Rankin v. Board of Education

337 N.W.2d 886, 13 Educ. L. Rep. 481, 1983 Iowa App. LEXIS 1619
CourtCourt of Appeals of Iowa
DecidedJune 28, 1983
DocketNo. 2-68701
StatusPublished

This text of 337 N.W.2d 886 (Rankin v. Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rankin v. Board of Education, 337 N.W.2d 886, 13 Educ. L. Rep. 481, 1983 Iowa App. LEXIS 1619 (iowactapp 1983).

Opinion

SNELL, Justice.

Plaintiff-schoolteacher appeals from district court’s judicial review decision which reversed part of the adjudicator’s decision and reinstated defendant school board’s termination of plaintiff’s contract. We reverse and reinstate the adjudicator’s decision.

Plaintiff, Edith Rankin, a nonprobation-ary public schoolteacher, was employed by defendant school district for six consecutive years as a high school social studies teacher. In February 1981, plaintiff was served with a superintendent’s notice and recommendation to terminate contract, specifying as reasons for the recommendation to terminate, “A reduction in staff necessitated by declining enrollment and reduced funding. ...”

At the commencement of the hearing before the school board, plaintiff teacher requested a continuance, allegedly to allow the school board to determine whether plaintiff’s contract could be saved by attrition among those teachers who had not yet responded to contract offers for the pertinent school year. The request for continuance was denied. The superintendent presented considerable evidence regarding a substantial decline in enrollment and consequent decrease in funding. Plaintiff did not dispute the need for staff reduction in general, but argued as the forty-second teacher terminated, the only teacher who challenged her termination, and the most senior social studies teacher, that there was a need to retain her teaching position despite declining enrollment and reduced funding. An assistant superintendent testified regarding a plan to use some administrative “curriculum coordinators” to fill some of the terminated teaching positions, at least on a part-time basis. These curriculum coordinators are not part of the teachers’ collective bargaining unit. There was additional testimony and evidence regarding the seniority and staff reduction provisions of the collective bargaining agreement between defendant school board and the teachers’ association. Following this evi-dentiary hearing, the school board termi[888]*888nated plaintiffs’ contract, effective at the conclusion of the 1980-81 school year. Plaintiff then appealed to an adjudicator.

The adjudicator found that the school district’s staff reduction essentially was legitimate on grounds of declining enrollment and reduced funding; however, the adjudicator also found that at least forty percent of plaintiff’s social studies teaching position would be filled by reassignment of a curriculum coordinator. Such use of the curriculum coordinators, the adjudicator concluded, violated the staff reduction provisions of the collective bargaining agreement and did not constitute just cause to terminate plaintiff’s contract. For that reason, the adjudicator reversed the school board’s termination of plaintiff’s contract and ordered her reinstated to at least forty percent of a full teaching assignment. Both parties then sought judicial review in the district court.

Following oral argument and the submission of briefs, the district court filed its findings, conclusions, and judgment reversing that portion of the adjudicator’s decision which was favorable to plaintiff teacher and reinstating the school board’s termination of plaintiff’s contract. The district court concluded that the staff reduction based on declining enrollment and reduced funding was legitimate; that there was just cause to terminate plaintiff’s position; and that such termination complied with the staff reduction provisions of the master contract.

On appeal plaintiff asserts that: (1) there was insufficient evidence of just cause to terminate plaintiff’s contract on grounds of declining enrollment and reduced funding; (2) defendant school board’s alleged plan to fill plaintiff’s teaching position by using “curriculum coordinators,” who are outside the teachers’ bargaining unit, constituted a violation of the staff reduction provisions of the collective bargaining agreement between the school board and the teachers’ association; (3) defendant school board’s refusal to grant a continuance in order to determine whether plaintiff’s teaching position could be saved via attrition violated the staff reduction provisions of the collective bargaining agreement; and (4) the district court’s alleged reliance on evidence regarding the school board’s abandonment of its plan to increase the teaching functions of its curriculum coordinators constituted impermissible and prejudicial reliance on evidence outside the certified record.

Our task on appeal is to make anew the determination of the district court based on the seven grounds for review listed in Iowa Code section 279.18. Smith v. Board of Education, 293 N.W.2d 221, 223 (Iowa 1980); Board of Education v. Youel, 282 N.W.2d 677, 679 (Iowa 1979). This section provides, in material part:

In proceedings for judicial review of the adjudicator’s decision, the court shall not hear any further evidence but shall hear the case upon the certified record. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the fact findings of the board; but shall not be bound by them. The court may affirm the adjudicator’s decision or remand to the adjudicator or the board for further proceedings upon conditions determined by the court. The court shall reverse, modify; or grant any other approrpriate relief from the board decision or the adjudicator’s decision equitable or legal and including declaratory relief if substantial rights of the petitioner have been prejudiced because the action is:
1. In violation of constitutional or statutory provisions; or
2. In excess of the statutory authority of the board or the adjudicator; or
3. In violation of a board rule or policy or contract; or
4. Made upon unlawful procedure; or
5. Affected by other error of law; or
6. Unsupported by a preponderance of the competent evidence in the record made before the board and the adjudicator when that record is viewed as a whole; or
7. Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

[889]*889Our review, as was the evidence presented to the school board, is “limited to the specific reasons stated in the superintendent’s notice of recommendation of termination.” Iowa Code § 279.16; Smith, 293 N.W.2d at 225. We therefore must consider these allegations in determining whether affirmance, reversal, or some other disposition is appropriate. In doing so, although we give weight to the fact findings of the board, we are not bound by them. Iowa Code § 279.-18.

The crucial issue with which we are concerned on this appeal is whether the school board’s decision to terminate plaintiff’s teaching contract was for just cause supported by a preponderance of the competent evidence in the record. The burden of proof on this issue is, initially, on the board, and thereafter appellant must demonstrate error.

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Related

Briggs v. BOARD OF DIRECTORS, ETC.
282 N.W.2d 740 (Supreme Court of Iowa, 1979)
BD. OF ED. OF FORT MADISON COMMUNITY v. Youel
282 N.W.2d 677 (Supreme Court of Iowa, 1979)
Marshalltown Education Ass'n v. Public Employment Relations Board
299 N.W.2d 469 (Supreme Court of Iowa, 1980)
Smith v. BD. OF ED. OF FORT MADISON COMMUNITY
293 N.W.2d 221 (Supreme Court of Iowa, 1980)

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Bluebook (online)
337 N.W.2d 886, 13 Educ. L. Rep. 481, 1983 Iowa App. LEXIS 1619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rankin-v-board-of-education-iowactapp-1983.