Phillips v. South Range Local School District Board of Education

543 N.E.2d 492, 45 Ohio St. 3d 66, 1989 Ohio LEXIS 211
CourtOhio Supreme Court
DecidedAugust 23, 1989
DocketNo. 88-899
StatusPublished
Cited by6 cases

This text of 543 N.E.2d 492 (Phillips v. South Range Local School District Board of Education) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. South Range Local School District Board of Education, 543 N.E.2d 492, 45 Ohio St. 3d 66, 1989 Ohio LEXIS 211 (Ohio 1989).

Opinions

Alice Robie Resnick, J.

The Ohio Teachers’ Tenure Act of 1941 (H.B. No. 121,119 Ohio Laws 121) was enacted to provide teachers with employment stability. “ ‘The very laudable purpose of this act was to insure to the teachers some measure of security in their important work and to free them, at least to a measurable extent from the “vicissitudes of politics” or the likes or dislikes of those charged with the administration of school affairs.’ ” State, ex rel. Bishop, v. Bd. of Edn. (1942), 139 Ohio St. 427, 439, 22 O.O. 494, 499, 40 N.E. 2d 913, 919, quoting Bd of Edn. of Mar shall County v. Baugh (1941), 240 Ala. 391, 395,199 So. 822, 825. The Act, now codified at R.C. 3319.08 through 3319.18, is to be construed in favor of teachers. State, ex rel. Rodgers, v. Hubbard Local School Dist. Bd. of Edn. (1984), 10 Ohio St. 3d 136, 138, 10 OBR 458, 459, 461 N.E. 2d 1308, 1310.

Where a board of education decides to terminate the continuing contract of a teacher, it must follow R.C. 3319.16, which provides that a contract may be terminated only “* * * for gross inefficiency or immorality; for willful and persistent violations of reasonable regulations of the board of education; or for other good and just cause. * * *” If a teacher’s contract is terminated under the provisions of R.C. 3319.16, then due-process protection, such as notice and opportunity for a hearing, is required.

R.C. 3319.17 is a special statute which enables a board of education to suspend teachers’ contracts for a decline in enrollment, which is totally unrelated to the teachers’ perform-ance. R.C. 3319.17 provides in part:

“When by reason of decreased enrollment of pupils, return to duty of regular teachers after leaves of absence, or by reason of suspension of schools or territorial changes affecting the district, a board of education decides that it will be necessary to [68]*68reduce the number of teachers, it may make a reasonable reduction. * * *”

In Dorian v. Euclid Bd. of Edn. (1980), 62 Ohio St. 2d 182,184,16 O.O. 3d 208, 210, 404 N.E. 2d 155, 158, we held that “[a] board of education is not required to use the procedures enumerated in R.C. 3319.16 for terminating a teacher under a continuing contract if it follows*the procedures for suspension of the contract under R.C. 3319.17, and if the suspension is due to one of the reasons enumerated therein.” The General Assembly enacted R.C. 3319.17 in order to give boards of education flexibility by balancing “* * * the needs of a school system with the rights of the teacher who holds a continuing contract.” Id.

Because the purpose of the Teachers’ Tenure Act is to provide teachers with some degree of job security, R.C. 3319.17 is construed narrowly against boards of education. See State, ex rel. Kohr, v. Hooker (1958), 106 Ohio App. 1, 4, 6 O.O. 2d 269, 270, 152 N.E. 2d 788, 791. R.C. 3319.17 dispenses with the due-process requirements of R.C. 3319.16, and will apply only if one of the conditions therein is shown to exist. It is an emergency measure. A board of education may suspend a teacher’s continuing contract pursuant to R.C. 3319.17 only if three requirements are met: first, the existence of one of the reasons enumerated in R.C. 3319.17; second, the reduction must be made “by reason of” one of those enumerated reasons; and third, the reduction must be reasonable.

Appellant asserts that the board did not suspend her contract because of a decline in enrollment. Instead she contends that the suspension was due to changes in the Business Education Department. Appellee, on the other hand, states that it suspended her contract as a result of a decline in enrollment. We must therefore look at appellant’s contract suspension in light of R.C. 3319.17 and determine whether the trial court properly sustained ap-pellee’s motion.

At the evidentiary hearing held on September 12, 1985, both parties presented evidence regarding enrollment at the district and high school levels, including the Business Education Department. Although the record discloses some discrepancies in these figures, the trial-court in its decision on the cross-motions for summary judgment determined that the facts were “substantially undisputed.” The court found that although there was no short-term decline in enrollment, there had been a decline in enrollment in the school district during the ten-year period beginning in 1976.

The court determined that average daily membership (“ADM”) in the district in both 1984-1985 and 1985-1986 was 1,239.2 During the prior ten years, however, it found that there had been a decrease in the school district of three hundred fifty-seven students. The court also stated that, with the consolidation of the office courses and the elimination of shorthand in the Business Education Department, a further decrease in enrollment was demonstrated in that particular department.

Appellant argued that because there was no district or high school enrollment decline during the year of [69]*69the suspension of her contract, the board acted improperly and in violation of R.C. 3319.17. Appellee countered that in Dorian, supra, we found that a nine-year overall decline in enrollment immediately preceding a suspension could be the basis of a reduction in force pursuant to R.C. 3319.17.

The trial court, relying on Dorian, supra, held that a long-term decline could be used for determining whether there had been a decline in enrollment pursuant to R.C. 3319.17. It found that R.C. 3319.17 set forth no time frame during which a decline must occur and that appellee could use the overall ten-year decline in enrollment as a basis for suspension of appellant’s continuing teaching contract.

We agree that a decline in pupil enrollment does not necessarily occur in a short period of time. It may occur gradually. However, in the case before us, the record shows that there was no decline in high school enrollment in the year of the suspension of appellant’s contract. High school enrollment had been increasing each year since 1983, and district-wide enrollment was approximately the same in the 1984-1985 school year as in the 1985-1986 school year.

The lower court’s reliance on Dorian, supra, was misplaced in that it is factually distinguishable from the instant case. In Dorian, the record shows that an eleven-year decline in enrollment continued during and beyond the year of the suspension. Here, the record shows that the decline had stopped prior to the suspension. There is a difference between suspending a teacher’s contract in the midst of declining enrollment and suspending a teacher’s contract as done here, after the district-wide decline had ceased and where there was evidence that, at least at the high school level, enrollment was increasing.

A board of education cannot base its reduction in the number of teachers on R.C. 3319.17 unless it can show that its action was “by reason of” one of the statutory exceptions contained therein. In the case before us one of the enumerated reasons for invoking R.C. 3319.17, declining enrollment, had ceased to exist at the time of the suspension of appellant’s contract. To allow a board of education to loosely use “declining enrollment” as a reason for suspension, when, as here, enrollment no longer was declining, would be to emasculate the teacher tenure law. R.C.

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543 N.E.2d 492, 45 Ohio St. 3d 66, 1989 Ohio LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-south-range-local-school-district-board-of-education-ohio-1989.