Pierce v. Lake Stevens School District No. 4

529 P.2d 810, 84 Wash. 2d 772, 1974 Wash. LEXIS 774
CourtWashington Supreme Court
DecidedDecember 19, 1974
Docket43004
StatusPublished
Cited by36 cases

This text of 529 P.2d 810 (Pierce v. Lake Stevens School District No. 4) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Lake Stevens School District No. 4, 529 P.2d 810, 84 Wash. 2d 772, 1974 Wash. LEXIS 774 (Wash. 1974).

Opinions

Rosellini, J.

— Upon the failure of three special school levies, the Lake Stevens School District No. 4 determined that it would have to curtail programs and reduce personnel. The Lake Stevens Educational Association, as employee representative, was asked to participate in formulation of criteria for reduction of certificated employees but refused, taking the position that there should be no reduction. The board adopted the following criteria, which had at an earlier time been suggested by the association:

1. That the school district retain as many of the certificated staff as possible under a curtailed program.

2. That the school district determine the total number of certificated staff leaving the district for reasons of: retirement, family transfer, normal resignations, discharge or nonrenewal, etc., and that these vacancies be filled from the existing staff insofar as possible.

3. That the determination of those teachers to be retained (over and above 1-2 listed above) be made primarily on the basis of those qualified to conduct the reduced educational program.

[774]*7744. That vacant positions be filled by those fully certificated teachers within the district who have adequate academic preparation and experience fitted to that particular assignment or who may attain adequate' preparation prior to the opening of school in the fall.

5. That seniority be the determining factor when program considerations appear equal.

6. That within the above framework the building principals shall consider the following human factors: age, home, special problems, etc.

These criteria were transmitted to the school administrative staff, who were told to select 27 teachers to be nonrenewed upon the basis of the criteria. This was done, and after considering the recommendations of the administration, the board approved their selections. A notice of nonrenewal was sent prior to April 15, 1972, as required by RCW 28A.67.070. The notice read:

Dear . . .
As an educator in Lake Stevens School District No. 4, we know you are painfully aware of the failure of the special levy for the support of the educational program of the Lake Stevens Public Schools. The failure of this levy has resulted in an insufficiency of funds to carry on the educational program in the public schools as said program was conducted in the school year 1971-72.
We regret to inform you that the School Board is, therefore, confronted with an emergency situation and, as a result, has had to budget for a reduced educational program for the ensuing year, 1972-73. This has, of course, resulted in determination by the Board in the reduction of teacher positions.
Lake Stevens School District No. 4, Lake Stevens, Washington, will not be able to continue your employment for the 1972-73 school year and your employment contract with the District will not be renewed for said ensuing school term.
We regret the necessity of this decision, which is made necessary by lack of necessary funds to provide for continuing your position.
Yours very truly,
Lake Stevens School District No. 4 By Franz M. Suhadolnik President of the Board of Education

[775]*775Eighteen of the teachers whose contracts were not renewed, electing to appeal directly to the court under RCW 28A.58.515, rather than to petition the board of directors for a hearing as provided in RCW 28A.67.070, brought this action in Superior Court, where they were represented by attorneys for the Lake Stevens Education Association. Attorneys for the Washington Education Association have filed an amicus brief supportive of the appellants’ position on this appeal from the trial court’s determination that no rights of the teachers were violated and that the procedure of the board was in conformity with the law. An amicus brief supportive of the trial court’s decision has been filed by a Tacoma law firm which represents school districts.

The first contention of the appellants is that the notices which they received did not meet the requirements of due process. Contending that an adequate notice must set forth in detail the reasons for nonrenewal, they cite Goldberg v. Kelly, 397 U.S. 254, 25 L. Ed. 2d 287, 90 S. Ct. 1011 (1970). The Supreme Court in that case held that the interest of an eligible recipient of public assistance in the uninterrupted receipt of such assistance, which provided him with essential food, clothing, housing and medical care, coupled with the State’s interest that payments not be erroneously terminated, outweighed the State’s competing concern to prevent any increase in its fiscal and administrative burdens, and that consequently a pretermination evidentiary hearing was necessary to provide the recipient with procedural due process. The court held that while the hearing need not take the form of a judicial or quasi-judicial trial, the recipient must be provided with timely and adequate notice detailing the reasons for termination and an effective opportunity to defend by confronting adverse witnesses and presenting his own evidence and arguments before the decisionmaker.

Patently, that case did not concern a question of nonrenewal of teachers’ contracts. The court recognized that not all governmental benefits are subject to the requirement of a pretermination evidentiary hearing.

[776]*776The United States Supreme Court has since had before it a case involving the claim of a nontenured teacher that he was entitled to a statement of reasons and a hearing thereon if his contract was proposed to be nonrenewed, as an element of due process. Board of Regents v. Roth, 408 U.S. 564, 573, 577-78, 33 L. Ed. 2d 548, 92 S. Ct. 2701 (1972). The majority opinion in that case, delivered by Mr. Justice Stewart, held that only the deprivation of interests encompassed in the Fourteenth Amendment’s protection of liberty and property are subject to the requirements of procedural due process. The respondent in that case did not have a “liberty” interest in reemployment because

[t]he State, in declining to rehire the respondent, did not make any charge against him that might seriously damage his standing and associations in his community.
. . . [nor had the state] imposed on him . . . [any] other disability that foreclosed his freedom to take advantage of other employment opportunities.

The court said that the respondent in that case did not have a “property” interest in reemployment because

[t]o have a property interest in a benefit, a person . . . must . . . have a legitimate claim of entitlement to it.
.... [T]he terms of the respondent’s [contract] secured absolutely ... no possible claim of entitlement to re-employment.

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Cite This Page — Counsel Stack

Bluebook (online)
529 P.2d 810, 84 Wash. 2d 772, 1974 Wash. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-lake-stevens-school-district-no-4-wash-1974.