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Joseph Kalvoda, Melissa Davis, Gerald Prouty and Sandra Broschat v. Bismarck Public School District #1

February 8, 2011

JOSEPH KALVODA, MELISSA DAVIS, GERALD PROUTY AND SANDRA BROSCHAT, PETITIONERS AND APPELLANTS
v.
BISMARCK PUBLIC SCHOOL DISTRICT #1, RESPONDENT AND APPELLEE



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Robert O. Wefald, Judge.

The opinion of the court was delivered by: Sandstrom, Justice.

N.D. Supreme CourtKalvoda v. Bismarck Public School Dist. #1,

2011 ND 32

This opinion is subject to petition for rehearing. [Go to Documents] [Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Sandstrom, Justice.

Kalvoda v. Bismarck Public School

Dist. #1

No. 20100320

[¶1] Joseph Kalvoda, Melissa Davis, Gerald Prouty, and Sandra Broschat appeal from the district court's amended judgment dismissing their action seeking to compel the Bismarck Public School District to pay them additional compensation. We hold the appellants are currently fulfilling their duties as required by the rules in their contract. Further, the parties' long-standing interpretation of administrative rule GBRB-R reflects the appellants are teaching the normal workload specified in their contracts. Because the teachers are not entitled to additional compensation under this rule, we affirm the district court's judgment dismissing the teachers' complaint.

I

[¶2] The Bismarck Public School District ("Bismarck School District") has three high schools. The two "traditional" high schools are Bismarck High School and Century High School, while South Central High School is the district's alternative high school. The appellants were teachers employed by the Bismarck School District and assigned to teach at South Central during the 2009-10 school year. They were also members of the Bismarck Education Association, which had negotiated the standard teaching contract for its members with the Bismarck School District.

[¶3] Part of the contract governing the relationship between the Bismarck School District and the teachers is administrative rule GBRB-R. Entitled "Administrator and Teacher Work Day," this rule establishes the daily and weekly teaching time requirements for teachers and is the subject of this dispute. Rule GBRB-R provides in part:

The teacher work day shall include a normal teaching contact time of 1500 minutes per week. Teaching contact time is defined as time actually assigned to instructional classroom activities. . . . Senior high school teachers may, in addition to five classes, fulfill the 1500 minute schedule with the assignment of a "tutorial" period. The tutorial period is to be scheduled by the building administrator in cooperation ...


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