Moldt v. Tacoma School District No. 10

12 P.3d 1042, 103 Wash. App. 472
CourtCourt of Appeals of Washington
DecidedNovember 17, 2000
DocketNo. 24417-9-II
StatusPublished
Cited by7 cases

This text of 12 P.3d 1042 (Moldt v. Tacoma School District No. 10) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moldt v. Tacoma School District No. 10, 12 P.3d 1042, 103 Wash. App. 472 (Wash. Ct. App. 2000).

Opinion

Armstrong, C.J.

—A group of substitute teachers formerly employed by Tacoma School District No. 10 sued the District, contending they were entitled to continuing contract rights under RCW 28A.405.210. The teachers base their claims upon contracts the District entered into with them between 1989 and 1993, which guaranteed the substitute teachers a minimum number of days of employment each school year. The trial court granted the District summary judgment, ruling that the substitutes came within the statutory exclusion from continuing contract rights of teachers who replace teachers on sabbatical, regular, or other leave. RCW 28A.405.900. We agree that the substitute teachers are excluded from continuing contract rights; accordingly, we affirm.

FACTS

Before 1989, Tacoma School District No. 10 had difficulty getting substitute teachers. In 1989, the District attempted to solve this problem by negotiating a collective bargaining agreement with the Tacoma Education Association (TEA), a [475]*475teachers’ union. The agreement created a cadre, or pool of substitute teachers, known as “cadre substitutes.” To attract teachers to participate, the District guaranteed each of them a minimum number of days of work during the school year (as many as 160) and eventually paid them at a higher rate than ordinary substitutes. The District entered into a written contract with each cadre substitute. The contracts stated, “This agreement is not subject to the continuing contract law as per RCW 28A.67.900 [recodified as RCW 28A.405.900 by Laws of 1990, ch. 33],” the statute that excludes teachers hired to replace teachers on leave from continuing contract rights. The District eliminated the cadre substitute program in 1993.

In 1993, the cadre teachers sued, claming that the District (1) denied them continuing contract rights guaranteed by statute, (2) denied them property interests in their employment without due process of law, and (3) denied them the salaries and benefits afforded employees with continuing contract rights. On cross-motions for summary judgment, the trial court granted summary judgment to the District.1 The cadre teachers appeal.

ANALYSIS

I. Statutory Interpretation

The statutory scheme divides teachers and other certificated employees into three classes, which, for ease of reference, may be called (1) regular teachers, (2) provisional teachers, and (3) replacement teachers. See RCW 28A.405.210, .220, .900.

Regular teachers are covered by RCW 28A.405.210, which guarantees them automatic renewal of their contracts, except for cause.2 Upon nonrenewal, formal proce[476]*476dural requirements apply. A regular teacher must receive written notice that specifies the cause for nonrenewal. RCW 28A.405.210. The teacher may then request a hearing to determine whether sufficient cause for nonrenewal existed. RCW 28A.405.210.

Provisional teachers are covered by RCW 28A.405.220, and they are specifically excluded from any rights under RCW 28A.405.210. “Provisional employees” are “person[s] employed by a school district in a teaching. . . position. . . during the first two years of employment by such district. . . .” RCW 28A.405.220.

Replacement teachers are covered by RCW 28A.405.900, which provides in part:

Certificated employees subject to the provisions of RCW 28A.405.010 through 28A.405.240 . . . shall not include those certificated employees hired to replace certificated employees who have been granted sabbatical, regular, or other leave by school districts.
It is not the intention of the legislature that this section [477]*477apply to any regularly hired certificated employee or that the legal or constitutional rights of such employee be limited, abridged, or abrogated.

The District contends that the cadre teachers were replacement teachers and, thus, that RCW 28A.405.900 excludes them from the continuing contract law. The cadre teachers argue that substitute teachers “essentially ‘stabled’ by one school district are ‘regularly hired’ teachers and not ‘replacement’ employees.” Thus, according to the teachers, RCW 28A.405.900 does not apply to them.

We review de novo a summary judgment based upon statutory construction. McFreeze Corp. v. Dep’t of Revenue, 102 Wn. App. 196, 198, 6 P.3d 1187 (2000). In construing a statute, we seek to ascertain and give effect to the legislature’s intent. Duke v. Boyd, 133 Wn.2d 80, 87, 942 P.2d 351 (1997). We look first to the plain language of the statute. Duke, 133 Wn.2d at 87. And, if the statute is ambiguous, we look beyond its terms for legislative intent. Duke, 133 Wn.2d at 86. A statute is ambiguous when it is susceptible to two or more reasonable interpretations. State v. Tili, 139 Wn.2d 107, 115, 985 P.2d 365 (1999). Terms not defined by a statute are given their usual and ordinary meaning. Nationwide Ins. v. Williams, 71 Wn. App. 336, 342, 858 P.2d 516 (1993). We refer to a dictionary for the usual and ordinary meaning of words. Nationwide Ins., 71 Wn. App. at 342. Finally, we construe statutes to avoid absurd or strained results. Whatcom County v. City of Bellingham, 128 Wn.2d 537, 546, 909 P.2d 1303 (1996).

The language of RCW 28A.405.900

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Bluebook (online)
12 P.3d 1042, 103 Wash. App. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moldt-v-tacoma-school-district-no-10-washctapp-2000.