Olds v. Board of Education of Nashua Community School District

334 N.W.2d 765, 11 Educ. L. Rep. 1010, 1983 Iowa App. LEXIS 1601
CourtCourt of Appeals of Iowa
DecidedApril 8, 1983
Docket2-66831
StatusPublished
Cited by6 cases

This text of 334 N.W.2d 765 (Olds v. Board of Education of Nashua 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
Olds v. Board of Education of Nashua Community School District, 334 N.W.2d 765, 11 Educ. L. Rep. 1010, 1983 Iowa App. LEXIS 1601 (iowactapp 1983).

Opinions

SCHLEGEL, Judge.

Defendants school board and school district appeal from the judgment of the district court reversing the decision of the board to terminate plaintiff’s teaching contract. Defendants assert the court erred in concluding, inter alia, that plaintiff had been denied due process because his hearing was held before a panel which was not impartial and that the termination of plaintiff’s contract violated the terms of the master contract between the teachers and [767]*767the school board. Defendants also assert that there was just cause to terminate plaintiff’s contract. Plaintiff cross-appeals from a subsequent judgment of the trial court awarding him damages, claiming that the court erred in reducing his award by certain amounts earned by plaintiff after the termination of his contract. We reverse on defendants’ appeal and dismiss plaintiff’s cross-appeal.

On March 7,1979, plaintiff Robert J. Olds received notice, pursuant to Iowa Code § 279.15, from Superintendent Fred Ruck that he would recommend to the Nashua Board of Education that Olds’ teaching contract be terminated. The reason for this recommendation was stated in the notice as follows: “After administrative review of the Nashua Community High School course offerings and teacher assignments, it has been determined that there is a lack of need for your services in the Science Department.” Olds requested a private hearing which was held on March 26, 1979, before Board members Dietz, Crofoot, Zwanziger, Ross and Etter. The Board decided to terminate Olds’ contract; this decision was affirmed by an adjudicator on August 16, 1979. Olds filed a petition for judicial review, and on February 6, 1980, the court issued its decree finding that Olds’ constitutional rights to due process were violated because the school board was not a fair and impartial tribunal in its March 26th hearing. Specifically, the court was concerned about what it thought was excessive questioning of Olds by the Board members and their objections to some of his evidence. The court therefore reversed the decision to terminate the contract and remanded for further proceedings.

On February 25, 1980, Superintendent Ruck sent Olds a new notice of his recommendation to terminate his contract for the same reason as stated in the 1979 notice; i.e. lack of need for his services as a high school science teacher. Olds again requested a private hearing before the Board which was held on March 18, 1980. Three of the members of the 1979 Board (Zwan-ziger, Ross and Etter) were on the Board again in 1980 along with new members Catchpoll and Shields. The Board again accepted the superintendent’s recommendation and terminated Olds’ contract, finding that there was no longer a need for two fulltime high school science teachers; since there was in fact need for only the equivalent of one and one-half science teachers, just cause existed to terminate his contract. Olds again appealed to an adjudicator who affirmed the Board’s decision on July 14, 1980. The adjudicator found that low enrollment provided just cause for and was the motivating factor behind Olds’ termination and that there was no evidence of animus as alleged by Olds at the hearing. It was also found that the Board had followed the termination procedure set forth in the master contract and that Olds had been afforded due process at the Board hearing.

Olds again filed a petition for judicial review, rejecting the adjudicator’s decision, and on April 9, 1981, the court issued its decree reversing the Board’s termination of Olds’ contract. First, the court expressed its doubts that Olds had yet been heard before an impartial tribunal in that three of the five members of the 1979 Board which had terminated his contract were on the Board again in 1980. The court also questioned whether there was just cause to terminate due to declining student interest in high school science and declining enrollments, emphasizing the fact that a State Department of Public Instruction survey of the science program at the Nashua schools recommended an expansion of the high school science offerings and requirements. The court based its decision, however, on its conclusion that the Board violated the staff reduction provisions of the master contract; specifically, that provision regarding the teacher in the subject area affected with the least seniority as the one to be terminated. The court held that the Board erred in failing to consider and terminate one Carl Laufer, a junior high school science teacher not certified to teach high school science and found to have less seniority than Olds. Finally, the court concluded that Olds was entitled to a hearing on the [768]*768issues of damages resulting from his unlawful termination. The Board filed a notice of appeal, but Olds’ motion for limited remand to hold the hearing on damages was granted by Justice Uhlenhopp on July 6, 1981. That hearing was held, and on January 4, 1982, the court ruled that Olds was entitled to $50,065 (the amount he would have earned for teaching but for his termination), less $21,562.96 (the amount he actually earned after his termination), for a net figure of $28,502.04. The court also held that Olds’ contract with the school district continued in force and effect. Olds then instituted his cross-appeal in connection with his judgment.

I.We explained the statutory mechanism in chapter 279 regarding the termination of teachers’ contracts in Fay v. Board of Directors of North-Linn Community School District, 298 N.W.2d 345, 347 (Iowa Ct.App.1980), and need not do so in full again here. We do, however, emphasize the limited nature of the district court’s role on judicial review of the adjudicator’s decision:

The court shall reverse, modify, or grant any other appropriate relief from the board decision or the adjudicator’s decision equitable or legal and including declaratory relief if substantial rights of the petitioner have been prejudiced because the action is:
1. In violation of constitutional or statutory provisions; or
2. In excess of the statutory authority of the board or the adjudicator; or
3. In violation of a board rule or policy or contract; or
4. Made upon unlawful procedure; or
5. Affected by other error of law; or
6. Unsupported by a preponderance of the competent evidence in the record made before the board and the adjudicator when that record is viewed as a whole; or
7. Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

Iowa Code § 279.18. In this case the court concluded that Olds’ termination violated the terms of the Board’s master contract with the teachers.

Section 279.18 also provides for further appellate review of the district court’s decision on judicial review. Our review is limited to the correction of errors under the seven standards set' forth in § 279.18. Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677, 680 (Iowa 1979).

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Olds v. Board of Education of Nashua Community School District
334 N.W.2d 765 (Court of Appeals of Iowa, 1983)

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Bluebook (online)
334 N.W.2d 765, 11 Educ. L. Rep. 1010, 1983 Iowa App. LEXIS 1601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olds-v-board-of-education-of-nashua-community-school-district-iowactapp-1983.