Whaley v. Anoka-Hennepin Independent School District No. 11

325 N.W.2d 128, 7 Educ. L. Rep. 206, 1982 Minn. LEXIS 1818
CourtSupreme Court of Minnesota
DecidedOctober 29, 1982
Docket81-1256
StatusPublished
Cited by16 cases

This text of 325 N.W.2d 128 (Whaley v. Anoka-Hennepin Independent School District No. 11) 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
Whaley v. Anoka-Hennepin Independent School District No. 11, 325 N.W.2d 128, 7 Educ. L. Rep. 206, 1982 Minn. LEXIS 1818 (Mich. 1982).

Opinion

AMDAHL, Chief Justice.

This is an appeal by defendant Anoka-Hennepin Independent School District No. 11 (School Board) from an order of Judge Richard J. Kantorowicz of the Hennepin County District Court, dated October 22, 1981, which set aside the School Board’s termination of the teaching contract of respondent Gerald Whaley. The district court found that the evidence before the School Board did not rise to the level necessary to demonstrate Whaley’s unfitness to teach under Minn.Stat. § 125.12, subd. 6 (1980), and that the termination was erroneous as a matter of law. We reverse.

Prior to his termination, respondent had served for 19 consecutive years as a teacher and principal in the Anoka-Hennepin School District, the last 3 of these years as a reading teacher for grades 4, 5, and 6 at the Sandberg Elementary School. On May 5, 1980, respondent received a notice of deficiency, pursuant to Minn.Stat. § 125.12, subd. 6 (1980). 1 This notice supplemented a similar notice issued in 1978 under which no action had been taken to change respondent’s teaching status. The May 1980 notice alleged the following deficiencies: (1) poor rapport with students; (2) insufficient communications with parents and fellow staff members; (3) inappropriate use of class time; (4) failure to be punctual or appear at appointments; (5) failure to follow the School Board’s adopted reading program; (6) irrational grading of students; and (7) lack of student progress. Following this notice, respondent conferred with several school administrators and was advised that termination of his contract would be recommended if these deficiencies were not corrected during the upcoming school year.

When school resumed for the 1980-81 school year, school administrators evaluated Whaley’s teaching methods and behavior by observing his classroom on six separate occasions between September and January. *130 Whaley participated in this evaluation by meeting with the staff members appraising his teaching performance.

On February 10, 1981, some 9 months after having received the May 5, 1980, notice of deficiency, Whaley was given a notice of proposed termination. In its statement of the reasons for the proposed termination, the School Board listed the grounds specified in Minn.Stat. § 125.12, subd. 6(a), (b) and (c) (1980), and also asserted the following: (1) lack of rapport with students; (2) lack of student progress; and (3) lack of appropriate disciplinary techniques.

Upon Whaley’s request, a hearing was conducted before an independent hearing officer on March 10, 11, and 12, 1981, to determine whether there was sufficient cause for Whaley’s termination. The school district’s evidence consisted of testimony from the three administrators who observed Whaley in the classroom, four of Whaley’s students, four teachers, and one parent. Whaley’s evidence consisted of his own testimony and the testimony of five students and one parent. No teachers testified on Whaley’s behalf.

On March 30, 1981, after consideration of the evidence at the hearing before the hearing officer, the School Board passed a resolution terminating Whaley’s contract at the end of the 1980-81 school year. The resolution includes 44 factual findings directly related to Whaley’s conduct as a teacher. From these findings the School Board concluded, in accordance with Minn.Stat. § 125.12, subd. 6(a)-(d) (1980), that Wha-ley: (1) was inefficient; (2) neglected his duties; (3) failed to follow his principal’s directions; and (4) was unfit to perform his duties. Whaley successfully petitioned the district court to issue a Writ of Certiorari to the School Board. The district court then reviewed the matter and issued an order setting aside the School Board’s resolution and reinstating Whaley to his teaching position. The School Board appeals from that order.

When deciding whether to hire or to terminate a teacher, a board of education is acting in an administrative capacity. On appeal to this court, a school board’s decision to terminate a teacher will be set aside only if the decision is “fraudulent, arbitrary, unreasonable, not supported by substantial evidence on the record, not within the school board’s jurisdiction, or is based on an erroneous theory of law.” Ganyo v. Independent School District No. 832, 311 N.W.2d 497, 500 (Minn.1981) (citations omitted). This appeal raises the issue of whether the School Board’s termination of Wha-ley’s continuing contract was based upon substantial evidence in the record. 2

This court views the record in its entirety to determine whether the board’s findings are supported by substantial evidence. Liffrig v. Independent School District No. 442, 292 N.W.2d 726, 729 (Minn.1979). The standard of review is narrow. Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Soo Line Railroad v. Minnesota Department of Transportation, 304 N.W.2d 301, 306 (Minn.1981) (quoting 4 K. Davis, Administrative Law Treatise § 29.02 (1978)). In so reviewing the probative force of the evidence, “it is not the role of this court to try the matter de novo and to substitute its findings for those of the school board.” Lucas v. Board of Education, 277 N.W.2d 524, 526 (Minn.1979). This limited judicial role in the application of substantial evidence review stems from the recognition that con *131 siderable judicial deference should be extended to the factfinding processes of a school board acting in an administrative capacity. Anderson v. Consolidated School District No. 144, 196 Minn. 256, 257-58, 264 N.W. 784, 784-85 (1936). Cf. City of North St. Paul v. Minnesota Water Resources Board, 260 N.W.2d 584, 586-87 (Minn.1977) (discussion of scope and purpose of substantial evidence review under Minnesota Administrative Procedure Act).

Applying these standards in our review of this matter, we find that there is substantial evidence in the record to support the School Board’s decision to terminate Whaley’s teaching contract. The School Board based its decision on 44 findings of fact regarding Whaley’s teaching performance. These findings generally concerned four major deficiencies: (a) excessive use of worksheets; (b) lack of rapport with students; (c) lack of appropriate student discipline; and (d) lack of student progress. Although there is evidence in the record from which conflicting inferences can be drawn with regard to each deficiency, in this action’s present posture the critical inquiry is whether the inferences drawn by the School Board in the course of their decision to terminate Whaley’s contract are supported by substantial evidence in the record considered as a whole. We find that they are so supported.

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Bluebook (online)
325 N.W.2d 128, 7 Educ. L. Rep. 206, 1982 Minn. LEXIS 1818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whaley-v-anoka-hennepin-independent-school-district-no-11-minn-1982.