Opinion

Ar-We-Va Community School District v. Long

  • 292 N.W.2d 402
  • 1980 Iowa Sup. LEXIS 850
Court
Supreme Court of Iowa
Filed
May 21, 1980
Status
Published
Author
Uhlenhopp
On the bench
Reynoldson, Rees, Uhlenhopp, McCormick, McGiverin
Cited by
6 cases

The opinion

UHLENHOPP, Justice

(dissenting).

I agree with the opinion of the Court of Appeals. The introductory clause of the sentence in question states:

In the event necessary reduction in staff cannot be adequately accomplished by attrition given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, .

The sentence then proceeds to say

the Administration shall base its decision as to resulting renewals on the relative skill, ability, competence and qualifica *406 tions of available teachers to do the available work.

(Emphasis added in both quotations.)

In using the word “qualified” in the introductory clause and the words “relative . qualifications” in the main part of the sentence, I think the contracting parties were talking about teachers’ qualifications in a broad sense, not in the narrow sense of whether teachers are certified. Especially is this true in view of the other three words in the group: “skill,” “ability,” and “competence.” “Noscitur A Sociis,” Black’s Law Dictionary 1209 (Rev. 4th ed. 1968); 66 C.J.S. Noscitur A Sociis, 607-08 (1950).

I would affirm the decision of the Court of Appeals.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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