STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM R. MULDROW, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1273RX

)

LEON COUNTY SCHOOL BOARD, )

)

Respondent. )

)

FINAL ORDER

The Petitioner, William R. Muldrow, filed a "Petition to Suspend and Recind [sic] under the provisions of Section 120.56, Florida Statutes. In the petition, it is alleged that a rule of the Leon County School Board constitutes an invalid exercise of delegated legislative authority. An Order of Assignment was entered by the Director of the Division of Administrative Hearings on May 6, 1983. The final hearing was scheduled to be conducted on June 6, 1983. At the hearing, the Petitioner called several witnesses, all employees of the Leon County School Board. The School Board offered no evidence.

FINDINGS OF FACT

1. During 1978 and 1979, Petitioner was employed as a full-time teacher on an annual contract basis with the Leon County School Board. The principal at the Petitioner's school did not recommend him for reappointment for the 1979- 1980 school year. Petitioner, accordingly, was not reappointed.

   
   

2. The Leon County School Board has adopted rules relating to the reappointment of teachers. School Board Rule 2.02(3)(a) provides:

   
   

   The building principal shall submit to the Superintendent for reappoint- ment, those members of his faculty recommended for reappointment. These reappointments, upon approval of the Superintendent, shall be recommended

   to the School Board at least six weeks prior to the close of the post school conference.

   
   

   In accordance with this rule, since Petitioner was not recommended for reappointment by his principal, he was not recommended by the superintendent and not reappointed by the School Board.

   
   

3. Petitioner was not terminated from his position as a part of a School Board layoff. The Petitioner's job performance had been satisfactory. He was not recommended for reappointment because the school had three persons available to teach courses for which there were only two positions. The Petitioner was the

   least senior of the three persons and did not have tenure. Accordingly, he was not recommended for reappointment.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.56, Florida Statutes.

   
   

5. Petitioner contends that the School Board's Rule 2.02(3)(a) is directly contrary to the provisions of Section 231.351, Florida Statutes, which was in effect at the time that Petitioner was employed with the Leon County School Board, but has since been repealed. The contention is without merit. Insofar as the rule could be construed as to be in any way contrary to the statutory provision, the statutory provision related only to the teachers who were otherwise entitled to receive a "continuing contract" or tenure. The evidence does not establish that Petitioner was entitled to receive a continuing contract. The statute would not, therefore, have applied to him.

   
   

6. Rule 2.02(3)(a) is harmonious with the provisions of Section 230.33(7)(a), Florida Statutes. This provision gives school superintendents the responsibility and duty to make recommendations to the school board for hiring personnel. The paragraph provides, inter alia:

   
   

   All nominations for reappointment of members of the instructional staff shall be made after conferring with the principals and shall be submitted in writing to the school board at least 6 weeks before the close of the post school conference.

   
   

   The Leon County School Board rule under attack virtually parrots the statutory provision. Accordingly, it could not be considered beyond the grant of statutory authority.

   
   

7. During the course of the hearing, Petitioner made numerous allegations respecting the impropriety of school board action in connection with his not being reappointed in 1979 and with respect to subsequent action taken by the School Board in connection with a part-time teaching position that the Petitioner has with the School Board. All of these contentions are outside of the allegations of the rule-challenge petition. Petitioner has not established that the School Board has engaged in any course of conduct which constitutes a rule, but has not been properly promulgated. Petitioner's contentions that the School Board has acted arbitrarily toward him cannot properly be addressed in the context of a rule-challenge proceeding.

FINAL ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

ORDERED:

Petitioner has failed to establish that Rule 2.02(3)(a) of the Leon County School Board constitutes an invalid exercise of delegated legislative authority, and the Petitioner's "Petition to Suspend and Recind [sic]" is hereby dismissed.

DONE AND ORDERED this 15th day of July, 1983, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Department of Administration

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of July, 1983.

COPIES FURNISHED:

Mr. William R. Muldrow 3070 Watterford Drive

Tallahassee, Florida 32308

Graham Carothers, Esquire Leon County School Board Post Office Box 391 Tallahassee, Florida 32301

Carroll Webb, Esquire Executive Director Administrative Procedures Committee

120 Holland Building Tallahassee, Florida 32301

Ms. Liz Cloud, Chief Administrative Code Bureau Department of State

1802 The Capitol

Tallahassee, Florida 32301

Docket for Case No: 83-001273RX

Orders for Case No: 83-001273RX