Thompson v. East Baton Rouge Parish School Board

303 So. 2d 855, 1974 La. App. LEXIS 4148
CourtLouisiana Court of Appeal
DecidedNovember 12, 1974
Docket10021
StatusPublished
Cited by12 cases

This text of 303 So. 2d 855 (Thompson v. East Baton Rouge Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. East Baton Rouge Parish School Board, 303 So. 2d 855, 1974 La. App. LEXIS 4148 (La. Ct. App. 1974).

Opinion

303 So.2d 855 (1974)

Helvius L. THOMPSON
v.
EAST BATON ROUGE PARISH SCHOOL BOARD.

No. 10021.

Court of Appeal of Louisiana, First Circuit.

November 12, 1974.
Rehearing Denied December 16, 1974.

*856 Woodson T. Callihan, Baton Rouge, for appellant.

John F. Ward, Jr., Baton Rouge, for appellee.

Before LOTTINGER, COVINGTON, and BAILES, JJ.

CONVINGTON, Judge.

This is a proceeding in which plaintiff, Helvius L. Thompson, seeks to have an alternative *857 Writ of Mandamus, heretofore directed to the East Baton Rouge Parish School Board, be made peremptory, thereby reinstating him as a teacher at the Valley Park Continuing Education Center with full back pay to August 1, 1973.

The trial Court denied relief to the plaintiff and he has appealed. After reviewing the entire record, including the stipulations of both the plaintiff and defendant, we conclude that the judgment of the trial court was correct, and adopt the excellent written opinion of the trial judge as our own:

According to the stipulated facts plaintiff has been employed since 1950 by the East Baton Rouge Parish School Board as a part-time teacher in the Veterans Education Program and during the entire time of his employment he was, and still is, a full-time employee of The United States Postal System, having been so employed since April 1, 1947. Until 1965, it is unrefuted that Mr. Thompson taught five (5) hours per day, five (5) days a week; and, from 1965 until he was dismissed in 1973, he taught three and one-half (3½) hours per day, four (4) days per week. On July 23, 1973, Mr. Thompson found a letter on his classroom desk written by the director of the Continuing Education Program advising Mr. Thompson that the last day of his employment as a teacher in the Veterans Program would be July 31, 1973 and that another teacher would replace him August 1, 1973. No reason was given for his dismissal. Plaintiff alleges and contends that he is a "Permanent Teacher" within the meaning of the Louisiana Teacher Tenure Law (LSA R.S. 17:441 et seq.) and may only be dismissed for cause and after a hearing on the charges in accordance with R.S. 17:443. The sole basis for plaintiff's suit for reinstatement and payment of salary is that he was not dismissed in accordance with the Teachers' Tenure Act. The issue to be decided is whether plaintiff is a permanent teacher within the meaning and protection of the Teacher Tenure Act (LSA R.S. 17:441-445).

The defendant contends that the plaintiff is not a permanent teacher because he is a part-time teacher. Defendant points out that the Department of Education has never considered part-time teachers tenured.

Defendant alleges that the Veterans Program was not instituted until after the enactment of the tenure law, and, therefore, never contemplated by the Legislature so the statute must be construed to give it the meaning the Legislature intended and avoid absurd results. Defendant, as an aid in ascertaining legislative intent, urges the court to apply the doctrine of contemporaneous construction. The effect of the doctrine is that where administrative departments have interpreted a law over a period of time, the courts (because of the injury that would result to those who have followed the administrative interpretation) will not disturb that interpretation even though they might disagree. Delta Life Ins. Co. v. Martin, 59 So.2d 465 (La.App. 1st Cir., 1952).

Defendant further contends that the Veterans Program is supported totally by federal funds and under the ruling of our Supreme Court in Hayes v. Orleans Parish School Board, 256 La. 677, 237 So.2d 681 (1970), the tenure law is inapplicable to a teaching position within this program.

The Teacher's Tenure Law provides:

LSA R.S. 17:441

"As used in this Sub-part, the word `teacher' means any employee of any parish or city school board who holds a teacher's certificate and whose legal employment requires such teacher's certificate."

LSA R.S. 17:442

"Each teacher shall serve a probationary term of three years to be reckoned from the date of his first appointment in the parish or city in which the teacher is serving his probation. During the probationary term the parish or city school board, as the case may be, may dismiss *858 or discharge any probationary teacher upon the written recommendation of the parish or city superintendent of schools, as the case may be, accompanied by valid reasons therefor.
Any teacher found unsatisfactory by the parish or city school board, as the case may be, at the expiration of the said probationary term, shall be notified in writing by the board that he has been discharged or dismissed; in the absence of such notification, such probationary teacher shall automatically become a regular and permanent teacher in the employ of the school board of the parish or city, as the case may be, in which he has successfully served his three year probationary term; all teachers in the employ of any parish or city school board as of July 31, 1946 who hold proper certificates and who have served satisfactorily as teachers in that parish or city for more than three consecutive years, are declared to be regular and permanent teachers in the employ of the school board of that parish or city."

LSA R.S. 17:443

"A. A permanent teacher shall not be removed from office except upon written and signed charges of wilful neglect of duty, or incompetency or dishonesty, or of being a member of or of contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the State of Louisiana, and then only if found guilty after a hearing by the school board of the parish or city, as the case may be, which hearing may be private or public, at the option of the teacher. At least fifteen days in advance of the date of the hearing, the school board shall furnish the teacher with a copy of the written charges. The teacher shall have the right to appear before the board with witnesses in his behalf and with counsel of his selection, all of whom shall be heard by the board at the said hearing. Nothing herein contained shall impair the right of appeal to a court of competent jurisdiction.
B. If a permanent teacher is found guilty by a school board, after due and legal hearing as provided herein, on charges of wilful neglect of duty, or of incompetency, or dishonesty, or of being a member of or of contributing to any group, organization, movement or corporation that is by law or injunction prohibited from operating in the State of Louisiana, and ordered removed from office, or disciplined by the board, the teacher may, not more than one year from the date of the said finding, petition a court of competent jurisdiction for a full hearing to review the action of the school board, and the court shall have jurisdiction to affirm or reverse the action of the school board in the matter. If the finding of the school board is reversed by the court and the teacher is ordered reinstated and restored to duty, the teacher shall be entitled to full pay for any loss of time or salary he or she may have sustained by reason of the action of the said school board."

The stipulated facts also show that plaintiff holds a teacher's certificate and the teaching position for which he was employed required such a teacher's certificate. Further, he did teach in this position for more than three years. Under R.S. 17:441, Mr.

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Bluebook (online)
303 So. 2d 855, 1974 La. App. LEXIS 4148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-east-baton-rouge-parish-school-board-lactapp-1974.