252 So. 3d 996
La. Ct. App.2018Background
- Ten Jefferson Parish principals were demoted after the 2011–12 school year based on Superintendent findings of "incompetent" or "inefficient" under La. R.S. 17:444(B); eight non‑renewals at contract expiration and two mid‑term removals.
- School Board adopted a 2010 policy (revised 2011) tying School Performance Score (SPS) growth targets to possible reconstitution/replacement of principals; some principals’ contracts (2010) expressly referenced SPS targets, others incorporated all Board policies by reference.
- Plaintiffs sued claiming (1) unilateral contract modification by adoption/applicability of the SPS policy, (2) impermissible retroactive application of the policy, and (3) failure to receive 120 days’ notice reconducted their contracts for a full two‑year term.
- At Board hearings plaintiffs’ counsel waived plaintiffs’ appearances, offered no evidence, and did not contest the SPS data; the Board upheld the Superintendent’s demotion recommendations.
- Trial court found (a) contracts incorporated Board policies so use of SPS growth targets to assess competency did not breach contracts, (b) no reversible retroactivity problem on the record, and (c) failure to give 120‑day notice entitled affected principals to 120 days’ pay (not full two‑year reconduction).
- Court of Appeal affirmed the partial final judgment: contracts bound principals to Board policies; SPS data could be used to find incompetence/inefficiency; remedy for lack of notice was 120 days’ pay (or lost wages pending hearing for mid‑term removals), not full reconduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board unlawfully modified contracts by adopting SPS policy | Board unilaterally changed contractual duties by making meeting SPS targets a contractual obligation | Contracts incorporated all Board policies; competency is undefined and may include SPS performance | Contracts unambiguous; incorporation clause binds principals to Board policies; no breach found |
| Whether Board retroactively applied policy to years before 2010 | Policy was applied to pre‑2010 performance, violating non‑retroactivity | Policy application concerned post‑policy years and many contracts expressly included SPS language | No reversible error: demotions supported by post‑2010 performance and some contracts expressly contained SPS terms |
| Whether failure to give 120 days’ notice reconducted contracts for two years | Statutory 120‑day notice requirement produces reconduction of full two‑year contract | Contract provision limits remedy to day‑to‑day extension until 120 days of notice have passed; statute silent on reconduction | Contract language controls; remedy is day‑by‑day extension (resulting in 120 days’ pay), not full reconduction |
| Adequacy of due process for mid‑term removals | Mid‑term removals lacked required notice/hearing | La. R.S. 17:444(B)(4)(c)(iii) requires written charges and fair hearing; Board provided hearings for those who sought them | Two mid‑term removals were entitled to and awarded lost wages until their hearings; no reconduction entitlement |
Key Cases Cited
- Spears v. Beauregard Par. Sch. Bd., 848 So.2d 540 (La. 2003) (standard of review in tenure proceedings: limited to statutory formalities and substantial evidence)
- Howell v. Winn Parish School Bd., 332 So.2d 822 (La. 1976) (district court review must give deference to school board findings)
- Arriola v. Orleans Parish Sch. Bd., 809 So.2d 932 (La. 2002) (deference to school board discretion and credibility findings)
- Gaulden v. Lincoln Parish School Bd., 554 So.2d 152 (La. App. 2 Cir. 1989) (reasons for dismissal largely within school board discretion)
- Wiley v. Richland Parish School Bd., 476 So.2d 439 (La. App. 2 Cir. 1985) (appellate review limited to statutory compliance and substantial evidence)
- Wright v. Caldwell Parish Sch. Bd., 733 So.2d 1174 (La. 1999) (discusses effect of statutory notice on contract renewal context)
- Rousselle v. Plaquemines Par. Sch. Bd., 633 So.2d 1235 (La. 1994) (retroactivity issue as to statute amendment)
- Irchirl v. Natchitoches Parish Sch. Bd., 103 So.3d 1237 (La. App. 3 Cir. 2012) (same facts may support alternative bases for termination)