOLL and KING, JJ.

LABORDE, Judge.

Yvonne S. Meyers, a tenured teacher, brought suit against the Sabine Parish School Board, her former employer, for reinstatement pursuant to the Louisiana Teachers' Tenure Act, LSA-R.S. 17:441-544. Plaintiff asserts that procedural and substantive deficiencies concerning her removal hearing vitiated any legal effect of her discharge by the school board. The school board insists that plaintiff's due process rights were honored and that plaintiff's guilt was established by substantial evidence. After carefully reviewing the record, we find substantial compliance with the Tenure Act and find a rational basis for the Board's determination of plaintiff's willful misconduct. For these reasons, we affirm.

FACTS

Ms. Meyers worked for the Sabine Parish School Board as a reading instructor at the Zwolle Intermediate School in Zwolle, Louisiana. She had worked as a teacher for thirty-one (31) years and indisputably qualified as a tenured or "permanent" teacher under LSA-R.S. 17:442.

Zwolle Intermediate evidently has a cold gym. During the less temperate months, physical education students refuse to dress-out *692 for class. This situation became acute during fourth period where a substitute teacher had replaced the regular coach who was on leave. The school's principal, William Ruffin, grew concerned and attempted to alleviate the problem by having the recalcitrant students report to him. Thereafter, he would assign the students to a teacher with a "free" or "planning" period. This intervention technique: (1) removed nonparticipating students from the gym bleachers before they became troublesome; (2) encouraged students to dress-out for class; (3) allowed maximum flexibility for the principal; and (4) was widely accepted by the teachers at Zwolle Intermediate and by the Sabine Parish School District at large.

Both plaintiff and Mr. Ruffin testified that from time to time students from the P.E. class would report to Ms. Meyers for supervision. The number of students fluctuated as did the number of encumbered days per week. Plaintiff recalls that she was called upon to take this onerous duty virtually everyday while Mr. Ruffin avers that he split the burden equitably between the two teachers with a free period at that time—Ms. Meyers and Ms. Henderson. Mr. Ruffin noted that not all teachers were granted planning periods and that teachers in no way were vested with a right to free periods. Ms. Meyers accepted this extra responsibility, with reticence, at least until March 16, 1984.

Plaintiff and Principal Ruffin offer competing versions of what actually occurred during the fourth period of that day. Plaintiff states that unassigned students entered her classroom and stayed there as she attempted to complete her duty of recording grades. After an hour of unruly behavior, the students left for their next assigned classes. One of the students, Sarah Bolton, supports Ms. Meyers version of the incident. Mr. Ruffin states that several children reported to him in the school lunchroom where he was having lunch with two members of the Sabine Parish School Board, E.B. Malmay and Harold Stewart. The principal told the students to go to Ms. Meyers' class for the period. Minutes later, the students returned saying Ms. Meyers refused entry to her classroom. According to Mr. Ruffin, the children told him that Ms. Meyers locked her door and went to the library. At this point, Mr. Ruffin says he walked with the children to Ms. Meyers' room, unlocked the door and allowed the students to remove their belongings which had been left there prior to the lunch. Mr. Ruffin then walked the students to Ms. Henderson's room where the students remained for the compliment of the period.

The School Board members present at lunch testified that after the students were sent to Ms. Meyers' class they returned. Mr. Malmay could not remember the teacher's name, but Harold Stewart specifically recalled the situation and corroborated Mr. Ruffin's testimony.[1]

Mr. Ruffin admits to not formally requesting that Ms. Meyers accept the students and that there was a possible "breakdown in communications" between the principal and teacher via the students. Mr. Ruffin stated that prior to the March 16th incident, Ms. Meyers had always accepted students during her free period. Further, Mr. Ruffin admits that he did not request *693 from Ms. Meyers an explanation of her apparent insubordination.

The next incident occurred on April 2, 1984, again in the fourth period. This time the students came to Mr. Ruffin's office from the gym where they had refused to dress out. Remembering the March 16th fiasco, Mr. Ruffin decided to escort the students to plaintiff's room. Again, two competing versions of truth were offered. Mr. Ruffin avers that plaintiff was in her room when he mandated that she supervise the students; whereupon, plaintiff objected noting the unfairness of the situation, but stayed with the students. Mr. Ruffin returned to his office. Minutes later, his intuition led him back to plaintiff's room to confirm plaintiff's compliance with his order. Not surprisingly, the class lacked its teacher, Ms. Meyers, who was later seen by Mr. Ruffin sitting at a table in the library. Mr. Ruffin secured the room by having another teacher watch the students. Mr. Ruffin returned to his office and called Mr. Malmay of the school board to witness plaintiff's insubordination. Plaintiff avers that, as usual, she acquiesced to the extra duty notwithstanding the fact that she was leaving the room to copy material for her afternoon classes. Plaintiff admits that she briefly left the room, but only for the limited purpose of fulfilling her teaching duties for her regularly assigned classes.

Mr. Malmay's testimony lends credibility to Mr. Ruffin's version of the incident. Upon arrival, Mr. Malmay went to the library and saw Ms. Meyers just sitting there with a book in her hand. In the hall, Mr. Malmay and Ms. Meyers discussed the propriety and fairness of forcing students on a teacher during her planning period. This conversation was overheard by at least one of the unsupervised students, Sarah Bolton, who characterized the discussion as an "argument."

Mr. Ruffin complained to the school board which notified plaintiff that a termination hearing was scheduled for July 18, 1984, by letter dated June 21, 1984. The board unanimously found plaintiff guilty of two separate incidents of willful neglect. Plaintiff filed this action in forma pauperis for reinstatement pursuant to the Louisiana Teachers' Tenure Act. The trial court denied plaintiff the privilege of proceeding in forma pauperis after plaintiff's finances were scrutinized. After reviewing the school board's record, the Eleventh Judicial District Court dismissed plaintiff's suit finding Ms. Meyers' termination was procedurally and substantively correct. Plaintiff appeals specifying four errors.

SPECIFICATIONS OF ERROR
"I. The Trial Court erred in finding that the Sabine Parish School Board followed the procedural guidelines mandated by the Louisiana Teacher Tenure Act.
II.

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Bluebook (online)
499 So. 2d 690, 36 Educ. L. Rep. 1048, 1986 La. App. LEXIS 8623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-sabine-parish-school-bd-lactapp-1986.