Sherek v. Independent School Dist. No. 699, Gilbert

449 N.W.2d 434, 1990 Minn. LEXIS 6, 1990 WL 166
CourtSupreme Court of Minnesota
DecidedJanuary 5, 1990
DocketC8-88-1284
StatusPublished
Cited by21 cases

This text of 449 N.W.2d 434 (Sherek v. Independent School Dist. No. 699, Gilbert) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherek v. Independent School Dist. No. 699, Gilbert, 449 N.W.2d 434, 1990 Minn. LEXIS 6, 1990 WL 166 (Mich. 1990).

Opinions

[436]*436KEITH, Justice.

Appellant Donald P. Sherek appeals the decision of the court of appeals which held that under Minn.Stat. § 122.541, subd. 5 (1988) and Minn.Stat. § 125.12, subd. 6b (1988), Sherek was not entitled to reinstatement from unrequested leave of absence to a teaching position in Independent School District No. 699. The court of appeals affirmed the trial court’s conclusion that the rights of defendants, Thomas Beste, Laurance Kleven, and David Kriska, were superior to Sherek’s under Minn.Stat. § 122.541, subd. 5. Sherek v. Indep. School Dist. No. 699, 435 N.W.2d 844 (Minn.App.1989) rev. granted (Minn., Apr. 26, 1989). We reverse.

The essential facts are undisputed. Sherek is a teacher licensed to teach secondary industrial arts full-time and all secondary social studies courses half-time. He taught in Independent School District No. 699 (“Gilbert”) from 1968 until 1982 when he was placed on unrequested leave of absence (“ULA”).

In the spring of 1986, Gilbert entered into an Interdistrict Cooperation Agreement (“ICA”) with Independent School District No. 697 (“Eveleth”) pursuant to Minn. Stat. § 122.541. According to the agreement, Gilbert discontinued high school instruction for grades 10-12 while agreeing to provide instruction to Eveleth as well as Gilbert students in grades 7-9. As a result of the implementation of the agreement in the 1986-1987 school year, Gilbert gained four sections of secondary industrial arts classes while Eveleth lost nine.

Anticipated reduction of the number of industrial arts sections in Eveleth resulted in the placement of three Eveleth industrial arts teachers on partial or full-time ULA, the three teachers being the three rule 19 defendants in the present action, Beste, Kleven, and Kriska.

These teachers were reinstated by the Eveleth School District for the 1986-1987 school year. Beste and Kleven were reinstated to full-time positions prior to the beginning of the academic year, while Kris-ka received reinstatement following the Beste v. Indep. School District No. 697, 398 N.W.2d 58 (Minn.App.1986) decision to a full-time position with backpay to the beginning of the 1986-1987 year.

During the academic year 1986-1987, all three were assigned to Gilbert as exchange teachers. Kleven and Kriska received full-time' positions. Kleven taught industrial arts and the gifted, while Kriska taught computer. Beste taught one hour of industrial arts. Gilbert did not reinstate Sherek, so he remained on ULA at the beginning of the 1986-1987 school year.

Neither computer instruction nor instruction of gifted children' requires specific secondary licensure. Licensure to instruct in secondary school is sufficient. All four teachers were licensed to teach secondary industrial arts and consequently also licensed to teach computer programs and the gifted.

On a joint Eveleth-Gilbert seniority list including Sherek, Sherek ranked no. 55, Kleven no. 81, Beste no. 94 and Kriska no. 104. Sherek argues that he was senior on the combined seniority list and was entitled to first recall to the increased industrial arts, computer and gifted positions in Gilbert in accordance with the ICA and the relevant Minnesota statutes governing in-terdistrict cooperation agreements and teacher tenure.

The interpretation of statutes is a question of law, Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985), and as the essential facts are undisputed, this court is not bound by the lower court’s conclusions, see A.J. Chromy Constr. Co. v. Commercial Mech. Servs., 260 N.W.2d 579, 582 (Minn.1977).

Defendants contend that Sherek is not entitled to reinstatement because under the ICA, there was no “available position” in Gilbert to which he could be recalled. Reinstatement rights from ULA are governed by Minn.Stat. § 125.12, subd. 6b (1988). The relevant portions state:

Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to [437]*437other available positions in the school district in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence.

Minn.Stat. § 125.12, subd. 6b(e) (emphasis added).

Defendants agree that section 125.12, subd. 6b governs Sherek’s recall rights, but argue that under the ICA, the positions in Gilbert for industrial arts, computer, and gifted children merely “moved” from Evel-eth to Gilbert as a result of the “merger.” Therefore, the positions were not “available” in Gilbert. The argument is disingenuous in light of the legislative intent of the Interdistrict Cooperation Act (“IDCA”) and the terms of the ICA itself.

In 1979, the legislature enacted the Inter-district Cooperation Act (IDCA), Minn.Stat. § 122.541. Its underlying purpose was to enable smaller school districts to retain their independence and identity in the face of economic hardships. Prior to enactment of IDCA, Minnesota statutes required all independent school districts to offer instruction in all grades if they were to retain state aid. As enrollment declined in the smaller districts, providing instruction in all grades caused economic hardships that resulted in discontinuance of certain •classes. Consolidation was an available means of avoiding those hardships, but many of the smaller districts opposed consolidation as its inevitable result would be a loss of community identity. Desiring to provide a means whereby small districts could maintain their identity and continue to receive state aid, yet not be saddled with providing instruction in all grades, the legislature enacted Minn.Stat. § 122.541. In-terdistrict cooperation was to be a flexible alternative to consolidation. It permitted districts to pair with each other as they saw fit, thereby protecting the small districts from being swallowed by larger school districts.

Taking advantage of the Interdistrict Cooperation Act, Gilbert and Eveleth entered into an ICA in the spring of 1986. Article II, 2.1 of the ICA defines the basic educational parameters of each district:

INDEPENDENT SCHOOL DISTRICT # 697 [Eveleth] shall discontinue grades 7 through 9 and those students shall be instructed by INDEPENDENT SCHOOL DISTRICT # 699 in accordance with this agreement. * * * [E]ach district agrees that it shall educate the pupils of the other district in the grades the other district has discontinued in accordance with this agreement.

Concomitantly Article VI, 6.1 defines the employment status of teachers with respect to each district:

Employees and student teachers of each school district shall not be considered employees of the other district for any purpose whatsoever.

Examination of the ICA provisions in light of the purpose of section 122.541 makes clear the continued separateness of the Gilbert and Eveleth school districts. Under Article II, 2.1, Eveleth, as a separate school district, is discontinuing grades 7-9.

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Sherek v. Independent School Dist. No. 699, Gilbert
449 N.W.2d 434 (Supreme Court of Minnesota, 1990)

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Bluebook (online)
449 N.W.2d 434, 1990 Minn. LEXIS 6, 1990 WL 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherek-v-independent-school-dist-no-699-gilbert-minn-1990.