Board of Education for the Carlsbad Municipal Schools v. New Mexico State Department of Public Education

1999 NMCA 156, 993 P.2d 112, 128 N.M. 398
CourtNew Mexico Court of Appeals
DecidedSeptember 17, 1999
DocketNo. 19,434
StatusPublished
Cited by28 cases

This text of 1999 NMCA 156 (Board of Education for the Carlsbad Municipal Schools v. New Mexico State Department of Public Education) 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
Board of Education for the Carlsbad Municipal Schools v. New Mexico State Department of Public Education, 1999 NMCA 156, 993 P.2d 112, 128 N.M. 398 (N.M. Ct. App. 1999).

Opinion

OPINION

ALARID, J.

{1} This appeal addresses, in part, the manner in which public school teachers are given credit for their training and experience, how salaries are set for public school teachers, and how much funding the State allocates for each school district annually. The Board of Education for Carlsbad Municipal Schools (Carlsbad) appeals the trial court’s judgment in favor of the State Department of Education (the Department), the New Mexico State Board of Education (the State Board), and Alan D. Morgan, as Superintendent of Public Instruction (the State Superintendent) (collectively Defendants). Specifically, Carlsbad asserts that the trial court erred in (1) determining that Defendants acted within their legislative authority when construing NMSA 1978, Section 22-8-24 (1993), (2) allowing legislators to testify regarding legislative intent, and (3) deciding that Defendants are not equitably estopped from rescinding waivers they granted to Carlsbad. We disagree. We affirm the trial court’s decision because the Defendants’ construction of the statute is valid and Carlsbad abandoned any right to oppose enforcement of valid rules, regulations, and policies when it settled prior litigation with the State Board.

FACTS

Training and Experience Index

{2} In 1969, the State Legislature enacted the New Mexico State Equalization Guarantee Distribution. See NMSA 1978, § 22-8-25 (1990). The State Legislature enacted a formula under the statute to assure that each school district would receive an equitable amount of state education funds. Later, the State Legislature added to this formula by allowing teachers to receive credit for further education and experience. The instructional staff training and experience index (the training and experience index) defines this additional credit. See § 22-8-24(B). Section 22-8-24(B) provides:

The factors for each classification of academic training by years of experience are provided in the following table:

Years of Experience

Academic Classification_0-2 3-5 6-8 9-15 Over 15

Bachelor’s degree or less .75 .90 1.00 1.05 1.05

Bachelor’s degree plus 15 credit hours .80 .95 1.00 1.10 1.15

Master’s degree or bachelor’s degree plus 45 credit hours .85 1.00 1.05 1.15 1.20

Master’s degree plus 15 credit hours .90 1.05 1.15 1.30 1.35

Post-master’s degree or master’s degree plus 45 credit hours 1.00 1.15 1.30 1.40 1.50

{3} The training and experience index provides a basis for funding given to each school district. Each teacher’s number of years of experience and the level of each teacher’s education determines, in part, the funding for each school district. The average of the total number of years of experience and academic classification of all teachers in a school district is the training and experience index number for that particular school district. See § 22-8-24(C). The Department uses the training and experience index number for each school district to determine the funding each school district will receive annually.

Carlsbad’s Interpretation of the Training and Experience Index

{4} Carlsbad wanted to encourage additional education for teachers, provide higher salaries for teachers and provide more funding for its school district. Cecil Brininstool, the director of research and testing, interpreted the training and experience index as allowing teachers to carry over their additional credit hours (interim credit hours) upon earning a higher degree. For example, if a teacher had a training-and-experience-index classification of a bachelor’s degree plus 45 credit hours and that teacher subsequently earned a master’s degree, not using any of the interim credit hours toward the master’s degree, the teacher would retain the interim credit hours. Thus, the teacher’s training-and-experience-index classification would become a master’s degree plus 45 credit hours. This new, higher classification would increase the funding the school district received each year and increase the teacher’s salary.

{5} This interpretation of the training and experience index was incorporated into Carlsbad’s salary schedule for 1990-91. In the spring of 1990, Carlsbad informed the Department’s associate superintendent for school management, Stan Rounds, of its plan.

The Manual and Waivers

{6} In October 1990, pursuant to Section 22-8-24(0), the State Superintendent, with approval of the State Board, promulgated and published instructions for calculating the training and experience index (the manual). The manual prohibited school districts from interpreting the training and experience index in the manner that Carlsbad had proposed. Under the guidelines of the manual, teachers could not carry over their interim credit hours after earning a higher degree.

{7} As part of the manual, the State Superintendent implemented a waiver policy. The State Superintendent set up the waiver policy to reduce the financial impact of the training and experience schedule on those schools that had adopted an interpretation of the training and experience index different from the interpretation in the manual. Schools that were already using an alternative interpretation could continue to do so regarding those teachers that the school district already employed. Newly hired teachers were those affected by the manual. According to the testimony of Assistant Superintendent Susan Brown of the Department, to qualify for the waiver, the school district had to show that “(1) the district had, in good faith, a policy that the district believed was in compliance with the [training and experience] statute, (2) the policy was in place before the manual was published, and (3) the policy was reasonable.” Carlsbad applied for and obtained a waiver. Carlsbad promulgated a personnel policy that it would pay in accordance with its approach “as. long as the credit is allowed by the State [training and experience] funding formula.”

Termination of Waivers

{8} On November 30, and December 1, 1993, the State Board conducted its regular meeting. At this meeting the State Board considered recommendations by the training and experience task force and by the Department staff regarding the termination of waivers. The State Board decided that all of the waivers should expire by December 1, 1994. Later, the State Board extended the date of termination to December 1, 1995. The termination of waivers had a prospective effect in that the Department calculates the training and experience index for each school district for the next year based on the current year’s October payroll. See § 22-8-25(D)(4). Therefore, the first school year to be affected by the termination of waivers was the 1997-98 school year when the October 1996 payroll was used to determine the training and experience index for the 1997-98 school year.

{9} In 1997, the State Legislature amended the school funding formula and passed the Education Appropriation Act. The State Legislature designed the Act to ensure that no school district received less funding than it had in the previous year.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 NMCA 156, 993 P.2d 112, 128 N.M. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-for-the-carlsbad-municipal-schools-v-new-mexico-state-nmctapp-1999.