Switzerland County School Corp. v. Sartori

442 N.E.2d 702, 8 Educ. L. Rep. 173, 1982 Ind. App. LEXIS 1496
CourtIndiana Court of Appeals
DecidedNovember 30, 1982
Docket1-782A189
StatusPublished
Cited by4 cases

This text of 442 N.E.2d 702 (Switzerland County School Corp. v. Sartori) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Switzerland County School Corp. v. Sartori, 442 N.E.2d 702, 8 Educ. L. Rep. 173, 1982 Ind. App. LEXIS 1496 (Ind. Ct. App. 1982).

Opinion

RATLIFF, Presiding Judge.

STATEMENT OF CASE

Switzerland County School Corporation appeals an award of $5,053.23 in favor of Edward M. Sartori upon his complaint for breach of a teacher’s employment contract. We reverse.

FACTS

An employment agency arranged an interview between Mr. Sartori, an Ohio resident, and Mr. Roeschlein, principal of the Switzerland County School Corporation, for a vocational-agricultural teaching position. Sartori informed Roeschlein that he was not certified to teach school in Indiana and also that he had a limited knowledge of the subject area to be taught, his expertise being in the areas of greenhouse-type work and landscaping. Nevertheless, Sartori was offered the position and accepted, signing a prescribed teacher’s contract with the school corporation on November 10, 1980. The form contract was prescribed by the State Superintendent of Public Education and covered the fixed period from October 20, 1980, to May 30, 1981. Compensation was fixed in the amount of $8,815.80. On February 16, 1981, the school corporation *703 terminated Sartori’s employment with $4,218.26 unpaid on the contract. Sartori brought this action seeking compensatory, consequential, and punitive damages. The court, after hearing evidence, entered the following judgment on January 21, 1982:

“Evidence was presented to this Court on December 3,1981. A Motion for Findings of Fact and Conclusions of Law was filed. Trial briefs were filed by both sides.
The Court has considered the evidence, the arguments presented and the trial briefs. The Court now finds: Plaintiff and defendant executed an official ‘regular teacher’s contract’ on November 10, 1980. Of the Eight Thousand, Eight Hundred Fifteen Dollar and Eighty Cent ($8,815.80) compensation plaintiff received Four Thousand, Five Hundred Ninety-seven Dollars and Fifty-four Cents ($4,597.54). On Monday, February 16,1981 Defendant Corporation terminated the contract. A health insurance fringe benefit was discontinued by Defendant Corporation effective February 16, 1981. Plaintiff paid Two Hundred Sixty-five Dollars and Ninety-seven Cents ($265.97) to continue his same coverage until May 30,1981, the ending date of the contract. Plaintiff spent Fifty Dollars ($50.) to move from Vevay, his place of employment and where there was no similar employment available to him after the termination of the contract. Plaintiff paid his attorney a Fifty Dollar ($50.) retainer for representation in the present action. Plaintiff’s move from Vevay cost him Nineteen Dollars ($19.00) in lost rent. Plaintiff paid Six Hundred Dollars ($600.) to an employment agency to obtain the job with Defendant Corporation. There was no guarantee that the job would extend beyond the initial seven (7) month and ten (10) days [sic] contract period. Plaintiff disclosed his lack of qualification to Defendant Corporation before entering into the contract. Defendant Corporation advised plaintiff of dissatisfaction with plaintiff’s performance under the contract, but plaintiff was not extended the opportunity to exercise his rights as required by due process before defendant terminated the contract. A situation similar to the one presented in the present lawsuit is not likely to reoccur [sic] in the Switzerland County School Corporation in the foreseeable future.
The Court now concludes that the contract was terminated illegally. The Court further concludes that plaintiff suffered actual and consequential damages in the amount of Five Thousand, Fifty-three Dollars and Twenty-three Cents ($5,053.23). Punitive damages are not appropriate.
IT IS THEREFORE ORDERED AND ADJUDGED that plaintiff have and recover judgment of defendant in the amount of Five Thousand, Fifty-three Dollars and Twenty-three Cents ($5,053.23). Costs are assessed against defendant.”

Record at 36-37.

ISSUES

The school corporation raises the following issues on appeal:

“1. Whether or not the trial court acted contrary to law in not finding that the contract at issue was void.
2. Whether or not the trial court acted contrary to law in concluding that the contract was terminated illegally and awarding actual and consequential damages in the amount of Five Thousand Fifty-three Dollars and Twenty-three Cents ($5,053.23).
3. Whether or not the trial court acted contrary to law by awarding plaintiff attorney’s fees in the instant judgment.”

DISCUSSION AND DECISION

Because we determine that the contract involved herein was illegal, hence void as a matter of law, and reverse the trial court’s judgment, we discuss only the first issue.

The school corporation argues that case law and public policy considerations require school teachers to be licensed by appropriate state agencies before they may make an enforceable teaching contract .with public *704 school corporations. Sartori contends that while the case law relied upon by the school corporation was based upon a former statute specifically prohibiting the employment of a nonlicensed teacher, current statutes contain no such prohibition. He further asserts that because the current statutes are ambiguous with respect to the mandatory requirement of teacher licensing and because the school corporation knew that he was not licensed when it provided him with the contract, the corporation should be equitably estopped from raising the invalidity of the contract as a defense in this action. Although we are sympathetic with his predicament, after careful review of and reflection on the issue, we must respectfully reject Sartori’s position.

It is true that the statute pertaining to teachers prior to the current recodification of the law explicitly stated that “no person ... may be employed as ... [a] teacher ... unless such person holds a license issued by the state board of education of the kind and grade required for the particular position, ...” Ind.Code (1971) § 20-6-1-5(c) (Burns Code Ed.). In the current codification, “teacher” is defined as “a professional person whose position in the school corporation requires certain teacher training preparations and licensing.” Ind.Code (1982) § 20-6.1-1-8. Other provisions of this legislation vest the power to license or to grant permission to serve as a particular kind of teacher in the commission on teacher training and licensing, Ind.Code (1982) §§ 20-6.1-3-1; 20-6.1-1-4, and require teachers to be employed on a carefully worded, prepared contract form. Ind.Code (1982) §§ 20-6.1 — 4-3-9. We do not believe that the legislature in its repeal of prior legislation intended to repeal the requirement that teachers be licensed or certified pursuant to uniform, state-wide standards. Certainly the legislation currently enacted cannot be read to permit public school principals or corporations to certify, by means of a contract, unlicensed persons as “teachers” on an ad hoc basis. 1 Such an interpretation would render the legislation pertaining to licensing authorities and procedures nugatory. Rules of statutory construction prohibit such a result. See 26 I.L.E. Statutes § 103 at 311 (1960).

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Bluebook (online)
442 N.E.2d 702, 8 Educ. L. Rep. 173, 1982 Ind. App. LEXIS 1496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/switzerland-county-school-corp-v-sartori-indctapp-1982.