Taborn v. Hammonds

371 S.E.2d 736, 91 N.C. App. 302, 1988 N.C. App. LEXIS 864
CourtCourt of Appeals of North Carolina
DecidedSeptember 20, 1988
DocketNo. 8714SC1070
StatusPublished
Cited by3 cases

This text of 371 S.E.2d 736 (Taborn v. Hammonds) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taborn v. Hammonds, 371 S.E.2d 736, 91 N.C. App. 302, 1988 N.C. App. LEXIS 864 (N.C. Ct. App. 1988).

Opinions

ORR, Judge.

I.

Plaintiffs first argument is that the Board did not establish a justifiable decrease in the number of teaching positions because of decreased funding in the 1984-85 school year. We agree.

N.C.G.S. § 115C-325(e)(l) states:
No career teacher shall be dismissed or demoted . . . except for one or more of the following:
1. A justifiable decrease in the number of positions due to district reorganization, decreased enrollment, or decreased funding ....

[306]*306N.C.G.S. § 115C-325(m)(l) makes subsection (e) applicable to probationary teachers dismissed during the school year.

In Taborn I, this Court noted an “absence of findings regarding the relationship of headcounts in areas of the Exceptional Children Program to the termination of plaintiff . . . Taborn v. Hammonds, 83 N.C. App. at 469, 350 S.E. 2d at 885, and that the Board’s decision did not specify in which areas the staff reductions occurred.

In the case sub judice, the Board made detailed findings of fact, including the following:

That because of the aforementioned loss of funds [$58,560.00 in the Title VI-B program and $211,150.72 in the State Aid Exceptional Children program], the Exceptional Children Program, which had been staffed in reliance upon the initial proposed allotments, did not have sufficient funds for personnel expenses to pay all the professional . . . persons who had originally been assigned to said program for the 1984-85 school year.
That at the request of the Superintendent and in accordance with Board policy, the Director of Exceptional Children and the Director of Instruction reviewed and made recommendations for consolidation and elimination of positions to serve the 1984-85 Exceptional Children Program enrollment within the State guidelines without detriment to the system’s obligation to provide the most meaningful educational program to its students in accordance with its policy on Reduction in Instructional Personnel.
That is what was recommended and approved that six aide positions be eliminated in non-self contained classes, that one teaching position be eliminated from the Speech Language Therapy Service, that two teaching positions be eliminated from the Academically Gifted, that one EMH teaching [position] be eliminated from Burton Elementary, that one EMH position be eliminated from Holton Middle, and that one EMH resource services position be consolidated for the Fayetteville Street and Y. E. Smith Elementary Schools.

[307]*307While these findings of fact provide an adequate explanation for reducing specific personnel, they do not justify the initial decision culminating in a decrease in the number of positions in the Exceptional Children’s Program.

The threshold issue that must be determined under N.C.G.S. § 115C-325(e)(l) is whether decreased funding automatically justifies a decrease in teaching positions. As we stated in Tabom I, our legislature expressly intended to protect teachers in special education programs and related areas from a reduction in funding. Taborn v. Hammonds, 83 N.C. App. at 466, 350 S.E. 2d at 883. The purpose of N.C.G.S. § 115C-325 et seq. (known as the Teacher Tenure Act, formerly N.C.G.S. § 115-142 et seq.) is “to provide teachers of proven ability . . . [protection] from dismissal for political, personal, arbitrary or discriminatory reasons.” Bennett v. Bd. of Education, 69 N.C. App. 615, 619-20, 317 S.E. 2d 912, 916, cert. denied, 312 N.C. 81, 321 S.E. 2d 893 (1984) (citation omitted).

Upon learning of the decreased funding, defendants’ conclusion was to reduce teaching positions. In light of the requirement for a “justifiable decrease in the number of positions” under N.C.G.S. § 115C-325(e)(l)(l) and the purpose of the Teacher Tenure Act discussed above, we conclude that the automatic decision to reduce teaching positions as the response to the funding cut is precisely the kind of decision from which our legislature intended to protect teachers.

It should be further noted that the Board’s conclusions refer to a “justifiable decrease in funding” and that the “reduction in professional staff was an appropriate response.” The statutory test in N.C.G.S. § 115C-325(e)(l)(l) is “[a] justifiable decrease in the number of positions” not a justifiable decrease in funding and an appropriate response.

The record before us does not explain how defendants reached the decision to reduce personnel. The only alternative defendants explored was to spread the reduction in funding over a two year period. We believe defendants adequately explained their reasons for not selecting this alternative, and we do not take issue with this decision.

However, there is little discussion regarding other alternatives defendants may have had. Richard F. Barber (Assistant Su[308]*308perintendent of Business) testified that he only looked at personnel costs involved in the program to project the extent of the budget deficit. There was no testimony regarding consideration of other costs involved in administering the specific program or other programs, nor was there information concerning the entire budget’s inclusion of teaching salaries, administrative costs, overhead costs, supplies and other personnel. Barber further testified that teachers’ salaries are paid by local funds, and that “[i]f sufficient funds were approved [by the county commissioners] we could cover additional personnel.” He did not testify regarding any request for additional funds.

While the record is unclear on the entire budgetary process, it is clear that the money lost was not earmarked for specific teaching positions. Barber later testified that there was a surplusage in the Durham City School budget in June 1984. The record does not reflect why the reduction was not absorbed within the entire budget or spread throughout the city school system.

Dr. Kenneth Warlick (Supervisor for Programs for Exceptional Children) testified that when he determined that the headcount total had been overestimated for that school year, he was instructed to draft a proposal to consolidate or eliminate positions and still maintain quality. Warlick further testified that they (Durham City Schools) had to reduce positions because of a reduction in funds.

Defendant Hammonds then testified that after Dr. Warlick and the committee made certain investigations, he (Warlick) made recommendations to consolidate or eliminate certain positions. The testimony is simply incomplete on the issue of why a decrease in funds allocated to a particular program automatically resulted in a reduction of teaching positions for that program.

Therefore, we hold that to establish a justifiable decrease in the number of positions due to decreased funding under N.C.G.S. § 115C-325(e)(l)(l), defendants must present evidence justifying the decrease in teaching positions beyond the mere fact that funding has been reduced. Black’s Law Dictionary defines justifiable as “[r]ightful; defensible; [or] . . . that which can be shown to be sustained by law ....’’ Black’s Law Dictionary 778 (rev. 5th ed. 1979).

[309]*309In Taborn I,

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Bluebook (online)
371 S.E.2d 736, 91 N.C. App. 302, 1988 N.C. App. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taborn-v-hammonds-ncctapp-1988.