Oldham-Ramona School District No. 39-5 v. Jensen

503 N.W.2d 260, 1993 S.D. LEXIS 87
South Dakota Supreme Court·Decided July 14, 1993·No. Nos. 18005, 18014·Published·Cited by 4 cases

Opinion

PER CURIAM.

James and Joanne Jensen (Jensens) appeal a circuit court judgment reinstating the Oldham-Ramona School Board’s disapproval of their petition for a minor school district boundary change.* We affirm.

FACTS

On December 12, 1989, voters in the old Oldham and Ramona School Districts approved a school district reorganization plan merging the two districts into one effective July 1, 1990. In January and February of 1990, the legislature met and passed a series of amendments to the statutes concerning minor school district boundary changes. Some of the amendments contained an emergency clause making them effective from and after the date of their passage and approval which was on February 28, 1990. See, 1990 S.D.Sess.L. ch. 111, § 3. The balance of the amendments were not passed with the benefit of an emergency clause and, therefore, were not effective until July 1, 1990. See, 1990 S.D.Sess.L. ch. 113; SDCL 2-14-16.

On March 12, 1990, Jensens petitioned the new Oldham-Ramona School District for a minor boundary change that would transfer some of their property to the Lake Preston School District. Jensens contended that the Oldham-Ramona School Board (the board) had sixty days to act on their petition. This view was based on some of the amendments made to the pertinent statutes during the 1990 legislative session. However, the board took the position it was not required to act on Jensens’ petition prior to July 1, 1990, when the school district reorganization plan took effect. When sixty days passed with no board ac[262] tion on their petition, Jensens interpreted the board’s lack of action as a disapproval of their petition for a boundary change and appealed the purported disapproval to the State Superintendent of Education. See SDCL 13-6-85 (Supp.1989) (appeal allowed to State Superintendent of Education from school board decision on minor boundary change). Jensens filed their appeal on May 31, 1990.

On July 5, 1990, during the pendency of Jensens’ appeal to the State Superintendent, the board conducted an evidentiary hearing on Jensens’ petition. Jensens were given an ample opportunity to testify and produce any evidence whatsoever in support of their petition. However, the board took no final action on the petition during, or immediately after, the July 5 hearing.

On August 9, 1990, the State Superintendent issued an order directing the board to take action on Jensens’ petition. The board attempted to appeal this order to the circuit court, questioning the State Superintendent’s jurisdiction to issue the order. The circuit court granted Jensens’ motion to dismiss the board’s appeal and remanded the matter to the State Superintendent for further proceedings.

On August 14, 1990, the board adopted a resolution disapproving Jensens’ petition. Following that action, the State Superintendent again assumed jurisdiction over the case and proceeded with an appeal of the board’s decision despite the fact that Jen-sens had filed no notice of appeal pertaining to the August 14 decision. On or about November 20, 1990, the board filed a motion to dismiss the appeal on the basis of Jensens’ failure to file a notice of appeal and the State Superintendent’s resultant lack of jurisdiction over the matter.

Notwithstanding the jurisdictional issue, the State Superintendent conducted a detailed evidentiary hearing on Jensens’ appeal on November 20 and December 17, 1990. On December 31, 1990, the State Superintendent entered findings of fact, conclusions of law and a decision. The Superintendent found that he had jurisdiction to act in the matter, overruled the board’s decision and granted Jensens’ request for a minor boundary change.

The board appealed the State Superintendent’s decision to the circuit court, filing its notice of appeal on January 28, 1991. The board subsequently filed motions to dismiss and for summary judgment, again raising the State Superintendent’s lack of jurisdiction as a basis for granting both motions. Both motions were dénied. Thé trial on the matter took place May 7, 1992. On June 1, 1992, the circuit court entered its findings of fact and conclusions of law. The circuit court determined that the board’s action in disapproving Jensens’ petition was legal and that it was not arbitrary, capricious or an abuse of discretion. Accordingly, the circuit court entered its judgment reversing the decision of the State Superintendent and reinstating the board’s disapproval of Jensens’ petition.

Jensens have now appealed to this court, raising three issues. The board has also filed a notice of review, again questioning the State Superintendent’s jurisdiction to act in this matter. Inasmuch as we find the notice of review issue dispositive of this case, we find it unnecessary to address the issues raised in Jensens’ brief.

ISSUE

DID THE STATE SUPERINTENDENT OF EDUCATION HAVE JURISDICTION TO ACT IN THIS MATTER?

The board contends that because Jensens failed to file a timely notice of appeal of its formal disapproval of their boundary change petition, the State Superintendent of Education never acquired jurisdiction to consider an appeal of the disapproval. Accordingly, the board asserts its disapproval of Jensens’ petition must be upheld on that foundation. We agree.

Prior to their appeal to this Court, Jensens only appeal in this matter was their initial appeal to the State Superintendent of Education from the board’s failure to act on their boundary change petition. Jensens filed that appeal on May 31, 1990. In May 1990, SDCL 13-6-85 limited petitioners in boundary change ■ cases to ap[263] peals, “from the decision of the school board ...” SDCL 13-6-85 (Supp.1989) (emphasis added). In May 1990, SDCL 13-6-86.1 limited a school board's “decision” in a boundary change case to approval or disapproval of the petition. 1990 S.D.Sess.L. ch. 111, § 2. See also, Aman v. Edmunds Cent. School Dist. 22-5, 494 N.W.2d 198 (S.D.1992) (language of SDCL 13-6-86.1 limits action of board to approval or disapproval of boundary change petition). As of May 31, 1990, when Jensens filed their appeal, the board had not approved or disapproved their petition. Thus, there was no school board “decision,” as defined by SDCL 13-6-86.1, for Jensens to appeal on May 31.

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Oldham-Ramona School District No. 39-5 v. Jensen, 503 N.W.2d 260, 1993 S.D. LEXIS 87 (S.D. 1993).

503 N.W.2d 260 (Oldham-Ramona School District No. 39-5 v. Jensen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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