Robel v. HIGHLINE PUBLIC SCH. DIST.

398 P.2d 1, 65 Wash. 2d 477
Washington Supreme Court·Decided January 7, 1965·No. 37190·Published

Opinion

65 Wn.2d 477 (1965)
398 P.2d 1

RUTH ALVIN ROBEL, Appellant,
v.
HIGHLINE PUBLIC SCHOOLS, DISTRICT NO. 401, Respondent.[*]

No. 37190.

The Supreme Court of Washington, Department Two.

January 7, 1965.

Bennett Hoffman, for appellant.

Roberts, Shefelman, Lawrence, Gay & Moch, for respondent.

HAMILTON, J.

Appellant, a school teacher in the elementary grades of Highline Public Schools, District No. 401, sought review in the superior court of the refusal of the school board to renew her teaching contract for the school year 1962-1963. She challenged the sufficiency of the service of the required notice of nonrenewal, the denial of a hearing before the school board, and the reasons given for the nonrenewal. The superior court, at the conclusion of appellant's presentation, dismissed her action. She appeals.

The stipulated and otherwise undisputed facts may be stated as follows: Appellant had taught in the elementary system of respondent school district for some 16 years, the last 7 of which had been under the supervision of school principal Myrvin Dimmitt. He became concerned with what appeared to him to be a lack of pupil control and discipline in appellant's classroom and resultant parental complaints. On June 5, 1961, he advised appellant by letter of his concern and expressed the hope that the problems would be corrected during the ensuing school year. Following commencement of school in September, 1961, the principal visited appellant's classroom three or four times and assigned a teacher consultant to the matter, who likewise visited the classroom several times. On March 19, 1962, Mr. Dimmitt, by letter to the assistant superintendent, stated his views and recommended that appellant's teaching contract not be renewed for the school year of 1962-1963. On March 22nd, he orally advised appellant of his recommendation and the reasons therefor, which were the same as those set forth in *479 the letter of June 5, 1961. Appellant then conferred with the personnel director, who confirmed Mr. Dimmitt's recommendation and discussed the reasons given.

On March 23rd, appellant sustained a neck injury on her way to school. She taught that day and the following Monday, March 26th. At the end of that school day, she presented a letter from her doctor advising of her disability and the probability of being off work for approximately 2 weeks. Arrangements for a substitute teacher were made, and appellant went to her home. She remained there for a day or so and then went to the home of her sister, where she remained until sometime after April 15th. With the exception of a few days around the first of April, her son remained in her home and received and delivered her mail, including her paycheck for the month of March, which she telephonically requested be mailed to her. The check was mailed to her home address on April 2nd. It was thereafter endorsed by her, delivered to an escrow company, and cleared a local branch bank on April 10th.

On March 28th, a letter advising appellant that her contract would not be renewed was posted by certified mail, with return receipt requested. The letter stated the reason for the proposed nonrenewal was "a recommendation made by your principal to the effect that your teaching has been unsatisfactory" and "that repeated conferences with you have failed to bring about the desired improvement." The letter was addressed to appellant at her home address. On March 29th, the mail carrier undertook delivery of the letter but received "no response." Pursuant to postal regulations, the carrier left a "Mail Arrival Notice" indicating that certified mail was being held for appellant and that she could either call for or request delivery thereof. The letter remained uncalled for and was returned to respondent on April 23rd.

On April 10th, a second letter was directed to appellant at her home address. It was posted by registered mail with return receipt requested. It, too, advised appellant that her teaching contract would not be renewed because her teaching had not been satisfactory due to lack of classroom *480 organization, planning, and control, and that improvements suggested by the principal had not been carried out. Mailcarrier delivery of this letter was attempted on April 11th, again with "no response." As before, a "Mail Arrival Notice" was left, indicating that registered mail was being held subject to the request of appellant. On April 14th, a second notice was left. This letter remained uncalled for. It was returned to respondent on April 25th.

Appellant admitted receiving at least one of the three notices left by the mail carrier. She proffered no explanation for not calling for or requesting delivery of either letter.

Appellant returned to her teaching duties on May 7th. On May 11th, she was orally advised that her teaching contract had not been renewed. On May 16th, she delivered a written request for hearing before the school board. She was not afforded a hearing, and within 30 days gave notice of appeal to the superior court under the provisions of RCW 28.58.460.[1]

In dismissing appellant's appeal, the trial court, in essence, concluded from the evidence presented that (a) the statutorily required notice of nonrenewal of a teaching contract had been timely and properly given and knowingly or negligently ignored, (b) the notice stated sufficient cause for nonrenewal, and (c) appellant did not make a timely request for hearing before the school board.

We agree with the trial court.

The controlling statute, RCW 28.67.070, as last amended in 1961, in pertinent part provides:

"...

"Every teacher, ... hereinafter referred to as `employee', *481 whose employment contract is not to be renewed by the district for the next ensuing term shall be notified in writing on or before April 15th preceding the commencement of such term of the decision of the board of directors not to renew his employment which notification shall specify sufficient cause or causes for nonrenewal of contract. Such notice shall be served upon the employee by certified or registered mail, or to the teacher personally, or by leaving a copy of the notice at the house of his usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified shall, at his or her request made in writing and filed with the clerk or secretary of the board of directors ... within 10 days after receiving such notice, be granted opportunity for hearing before the board of directors ..., to determine whether or not the facts constitute sufficient cause for nonrenewal of contract.... If such notification and opportunity for hearing is not timely given by the district, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his employment had actually been renewed by the board of directors for such ensuing term: ..." (Italics supplied to that portion of the section added by amendment by Laws of 1961, chapter 241, § 1, p. 2080.)

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Robel v. HIGHLINE PUBLIC SCH. DIST., 398 P.2d 1, 65 Wash. 2d 477 (Wash. 1965).

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Robel v. Highline Public Schools, District No. 401
398 P.2d 1 (Washington Supreme Court, 1965)