Plaisance v. Jefferson Parish Sch. Bd.

252 So. 3d 996
Louisiana Court of Appeal·Decided July 31, 2018·No. NO. 18-CA-16·Published·Cited by 1 cases

Opinion

GRAVOIS, J.

*999Appellants, ten elementary and middle school principals employed by the Jefferson Parish Public School System, who were demoted by the Jefferson Parish School Board ("the School Board") following the 2011-12 school year, appeal a partial final judgment signed by the trial court on August 21, 2017 confirming their demotions.1 For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND

Appellants are Jackie Daniilidis, Simone Duhon, Julie Flattmann, Billie Gassen, Yvette Gauthreaux, Randi Hindman, Amelia Noel, Dodie Plaisance, Cherie Varisco, and Patti Waddell. Originally, on December 4, 2012, twelve principals (appellants plus Gloria Willis and Diane Nowik), filed a Petition for Damages and Declarative and Injunctive Relief against the School Board, alleging that their contracts of employment were breached by the School Board when they were removed from their principal positions following the 2011-12 school year, following a finding by the Superintendent that they were "incompetent" and/or "inefficient," as per La. R.S. 17:444(B). Another principal, Lisa Kendrick,2 was added as a plaintiff in an Amended Petition filed on December 12, 2013. Ten of the principals are before this Court in the instant appeal; three principals' cases were not decided in the partial final judgment on appeal and thus their claims remain pending in the district court proceeding.3 Eight of the appellants were removed as principals following the expiration of their contracts at the end of the 2011-12 school year.4 Two of the appellants were removed as principals also at the end of the 2011-12 school year, but during the unexpired terms of their contracts.5

In their petition as amended, appellants alleged that Dr. James Meza, the Superintendent of Schools for Jefferson Parish, and the School Board, in adopting an initial policy on March 11, 2010 and a revised policy on October 5, 2011 regarding the use of the principals' "targeted growth scores" to determine competency, improperly and impermissibly unilaterally changed or modified their existing contracts, holding them accountable for matters that were not a part of their existing contracts (specifically, the "achievement *1000of" their respective schools' growth target scores, rather than the "facilitation of" their respective schools' achievement of their growth target scores, as found in the policy in effect when their contracts were confected), applied those changes retroactively, and used those changes as a basis to find them incompetent and/or inefficient and to demote them from their positions as principal. Appellants also alleged that they were not given the required 120-days' notice prior to being demoted. Appellants also sought injunctive relief, seeking to enjoin the School Board from "maintaining its policy and/or practice of arbitrarily and capriciously terminating and/or demoting them in violation of state law and/or [the School Board's] own policies." Appellants also sought reinstatement to their positions of principal and damages. In lieu of reinstatement, appellants sought front pay.

In response, the School Board argued that it has always had the power to remove or demote principals for incompetence and/or inefficiency, terms that are used but not defined in either the contracts at issue or La. R.S. 17:444(B), and that the School Board's decisions to uphold the Superintendent's decisions not to renew appellants' contracts (or respectively remove two of them from their positions mid-contract) complied with all legal and statutory requirements, including notice and due process. The School Board argued that nothing in appellants' contracts suggested that the failure to meet their respective schools' growth target scores could not be considered when determining whether the respective principal was incompetent and/or inefficient and thus had met that criteria for removal. It further argued that the 120-days' notice requirement in La. R.S. 17:444(B)(4)(c)(i) does not apply when the principal is removed from her position for cause under La. R.S. l7:444(B)(4)(c)(iii) in the middle of the contract term, but rather only applied when an expiring contract would not be renewed.

All ten appellants received "charge letters" from the Superintendent notifying them of their impending removal.6 Of the ten appellants who are a part of this appeal, six appellants ultimately had a hearing before the School Board regarding the charges of incompetency and/or inefficiency forming the basis for their contracts' non-renewals or their terminations mid-contract.7 Because the remaining four appellants all elected to retire at the end of the 2011-12 school year in lieu of being removed and reassigned to another position, they were not offered hearings before the School Board.8 The Superintendent supported his decisions to remove the principals with the introduction of the relevant School Board policies, the principals' respective schools' report cards from the prior 3-4 years, which included whether the principals' respective schools had met their growth targets or had shown progress, and other documentary evidence, as well as testimony from the School System's chief human capital officer and the principals' network executive directors. Appellants' counsel appeared at the hearings, but waived appellants' appearances, called no witnesses, and offered no evidence to refute the School Board's evidence supporting the Superintendent's determinations *1001that the principals were incompetent and/or inefficient as per La. R.S. 17:444(B).9

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Plaisance v. Jefferson Parish Sch. Bd., 252 So. 3d 996 (La. Ct. App. 2018).

252 So. 3d 996 (Plaisance v. Jefferson Parish Sch. Bd.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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