BD. OF EDUC. OF TAOS MUN. SCH. v. Singleton

712 P.2d 1384, 103 N.M. 722
CourtNew Mexico Court of Appeals
DecidedDecember 3, 1985
Docket7942
StatusPublished
Cited by6 cases

This text of 712 P.2d 1384 (BD. OF EDUC. OF TAOS MUN. SCH. v. Singleton) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BD. OF EDUC. OF TAOS MUN. SCH. v. Singleton, 712 P.2d 1384, 103 N.M. 722 (N.M. Ct. App. 1985).

Opinion

OPINION

DONNELLY, Chief Judge.

Appellant, Board of Education of Taos Municipal Schools (Taos Board), appeals from an administrative decision of the State Board of Education (State Board), overturning the Taos Board’s action discharging Theresa Singleton, a teacher. Taos Board raises three issues on appeal: (1) error in failing to sustain the dismissal due to lack of certification; (2) error in determining Singleton was entitled to a public hearing by the board on the basis for her dismissal; and (3) claim of error in ordering Singleton’s reinstatement and reimbursement for loss of salary. We affirm.

The litigation culminating in this appeal has a lengthy and complex history. Singleton was employed as a home economics teacher by the Taos Board for fourteen years. She had thirty years of teaching experience and was a tenured teacher. On March 9, 1982, the Taos Board met in executive session, and its district superintendent, Leonila Serna, informed the board that Singleton lacked certification by the State Department of Education for the renewal of her teaching certificate and recommended that Singleton obtain certification by March 22, 1982, or that her employment be terminated. The Taos Board did not, however, formally vote in either executive session or in an open meeting on the issue of termination of Singleton.

On March 17, 1982, Serna sent Singleton a letter informing her that her employment as a teacher with the district would be terminated as of March 22, 1982. Singleton notified the board of her objections and argued that she was a tenured teacher, that she had not been accorded a hearing on her dismissal, and that the Taos Board had never formally voted to terminate her employment.

On April 21, 1982, at a meeting of the Taos Board, it summarily voted to terminate Singleton and determined that she did not hold a valid teaching certificate for the 1981-82 school year. At the same board meeting, Singleton requested a formal hearing prior to any board taking any action on her termination, but her request was denied. The following day, on April 22, 1982, Superintendent Serna sent Singleton a letter stating that her employment had been terminated and that she would not be reemployed for the 1982-83 school year.

Singleton brought a mandamus action in the District Court of Taos County seeking to compel the Taos Board to grant a formal hearing on the issue of whether or not she should be terminated. Following a hearing, the trial court, on March 29, 1983, issued a writ of mandamus ordering the Taos Board to hold a formal hearing, pursuant to NMSA 1978, Sections 22-10-17 and -19 (Repl.Pamp.1984), on the grounds sought for her discharge. The Taos Board appealed that order to the supreme court and on January 4, 1984, the supreme court, by memorandum decision, affirmed the trial court’s judgment.

Thereafter, the Taos Board notified Singleton that it would accord her a hearing on March 13, 1984 on the grounds of her discharge. Following the hearing conducted nearly two years after her original date of discharge, the Taos Board formally voted to discharge Singleton on the basis of her failure to obtain renewal of her secondary teacher certification for the 1981-82 school year.

Singleton appealed the decision of the Taos Board to the State Board. Following a hearing on May 8, 1984, by Ann Yalman, a hearing examiner appointed by the State Board, the hearing examiner adopted findings of fact and conclusions of law recommending Singleton’s reinstatement and compensation for backpay from the time of her initial discharge. The State Board, on June 18, 1984, voted to adopt the findings and conclusions of its hearing officer and to reverse the decision of Taos Board. In reaching its decision, the State Board adopted, inter alia, the following findings of fact:

4. Appellant [Singleton] was discharged on March 22, 1984.
5. On April 21, 1982, the local school board [Taos School Board of Education] attempted to ratify the discharge by terminating Appellant [Singleton]. Appellant [Singleton] was already discharged prior to said date.
6.The local board informal hearing did not take place less than five days nor more than fifteen days from the date of service of notice of discharge.
******
8. The local board hearing was held March 13, 1984.
******
12. Under said contract [under Singleton’s written contract for the 1981-82 school year], Appellant [Singleton] was to furnish the local school district a proper certificate within three months of the start of the school year.
13. Appellant [Singleton] had not presented the local school district a current proper certificate as of March 22, 1982.
14. Appellant’s [Singleton’s] previous 5 year [sic] certificate expired June 30, 1980.
15. The state board of education did not issue Appellant [Singleton] a certificate for the period July 1, 1980-June 30, 1985 until September 13, 1982.
16. The state department of education did not keep accurate, clear records regarding which courses were applicable for which certificates between 1970-1980; therefore the state department of education could not determine to any degree of reasonable certainty which courses could be counted toward 1980-85 recertification.
17. The state department of education did not follow its own policy that transcripts must be received before courses were credited toward recertification.
18. The state department of education notified the local school district that Appellant [Singleton] was a certified school instructor in August, 1981, at the commencement of the 1981-82 school year.
19. The state department of education’s records are inadequate to determine that Appellant [Singleton] was not certifiable as of her date of discharge (March 22, 1982). The records indicate that Ms. Singleton took 6 hours of college credit and 4 hours of inservice [training] between July 1, 1975 and June 30, 1980. These 10 hours satisfy the recertification requirement for 1980-1985. She also took the additional reading requirement of July 1, 1982.

After issuance of the State Board’s order, finding that Singleton had been improperly terminated and directing her reinstatement, the Taos Board appealed to this court.

I. ISSUE AS TO CERTIFICATION

Taos Board asserts that the State Board erred in finding that Singleton met the certification requirements of NMSA 1978, Section 22-10-3 (Repl.Pamp.1984), and was entitled to reinstatement.

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Bluebook (online)
712 P.2d 1384, 103 N.M. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-educ-of-taos-mun-sch-v-singleton-nmctapp-1985.