York v. Bd. of School Com'rs of Mobile Cty.

460 So. 2d 857, 22 Educ. L. Rep. 644, 1984 Ala. LEXIS 4701
CourtSupreme Court of Alabama
DecidedNovember 21, 1984
Docket83-323
StatusPublished

This text of 460 So. 2d 857 (York v. Bd. of School Com'rs of Mobile Cty.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
York v. Bd. of School Com'rs of Mobile Cty., 460 So. 2d 857, 22 Educ. L. Rep. 644, 1984 Ala. LEXIS 4701 (Ala. 1984).

Opinion

MADDOX, Justice.

This is a case involving non-renewal of the employment contracts of non-tenured teachers pursuant to Code 1975, § 16-24-12. The specific legal issue presented is whether the statutory language of § 16-24-12 requires that a school Board give individual consideration to teachers whose contracts are being considered for non-renewal and spread their names upon the minutes of its meeting.

In 1979, the Mobile County Board of School Commissioners (hereinafter the Board) established a policy whereby it would not renew the contracts of non-tenured teachers who failed to present their superintendent with an acceptable score on the National Teacher’s Examination (NTE). Plaintiffs/appellants were non-tenured teachers who had been employed by the Board for periods of one to three years. All had entered into a contract for the 1981-82 school year, which provided as follows:

“Continued employment is dependent upon you [sic] taking the National Teacher’s Examination during the next scheduled test date and submitting an acceptable test score to the Personnel Office.”

It is undisputed that none of the plaintiffs presented an “acceptable test score.” It is also undisputed that on or about May 21, 1982, each Board member received an agenda for the Board’s upcoming May 26, 1982, meeting, and that one item on that agenda was consideration of the superintendent’s recommendation that the contracts of all 106 non-tenured teachers who had failed to present an acceptable NTE score not be renewed for the upcoming school year. It is also undisputed that on May 21 each Board member received a letter containing the names of all teachers, including plaintiffs, who were subject to non-renewal. The Board met and approved [858]*858the superintendent’s recommendation on May 26,1982. Thereafter, all of the affected teachers, including plaintiffs, received proper notice of the non-renewal of their contracts.

On October 27, 1982, plaintiffs brought suit against the Board and its members, alleging that, in failing to renew their contracts, the Board had violated Code 1975, § 16-24-12. Specifically, they asserted that the Board had failed to consider each of the dismissed teachers individually, and had failed to “spread” its decision on the minutes of its May 26 meeting, and to include their names in those minutes. On this basis, plaintiffs filed a motion for a preliminary injunction, which was heard by the court on December 3, 1982, and denied on December 22, 1982, the court finding that “Plaintiffs did not establish that plaintiffs’ contracts were non-renewed in violation of Section 16-24-12_”

Pursuant to Rule 65(a)(2), Ala.R.Civ.P., the parties agreed that the evidence presented at the injunction hearing, plus several depositions taken subsequent thereto, should be considered as the testimony taken at trial. The aforesaid testimony was then submitted to the circuit court, along with each party’s proposed findings of fact and conclusions of law. On November 8, 1983, the circuit court ruled in the Board’s favor, finding no violation of § 16-24-12.

Plaintiffs appeal here, restating their earlier contention that, even though the Board considered them, along with the other teachers who had not presented acceptable test scores, as a group, its failure to individually consider and rule upon each teacher’s non-renewal and failure to evidence that individual consideration in its minutes constituted a violation of § 16-24-12. Under the present facts, we find no error and affirm.

Section 16-24-12 provides, in pertinent part:

“The employing Board of education shall not cancel the contract of any teacher in continuing service status, nor cause notice of nonemployment to be given to any teacher whether in continuing service status or not except by a vote of a majority of its members evidenced by the minute entries of said Board made prior to or at the time of any such action.”

For their interpretation of this section, as applied to their cases, plaintiffs rely on three cases, Ex parte Hayes, 405 So.2d 366 (Ala.1981), Shelton v. Lauderdale County Board of Education, 380 So.2d 835 (1980), and Board of Education v. Baugh, 240 Ala. 391, 199 So. 822 (1941). We are of the opinion that all three cases relied upon by the plaintiffs are clearly distinguishable from the case sub judice.

In Baugh, supra, this Court stated, in general terms, that “[t]he County Board of Education speaks through its records or written memorials”, 240 Ala. at 395, 199 So. at 825, and that “if [a] teacher is not to be retained for another year such teacher has the right to expect that such matter be determined upon the judgment of the County Board, as expressed in its written memorials,” id. That case, however, dealt with a factual situation completely dissimilar from the present one.

In Baugh, the Board gave the superintendent general authority to notify non-tenured teachers that their contracts would not be renewed, leaving to the superintendent’s discretion those who would not be re-employed. Prior to the superintendent’s actions, the Board neither voted for non-renewal nor even knew the names of those whose' contracts would not be renewed. After the affected teachers were notified of their non-renewal, the Board sought to ratify the superintendent’s exercise of discretion by including in its minutes its vote approving the non-renewals. It was this attempted delegation of discretion to the superintendent by the Board that this Court found objectionable; consequently, the Court properly held that the Teacher Tenure Act does not provide for notice of non-renewal by the superintendent, and subsequent ratification by the Board. Baugh, 240 Ala. at 395, 199 So. at' 825.

[859]*859Similarly, in Shelton, supra, the Board attempted to retroactively approve the non-renewal of a non-tenured teacher. Again, this Court held that even though the Board had access to the names of those subject to non-renewal prior to the superintendent’s notification of the affected teachers, the Board’s retroactive approval was ineffective. This Court stated that “[t]he current statute [§ 16-24-12] does affirmatively require a minute entry reflecting the vote of a majority of the employing Board’s members to ‘cause notice of non-employment to be given.’ ” Shelton at 837 (emphasis original).

Plaintiffs are correct that in Hayes, supra, this Court cited Baugh and stated, in dicta, that the Board “must weigh and make a determination [as to continued employment of a non-tenured teacher] on the facts in each individual case and spread that decision on its minutes.” (Emphasis added.) It is largely this sentence taken from Hayes, supra, upon which plaintiffs base their primary claim. We admit that this language is supportive of plaintiffs’ argument, but this single sentence should not be read out of the context in which it was written, a context, again, dissimilar from the present one. In Hayes, unlike the present case, a non-tenured teacher was terminated during the pendency of an ongoing contract, without a hearing and, as in Baugh and Shelton, with only retroactive approval by the Board.

In the present instance, unlike Baugh, Shelton, and Hayes,

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Related

Ex Parte Hayes
405 So. 2d 366 (Supreme Court of Alabama, 1981)
Holcombe v. County Board of Education
4 So. 2d 503 (Supreme Court of Alabama, 1941)
Board of Education of Marshall County v. Baugh
199 So. 822 (Supreme Court of Alabama, 1941)
State Ex Rel. Wright v. Campbell
103 So. 471 (Supreme Court of Alabama, 1925)
Shelton v. Lauderdale County Board of Education
380 So. 2d 835 (Supreme Court of Alabama, 1980)

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Bluebook (online)
460 So. 2d 857, 22 Educ. L. Rep. 644, 1984 Ala. LEXIS 4701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/york-v-bd-of-school-comrs-of-mobile-cty-ala-1984.