Hall v. Salem Ind. Sch. Dist. No. 17, McCook County

DOYLE, Justice

(dissenting).

The sole question before the court is at what point does the appellant’s time for appeal begin to run. The majority holds that an appeal must be taken within ninety days after the school board has rendered its decision. I cannot agree. This holding totally disregards SDCL 13-43-10.1, which in applicable part provides: *209It is my opinion a teacher must first receive the written notice as the above statute requires before the ninety-day time for appeal begins to run. Under the rationale of the majority opinion, a school board could conceivably dismiss a teacher in executive session, give no written notice as required by SDCL 13-43-10.1, wait until ninety days have elapsed, notify the teacher of its decision and the teacher could never have a court hearing on the fact that no written notice was ever given under SDCL 13-43-10.1! I cannot believe this was the intent of the legislature. SDCL 13-43-10.1 and SDCL 13-46-1 are in pari materia and must be considered together to the end of having a harmonious and consistent body of law. In plain words, these two statutes must be construed so they make sense.

*208“Written notice of the final determination shall be delivered to that teacher within seven days after the hearing. The ultimate determination of the board shall be final. A teacher aggrieved by such final determination shall have the right of appeal therefrom as provided in SDCL 13-46-1.”

*209Furthermore, as I understand the majority opinion, it attempts to justify the result reached in the pretext the appellant was well aware of the actions of the school board. This is wholly immaterial in that SDCL 13-43-10.1 mandates that written notice be given.

I am authorized to state that Justice DUNN joins in this dissent.