Turner v. E. Baton Rouge Parish Sch. Bd.
252 So. 3d 990
La. Ct. App.2018Background
- Courtney S. Turner, a tenured East Baton Rouge Parish teacher, served as the third assistant principal at Wedgewood Elementary for 2015–2017 without a written promotional contract.
- For 2017–2018 Wedgewood reduced its assistant principal allocation from three to two due to projected enrollment declines and budget constraints.
- The school principal chose not to fill the third assistant principal slot; Turner was reassigned to an administrative dean position at another school with no pay reduction.
- Turner sued seeking an alternative writ of mandamus to compel the School Board to issue her a new assistant principal contract (relying on La. R.S. 17:444B(4)(c)(iv)).
- The trial court found the assistant principal position at Wedgewood was discontinued for good cause (budgetary reasons), denied mandamus, and dismissed Turner’s petition; Turner appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the School Board was required to offer Turner a new assistant-principal contract where the superintendent did not recommend against renewal | Turner: statutory text requires the Board to offer a new contract unless the superintendent recommends against it (so absence of that recommendation mandates renewal) | Board: statute lists multiple disjunctive grounds for nonrenewal (including discontinuation); elimination/discontinuation of the position suffices to avoid renewal | The statute is disjunctive; discontinuation of the specific position due to budgetary reasons relieves the Board of the duty to renew; mandamus denied |
Key Cases Cited
- Jazz Casino Company, L.L.C. v. Bridges, 223 So.3d 488 (La. 2017) (mandamus lies only to compel a ministerial duty where no discretion exists)
- Rousselle v. Plaquemines Parish School Bd., 633 So.2d 1235 (La. 1994) (statute permits nonrenewal where a promotional position has been discontinued or eliminated by reorganization)
- Stobart v. State through Department of Transportation and Development, 617 So.2d 880 (La. 1993) (standard for manifest-error review of factual findings)
- Hayes Fund for First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC, 193 So.3d 1110 (La. 2015) (describing the two-step manifest-error/clearly-wrong review)
- Hoag v. State, 889 So.2d 1019 (La. 2004) (definition and limits of a ministerial duty for mandamus relief)