Palmer v. BESE

842 So. 2d 363
CourtSupreme Court of Louisiana
DecidedApril 9, 2003
Docket2002-C-2043
StatusPublished
Cited by20 cases

This text of 842 So. 2d 363 (Palmer v. BESE) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. BESE, 842 So. 2d 363 (La. 2003).

Opinion

842 So.2d 363 (2003)

Lorraine G. PALMER
v.
LOUISIANA STATE BOARD OF ELEMENTARY AND SECONDARY EDUCATION.

No. 2002-C-2043.

Supreme Court of Louisiana.

April 9, 2003.

*365 Jeffrey N. Boudreaux, Houma, David K. Nelson, Baton Rouge, Kean, Miller, Hawthorne, D'Armond McCowan & Jarman, for Applicant.

Richard P. Ieyoub, Attorney General, Veronica L. Howard, Baker, for Respondent.

JOHNSON, Justice.

In this wrongful discharge action, plaintiff contests the ruling of the court of appeal, which reversed the trial court's finding that the Board of Elementary and Secondary Education (BESE) failed to comply with the applicable law when it dismissed her from employment without reasons supplied by the Superintendent. We granted the plaintiff's writ to determine the correctness of the court of appeal's decision. Palmer v. Louisiana State Board of Elementary and Secondary Education. 2002-2043 (La.11/8/02), 828 So.2d 1123.

FACTS AND PROCEDURAL HISTORY

Lorraine Palmer was employed by the Special School District # 1(SSD) as a probationary special education teacher at the Jetson Correctional Center for Youth for the 1998-1999 and 1999-2000 school years. Each contract set forth that it was to be effective for that school year only. Ms. Palmer was not new to the teaching profession, but was a "new" teacher with respect to her employment by BESE at Jetson. Prior to her employment at Jetson, Ms. Palmer had eighteen years of teaching experience. Ms. Palmer did not, however, have tenure as a teacher in the SSD.[1]

On June 19, 2000, Mr. Calvin Dees, Principal of Jetson, wrote a letter to Mr. Lester Klotz, the State Director for SSD, recommending that Ms. Palmer's employment not be renewed for the 2000-2001 school year. Ms. Palmer was subsequently notified by letter dated June 20, 2000, that her employment would not be renewed and that her last day of work for SSD would be June 30, 2000.

Mr. Klotz prepared and submitted an executive summary to the Louisiana Board of Elementary and Secondary Education (BESE), which included a recommendation that Ms. Palmer not be offered a contract for the 2000-2001 school year. The record reflects that there were no "valid reasons" accompanying this recommendation. On June 22, 2000, BESE accepted and approved the executive summary presented by SSD.

*366 On July 25, 2000, Ms. Palmer filed suit against BESE asserting that she was a probationary teacher whom BESE could not dismiss or discharge during the probationary period absent a written recommendation of the head of the special school accompanied by valid reasons pursuant to La. R.S. 17:45. She asserted that BESE attempted to circumvent La. R.S. 17:45 by discharging her under the guise of a "non-renewal" of her contract. Ms. Palmer sought a judgment ordering her reinstatement as a probationary teacher at Jetson, together with back wages and all other emoluments of her position.

BESE answered, urging that it was under no legal mandate to offer Ms. Palmer an employment contract for the 2000-2001 school year. It alleged further that the action at issue was the "non-renewal" of a probationary teacher's contract, and not a "dismissal" or "discharge" which had to be accompanied by valid reasons.

Both parties filed motions for summary judgment. The trial judge granted Ms. Palmer's motion on the issue of liability, finding that she was improperly dismissed. The court, however, left open the question of the type of damages to be awarded to Ms. Palmer, granting the parties time to meet and agree upon stipulated relief. BESE appealed from this ruling.

The court of appeal reversed the decision of the trial court, holding that "the non-renewal of a probationary teacher's contract after completion of the school term for which she was hired to teach, prior to the expiration of the three-contract-year probationary term, does not fall within the purview of La. R.S. 17:45." Palmer v. Louisiana State Bd. of Elementary and Secondary Education, 822 So.2d 90, at 93 (2002). The court of appeal further found that Ms. Palmer's argument attempts to destroy one of the crucial distinctions between tenured and non-tenured status.

DISCUSSION

The sole issue before this court is whether BESE violated La. R.S. 17:45 when it decided not to offer Ms. Palmer a contract for a third year during the probationary period without receiving valid reasons from the school superintendent accompanying the written recommendation not to renew her contract. La. R.S. 17:45 provides, in pertinent part, as follows:

Each teacher shall serve a probationary term of three contract years to be computed from the date of his first appointment in the special school in which the teacher is serving his probation. During the probationary term, the board may dismiss or discharge any probationary teacher upon the written recommendation of the superintendent or other head or director of the special school accompanied by valid reasons therefor.
Any teacher found unsatisfactory by the board, at the expiration of the probationary term, shall be notified in writing by the board that he has been discharged or dismissed; in the absence of such notification, such probationary teacher shall automatically become a regular and permanent teacher in the employ of the special school where he has successfully served his three year probationary term; all teachers in the employ of a special school as of September 1, 1979, who hold proper certificates and who have served satisfactorily as teachers in the special school where employed for more than three consecutive years, are declared to be regular and permanent teachers in the employ of the special school. (Emphasis added)

Ms. Palmer interprets this statute to require that a "new" or "probationary" teacher serve a probationary period of *367 three consecutive years. Under this interpretation, the employment continues during the three year probationary period unless and until the employing authority recommends dismissal in writing accompanied by valid reasons. Thus, Ms. Palmer asserts that she was a probationary teacher at the time she was terminated and, therefore, she was entitled to continued employment during the three-year probationary period absent BESE's compliance with the termination procedures set forth in La. R.S. 17:45.

BESE asserts that it was not the legislature's intent to give probationary teachers a right to continued employment. Instead the legislature's use of the words "three contract years" denotes that a probationary teacher shall serve three separate one year probationary contracts. BESE argues that Ms. Palmer's "probationary term" ran concurrent with each school year. At the end of each contract year, BESE contends that it had the right of "non-renewal" of her contract, which is not the same as "dismissal" or "discharge" under La. R.S. 17:45. Thus, according to BESE, because Ms. Palmer was not discharged during one of the two contract probationary years that she served, La. R.S. 17:45 does not apply and valid reasons are not required. The court of appeal agreed with BESE's interpretation. For the reasons that follow, we reverse the court of appeal's interpretation of La. R.S. 17:45.

Principles of judicial interpretation of statutes are designed to ascertain and enforce the intent of the legislature in enacting the statute. SWAT 24 Shreveport Bossier, Inc. v. Bond, XXXX-XXXX (La.6/29/01), 808 So.2d 294 Citing Stogner v. Stogner, 98-3044, p. 5 (La.7/7/99), 739 So.2d 762, 766; State v. Piazza, 596 So.2d 817, 819 (La.1992).

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Bluebook (online)
842 So. 2d 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-bese-la-2003.