Wise v. Bossier Parish School Bd.

851 So. 2d 1090, 2003 La. LEXIS 1934, 2003 WL 21480271
CourtSupreme Court of Louisiana
DecidedJune 27, 2003
Docket2002-C-1525
StatusPublished
Cited by22 cases

This text of 851 So. 2d 1090 (Wise v. Bossier Parish School Bd.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wise v. Bossier Parish School Bd., 851 So. 2d 1090, 2003 La. LEXIS 1934, 2003 WL 21480271 (La. 2003).

Opinion

851 So.2d 1090 (2003)

Sonja WISE
v.
BOSSIER PARISH SCHOOL BOARD.

No. 2002-C-1525.

Supreme Court of Louisiana.

June 27, 2003.
Rehearing Denied September 5, 2003.

*1091 Robert L. Hammonds, Hammonds & Sills, Baton Rouge, Counsel for Applicant.

Jay A. Ginsberg, Charles M. Samuel, III, Rittenberg & Samuel, New Orleans, Counsel for Respondent.

KNOLL, Justice.

This case addresses the question of whether a rational basis supported by substantial evidence existed for the Bossier Parish School Board (School Board) to dismiss Sonja Wise (Wise), a tenured teacher, for willful neglect of duty. After the district court affirmed the School Board's decision, the court of appeal reversed, finding the evidence insufficient to establish Wise's classroom management and instructional deficiencies and that she willfully neglected her duty as a classroom teacher. We granted the School Board's writ application to determine whether the appellate court properly applied the standard of review. Finding that the appellate court substituted its opinion for that of the School Board and impermissibly interfered with the School Board's role as fact finder, *1092 we reverse and reinstate the decision of the School Board and the judgment of the district court.

FACTS AND PROCEDURAL HISTORY

In the 1992-1993 school year, Wise, a teacher of sixteen years with the School Board, was assigned to teach various social studies and language arts classes for sixth, seventh, and eighth grade students at Cope Middle School in Bossier City. During her first year at Cope, she was reprimanded twice during the opening months of the school year by her principal, Tim Gilbert, for sending students unescorted to his office for disciplinary problems. In addition, Kenneth Kruithof, a supervisor of curriculum for the School Board, observed Wise's classroom performance and made formal recommendations for improvement. Although Kruithof formalized specific requirements for Wise in a professional assistance plan, Wise failed to timely submit lesson plans to her principal and to provide a pupil seating chart as required by the plan. On November 4, 1992, Wayne Tinsley, the Director of Personnel for the School Board, informed Wise that he intended to recommend that she be dismissed as a classroom teacher for willful neglect of duty. At that time, Wise was placed on paid leave, pending resolution of her employment status.

On May 20, 1994,[1] W.T. Lewis, the Superintendent of the Bossier Parish School System, notified Wise by letter of the charges against her. The letter informed her of seven formal charges that may be grouped as follows:

• Wise demonstrated willful neglect of duty by referring students to the office in contravention of school policy and the directives of her supervisor on September 22, 1992 and October 5, 1992. (Charges I(A) and (E)).

• Wise refused to sign the form her supervisor, Kenneth Kruithof, prepared after he conducted a formal observation of Wise in her classroom and further made no effort to implement suggestions for improvement given to her by her supervisors. (Charges I(B),(C), (F)).

• Wise failed to implement the Professional Assistance Schedule prepared for her on November 4, 1992, e.g., lesson plans were not timely submitted, seating charts were not turned in timely. (Charges I(D) and (G)).

The letter further advised Wise of her rights regarding the hearing before the School Board, identified the witnesses who may be called to testify against her, and notified her of the date and time of the hearing. The letter concluded with the Superintendent's recommendation that Wise be dismissed as a tenured teacher and that her employment be terminated if the School Board finds substantial evidence supported the charges.

Although the Superintendent's letter advised Wise that the hearing would be held on June 30, 1994, Wise, through her counsel of record, requested that the hearing be postponed until August 2, 1994. Following a lengthy hearing on August 2, the School Board unanimously found Wise guilty of willful neglect of duty as to six of the seven charges and dismissed her from her position as a tenured teacher.

Eleven months later,[2] Wise petitioned the district court for a hearing to review *1093 her dismissal.[3] Wise alleged that the decision of the School Board was erroneous. After reviewing the transcript of the tenure hearing before the School Board,[4] the district court affirmed the decision to dismiss Wise, finding compliance with all procedural requirements in initiating action against Wise and substantial record evidence to support the charges against her. Acknowledging that in reviewing the transcript of the tenure hearing the court was "not to substitute [its] judgment for the finder of facts," the district court specifically found substantial evidence existed for the School Board to find:

• Wise sent students to the school office unattended on more than one occasion after she was instructed not to.
• Wise's contention that she sent students to the school office unattended on instructions of personnel in the principal's office was not supported by the record.
• Wise received negative evaluations from her principal and her supervisor. Although she was given professional assistance plans to address her educational deficiencies and numerous opportunities to correct her teaching inadequacies, she failed to implement the plans provided to improve her teaching methods.
• Wise's contention that her failure to conference with her supervisors was the result of a personality conflict with the principal was not supported by the record.

The court of appeal found the School Board abused its discretion in its dismissal of Wise on the basis of the charges lodged against her. It found that although the specific charges against Wise may have exhibited her unsatisfactory performance as a classroom teacher, the record failed to establish that her failure to address those deficiencies was due to any deliberate or willful act in contravention of a direct order or school policy. In reaching that conclusion, the court of appeal noted that no direct order or policy was presented during the hearing that could have formed the basis for the charge of willful neglect of duty. It concluded that less than satisfactory performance on evaluations and assistance schedules was insufficient to establish that Wise deliberately or willfully neglected her duties. It further found the evidence was insufficient to establish that Wise's acts of referring students to the school office was due to willful neglect of duty. The court of appeal found no rational basis supported by substantial evidence existed in the record to justify the School Board's dismissal of Wise as a teacher because of willful neglect of duty. Therefore, the court of appeal found the School Board abused its discretion in dismissing Wise on the basis of the charges lodged against her. Wise v. Bossier Parish Sch. *1094 Bd., 35,543 (La.App. 2 Cir. 4/3/02), 814 So.2d 699.

We granted the School Board's writ of certiorari to determine whether the court of appeal was correct in its reversal of Wise's dismissal as a classroom teacher. Wise v. Bossier Parish School Board, 02-1525 (La.10/4/02), 826 So.2d 1110.

LAW AND DISCUSSION

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Bluebook (online)
851 So. 2d 1090, 2003 La. LEXIS 1934, 2003 WL 21480271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-bossier-parish-school-bd-la-2003.