St. Louis Teachers Union Local 420 v. St. Louis Board of Education

666 S.W.2d 25, 1984 Mo. App. LEXIS 3519
CourtMissouri Court of Appeals
DecidedFebruary 21, 1984
DocketNo. 46797
StatusPublished
Cited by3 cases

This text of 666 S.W.2d 25 (St. Louis Teachers Union Local 420 v. St. Louis Board of Education) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Louis Teachers Union Local 420 v. St. Louis Board of Education, 666 S.W.2d 25, 1984 Mo. App. LEXIS 3519 (Mo. Ct. App. 1984).

Opinion

SMITH, Judge.

Plaintiffs, St. Louis Teachers Union and individuals representing classes of employees of the Board of Education of the City of St. Louis, appeal from a judgment in favor of the Board on plaintiffs’ petition for “declaratory, injunctive, and other relief.” We affirm.

Plaintiffs’ petition has its genesis in a determination by the Board in April 1982 that insufficiency of funds and reduced student enrollment would require staff reductions in fiscal year 1982-1983. Pursuant to that determination the Board notified a large number of probationary teachers pri- or to April 15, 1982, that their contracts for the subsequent year would not be renewed, and stated in each notification that the reason for non-renewal was insufficient funds and reduced student population. In addition certain permanent teachers were placed on leave of absence as were some probationary teachers who had not been notified of non-renewal prior to April 15.

The Board also placed on leaves of absence a number of non-certificated employees. In determining which non-certificated employees would be placed on leave the Board utilized the following procedure. Employees with the greatest seniority in their positions were retained in those positions. Employees with less position seniority were given an opportunity to take jobs at a lower position for which they were qualified if they had greater seniority in equivalent or higher positions than employees holding those positions. As a result of [27]*27this “bumping” technique the employees placed on leave of absence were those with the least total employment seniority within the system of those qualified for a particular position. Seventeen employees who exercised “bumping” rights, and were retained at lower level jobs, had greater total employment seniority than employees who continued to hold the higher positions from which those seventeen had been removed. The seventeen had less position seniority, however, than those employees remaining in the higher positions. No challenge was raised about those employees placed on leaves of absence.

The Board also directed non-certificated employees who were to be placed on leave of absence effective July 1, 1982 to utilize their vacation time prior to that date. All but a few who could not be spared did so. Those few were compensated for their unused vacation time.

The plaintiffs sought several declarations of rights in their petition. The three before us on appeal are: (1) that probationary teachers whose contracts were not renewed prior to April 15 because of insufficient funds and reduction in student population were entitled to be placed on leaves of absence rather than be terminated; (2) that non-certificated employees were entitled to remain in their original jobs if they had greater total employment seniority with the Board than other employees with greater position seniority; and (3) that the Board improperly required non-certificated employees placed on leaves of absence to utilize accrued vacation prior to the effective date of their leaves of absence. These issues in turn.

It is basic in this state that the Board may refuse to renew the contract of a non-tenured teacher for any reason or no reason, as long as the non-renewal is not based on some ground impermissible under the Constitution. Williams v. School District of Springfield R-12, 447 S.W.2d 256 (Mo.1969) [1-5]; Revelle v. Mehlville School District R-9, 562 S.W.2d 175 (Mo. App.1978) [3, 4]; White v. Scott County School District No. R-V, 503 S.W.2d 35 (Mo.App.1973) [1-2], There is no contention here that non-renewal was based on any ground not permissible constitutionally. Under the statute applicable to this school district the Board is required to notify the teacher prior to April 15 that the contract has not been renewed for the coming year, otherwise it is deemed to be renewed. Sec. 168.221.1, RSMo 1978. That time schedule was met.

The plaintiffs rely upon Sec. 168.221.5, RSMo 1978, which provides that “whenever it is necessary to decrease the number of teachers or principals ... because of insufficient funds or a substantial decrease of pupil population ... the board ... may cause the necessary number of teachers or principals ... beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment.” This section, plaintiffs claim, is a special statute dealing with reduction of personnel for budgetary reasons and overrides or supersedes the general provisions of Sec. 168.-221.1 authorizing timely non-renewal. We disagree.

In interpreting the statute we are required to give each portion thereof equal weight and, if possible, harmonize the various sections. Only if the provisions are irreconcilably in conflict are we entitled to invoke the “special statute” rule of construction. Harrison v. MFA Mutual Insurance Co., 607 S.W.2d 137 (Mo. banc 1980) [12-14]. Sub-paragraph 5 deals with lay-offs of teachers under contract. It authorizes leaves of absence for probationary teachers during the time they are under contract. Frimel v. Humphrey, 555 S.W.2d 350 (Mo.App.1977). It does not deal with non-renewal of the contracts of probationary teachers. Its application to this case is restricted to those probationary teachers who did not receive notice of non-renewal prior to April 15, thereby causing their contracts to be renewed automatically for the following year. Those teachers were, pursuant to sub-paragraph 5, placed on leaves of absence for the 1982-3 year and that action is not challenged on this [28]*28appeal. The courts of this state have consistently recognized the distinction between termination of an existing contract to teach and non-renewal of that contract. Williams v. School District of Springfield R-12, supra; Revelle v. Mehlville School District R-9, supra; White v. Scott County School District No. R-V, supra, [1, 2], Sub-paragraph 5 deals with leaves of absence for teachers under contract while subparagraph 1 deals with non-renewal of contracts. The two sections are compatible.

Further the interpretation urged by the plaintiffs is not compatible with the concept of probation prior to the acquisition of tenure. The purpose of a probationary period is to. enable the Board to assess the qualifications and ability of the teacher to determine whether it wants to keep the teacher permanently. Obviously, a teacher on leave of absence is not subject to assessment. To permit a teacher with as little as one day of teaching experience to achieve tenure because of a continuing leave of absence as a result of insufficient funds does not comport with the purposes of the teacher tenure statutes. We find no error in the trial court’s ruling on the probationary teachers.

The plaintiffs next challenge the procedures adopted for reducing the number of non-certificated employees and particularly the utilization of position seniority to determine which employees would move to lower positions. They rely upon Secs. 168.291 and 168.281 RSMo 1978.

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Bluebook (online)
666 S.W.2d 25, 1984 Mo. App. LEXIS 3519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-louis-teachers-union-local-420-v-st-louis-board-of-education-moctapp-1984.