Olsen v. East End School District

143 S.W.3d 576, 84 Ark. App. 439, 2004 Ark. App. LEXIS 92
CourtCourt of Appeals of Arkansas
DecidedJanuary 28, 2004
DocketCA 03-559
StatusPublished
Cited by7 cases

This text of 143 S.W.3d 576 (Olsen v. East End School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olsen v. East End School District, 143 S.W.3d 576, 84 Ark. App. 439, 2004 Ark. App. LEXIS 92 (Ark. Ct. App. 2004).

Opinion

Terry Crabtree, Judge.

Appellant Angela Olsen’s contract as the principal of appellee East End School District’s high school for the 2000-2001 school year was not renewed. The Perry County Circuit Court upheld the District’s decision not to renew appellant’s contract. We affirm.

Appellant was the principal of East End High School during the 1999-2000 school year. Her contract for the 2000-2001 school year was not renewed based upon the recommendation of the superintendent, Douglas Adams. Adams sent appellant a letter on April 15, 2000, stating that he intended to recommend to the school board that they not renew appellant’s contract because he was recommending that the school district reorganize from three schools, a high school, a middle school, and a kindergarten and elementary school, into a two-school district. This would leave the District with one extra principal, and appellant was the most recently hired. Appellant requested a hearing before the school board. The board voted four to one to accept Adams’s recommendation not to renew appellant’s contract. 1

Appellant challenged the District’s action by filing a “Petition for Writ of Mandamus and Complaint” under the Teacher Fair Dismissal Act (TFDA), Ark. Code Ann. §§ 6-17-1501 through 6-17-1510 (1999). The petition alleged that the District breached its contract with appellant by violating the TFDA and that such breach entitled appellant to all of the monetary benefits that she had under the 1999-2000 contract, plus interest and attorney’s fees. Appellees answered and denied the allegations in appellant’s petition.

Douglas Adams, the superintendent, testified that he sent a letter to appellant on April 15, 2000, stating that appellant’s contract would not be renewed for the 2000-2001 school year because he was going to recommend a reorganization of the school district and that appellant was the principal with the least amount of service. He also stated that, at that time, there was no seniority-based reduction-in-force policy and that no such proposal had been placed before the school board.

Adams admitted that appellant’s performance was not a factor in his decision to recommend that appellant not be renewed. He stated that his decision was based on the fact that the other two principals had been with the District in administrative capacities for over fifteen years and that they were doing good jobs. He explained that he made notes evaluating the principals throughout the year, noting whether there had been improvement or areas that needed improvement. He also said that, in February 2000, he requested identical information from each principal in order to complete the evaluations. He also testified that he told the principals that the decision whether to renew his own contract was being tabled until after the principals had been evaluated. He stated that appellant indicated that she had completed only six or seven of the seventeen teacher evaluations in February and was in no position to be evaluated at that time.

Adams testified that he began thinking about restructuring the District in January because the District was losing students and, thus, state funding. He stated that state standards required one principal for 300 students and that the District had 305 students in grades seven through twelve. He stated that the issue was discussed with the principals in one of the weekly administrators’ meetings. He also stated that he asked appellant and the other principals to be involved in scheduling for the 2000-2001 school year so that he would be prepared if the board accepted the restructuring recommendation or retained the current configuration. He said that the nonrenewal decision was not based on the grievances appellant filed. He also stated that the restructuring decision was a financial one. He also stated that the board acted on his recommendation to restructure in June 2000.

Appellant testified that she was hired in 1999 to be the high school principal. She was certified as a principal, as well as for superintendent and curriculum specialist, based upon her having a master’s degree and additional hours. She stated that the April 15, 2000, letter from Adams was the first written indication that her contract would not be renewed but that there had been other indications that her employment was in jeopardy. She testified that she had a “bumpy” relationship with Adam's, resulting from, among other things, disagreements over her spending authority, Adams’s decision not to expel a student who had threatened appellant, and a parent whom Adams had hired to be appellant’s secretary. She stated that she received many memos from Adams, some of which she considered trivial and others she considered professionally threatening. Appellant testified that another source of friction between herself and Adams was whether she was a probationary employee. She said that the other principals were evaluated and had their contracts renewed in February but that she was not evaluated and renewed at the same time. She testified that the reason given for her not being evaluated in February was that not all of the high school teachers had been evaluated but that this requirement had not been communicated to her. Appellant stated that she believed that the reorganization was a pretext for the nonrenewal of her contract.

On cross-examination, appellant testified that the April 15 letter from Adams did not mention her performance as a reason for nonrenewal. She testified that she heard rumors concerning restructuring in March and asked Adams about them, stating that, if true, one principal would be without a position. She testified that Adams told her that they were merely rumors and that he did not know what would happen. '

The trial court found that the District was not required to have a reduction-in-force policy; that, because no reduction-in-force policy exists, it could not be incorporated into appellant’s contract; and that the decision not to renew appellant’s contract was not arbitrary and capricious. This appeal followed.

Appellant raises three points on appeal: that the District’s amendment of its personnel policies violated the TFDA, and the nonrenewal of appellant’s contract was void; that the future possibility of reorganization of the school structure and future adoption of a reduction-in-force policy are not “facts” that can support a nonrenewal under the TFDA; that the District did not strictly comply with its own policies regarding the date for employing principals, and the nonrenewal of appellant’s contract was void.

The standard of review in cases under the TFDA is limited to whether the trial court’s decision is clearly erroneous. Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the firm conviction that a mistake has been made. Hedger Bros. Cement & Materials, Inc. v. Stump, 69 Ark. App. 219, 10 S.W.3d 926 (2000). The question of whether or not a school district has strictly complied is a question of law. Jackson v. El Dorado Sch. Dist., 74 Ark. App. 433, 48 S.W.3d 588 (2001).

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Cite This Page — Counsel Stack

Bluebook (online)
143 S.W.3d 576, 84 Ark. App. 439, 2004 Ark. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-east-end-school-district-arkctapp-2004.