In re Resolutions Relating to the Termination and Non-Renewal of the Teaching Contracts of Carol Grzybowski and Heather Mignone, Probationary Teachers.
A16-1063
| Minn. Ct. App. | Feb 21, 2017Background
- Independent School District No. 276 hired Carol Grzybowski (guidance counselor) and Heather Mignone (special-education teacher) as probationary teachers for 2014–15; both had prior continuing-contract status from other districts.
- In April 2015 both teachers asked to extend their probationary status for the 2015–16 year and confirmed those requests by email; the district and teacher association signed agreements extending probation.
- On May 5, 2016 the school board voted not to renew the teachers’ contracts; relators were informed May 6 and appealed to the court of appeals via certiorari.
- The central legal question was whether the teachers had waived continuing-contract (tenure) rights by requesting a second probationary year and whether the nonrenewal violated Minn. Stat. § 122A.40.
- The record showed emails and conduct indicating the teachers knew they were requesting extension of probation and were treated as probationary in evaluations during 2015–16.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether relators waived their right to continuing contracts by requesting a second probationary year | Relators: requests did not show intentional, voluntary waiver of continuing-contract rights | District: written requests and conduct show intentional, voluntary waiver of continuing-contract rights | Held: Waiver was intentional and voluntary; substantial evidence supported inference of waiver |
| Whether the district’s May 2016 nonrenewal violated Minn. Stat. § 122A.40 | Relators: having previously earned continuing status elsewhere, they retained right to continuing contract | District: because relators extended their probation, they remained probationary and district had discretion not to renew | Held: No violation; district acted within its discretion under § 122A.40 to not renew probationary teachers |
Key Cases Cited
- Dokmo v. Indep. Sch. Dist. No. 11, 459 N.W.2d 671 (Minn. 1990) (standard of certiorari review for school-board nonrenewal decisions)
- Kelly v. Indep. Sch. Dist. No. 623, 380 N.W.2d 833 (Minn. App. 1986) (definition of substantial evidence)
- Flaherty v. Indep. Sch. Dist. No. 2144, 577 N.W.2d 229 (Minn. App. 1998) (employment-status questions are legal issues reviewed de novo; intent to waive may be inferred from conduct)
- Lucio v. Sch. Bd. of Indep. Sch. Dist. No. 625, 574 N.W.2d 737 (Minn. App. 1998) (waiver of continuing-contract right must be intentional and voluntary)
- Perry v. Indep. Sch. Dist. No. 696, 210 N.W.2d 283 (Minn. 1973) (waiver invalid where district used scheme to circumvent statutory protections)