Board of Education v. Department of Education

503 A.2d 1147, 198 Conn. 445, 1986 Conn. LEXIS 705
CourtSupreme Court of Connecticut
DecidedJanuary 28, 1986
Docket12349; 12350
StatusPublished
Cited by8 cases

This text of 503 A.2d 1147 (Board of Education v. Department of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Department of Education, 503 A.2d 1147, 198 Conn. 445, 1986 Conn. LEXIS 705 (Colo. 1986).

Opinion

Arthur H. Healey, J.

The sole issue on appeal in this case, which involves the question of entitlement to special education benefits, is whether a hearing officer, appointed pursuant to General Statutes § 10-76h (c),1 [447]*447is required to be named and served as a defendant in a subsequent appeal to the Superior Court, under General Statutes §§ 4-183 (b)2 and 10-76h (e)3.

This is a consolidated appeal of two cases4 with essentially identical facts. Each case involves a child residing in the town of Fairfield who was in need of special education within the meaning of General Statutes § 10-76a et seq. Each child was enrolled in a residential special education program outside Fairfield. In each case, the plaintiff board of education of the town of Fairfield (hereinafter, the town) contested its obligation to pay for the programs, in whole or in part. In each case, pursuant to General Statutes § 10-76h (c) [448]*448and the Regulations of Connecticut State Agencies § 10-76h-l (e) et seq., the named defendant, the state department of education (hereinafter the department), appointed a hearing board consisting of one hearing officer. Each case was heard by a different hearing officer who constituted the hearing board. Each hearing officer ruled against the town, holding that the town was responsible for the educational costs of each child’s placement in a residential facility outside Fairfield. An administrative appeal was filed by the plaintiff town in each case pursuant to General Statutes §§ 10-76h and 4-183. The department of education, the parents or guardians of each child, and the attorney general were named as parties in the appeals.

The department filed essentially identical motions to dismiss the appeal in each case on the ground that the plaintiff “failed to name and serve the hearing officer as a defendant as required by Sec. 4-183 (b).”5 The trial court, Driscoll, J., granted the motions to dismiss and, in a memorandum of decision in June, 1982, found that the hearing board was an “agency” under General Statutes § 4-166 (1)6 and, as a result, concluded that General Statutes § 4-183 (b) had not been complied with because the hearing officer had not been served or named as a defendant. The plaintiff town appealed the trial court’s dismissals.

The first appeal, commenced in the Superior Court in September, 1981, was brought by the town to the [449]*449Appellate Session of the Superior Court. The Appellate Session reversed the trial court’s decision in the first appeal and remanded the case with direction to deny the motion to dismiss. Board of Education v. State Department of Education, 39 Conn. Sup. 443, 448, 466 A.2d 343 (1983). The department petitioned this court for review of the Appellate Session’s decision, and the petition was granted in September, 1983. The second appeal, commenced in Superior Court prior to July 1, 1981, is before this court after a petition for certification by the town was granted in September, 1983.

The unusual procedural history of this appeal prompts us to comment on the focus of our review. Ordinarily, in an appeal from the Appellate Court, or in this case the Appellate Session of the Superior Court, after the granting of certification, “the focus of our review is not the actions of the trial court, but the actions of the Appellate Court. We do not hear the appeal de novo.” State v. Torrence, 196 Conn. 430, 433, 493 A.2d 865 (1985); State v. Beckenbach, 198 Conn. 43, 47, 501 A.2d 752 (1985). This consolidated appeal, however, also involves an appeal, upon certification, from the decision of the trial court dismissing the plaintiff’s administrative appeal. Because certification on this consolidated appeal was limited to a specific question; Practice Book § 3154; our review will be limited to the substantive issue as set forth in the petitions for certification and as set out above.

The Appellate Session’s decision in favor of the plaintiff town held that the hearing officer or board is “merely the instrumentality of the department [of education] to hear a particular case” and that the department is the agency for purposes of the Uniform Administrative Procedure Act (UAPA). Thus, it was unnecessary to name and serve the hearing board [450]*450because it is not an “agency” as defined in the UAPA. Board of Education v. State Department of Education, supra, 449. We agree.

“The legislature has delegated to the state board of education the broad and general power to supervise and control the educational interests of the state. General Statutes § 10-4. The department is the administrative arm of the state board of education. General Statutes § 10-3a. Thus, the state board, acting through the department, is the agent for the state in all matters relating to education, including special education. General Statutes §§ 10-76b, 10-76d . . . .” Board of Education v. State Department of Education, supra, 448.

In each of these cases, an administrative hearing at the state level was conducted at the request of a party who was aggrieved by a decision of the plaintiff town regarding an individualized educational program for a special education student. General Statutes § 10-76h (c). The hearing at the state level was conducted by an “impartial hearing board” established by the state board of education. Appeals from this hearing board “shall be taken in the manner set forth in section 4-183.” General Statutes § 10-76h (e).

The Uniform Administrative Procedure Act; General Statutes § 4-183; provides a statutory framework within which an appeal from an administrative agency may be taken. Section 4-183 (b) specifically provides that “[cjopies of the petition [of appeal] shall be served upon the agency and all parties of record . . . .’’The trial court, in granting the department’s motions to dismiss, interpreted this provision to require the hearing board to be named and served as a party because it was an “agency” under the UAPA.

The hearing board, established by the department of education, is not an agency for the purpose of taking an appeal under the UAPA. An “agency” is defined [451]*451by General Statutes (Rev. to 1981) § 4-166 (1) as “each state board, commission, department or officer, other than the legislature, courts, judicial review council, governor, lieutenant governor, attorney general or town or regional boards of education, authorized by law to make regulations or to determine contested cases.” Although the language of this statute explicitly sets forth the different entities which do and do not constitute an agency, the determination of whether the hearing officer fits within one of those categories is not clear on the face of the statute. “In construing a statute, common sense must be used, and courts will assume that the legislature intended to accomplish a reasonable and rational result. Norwich Land Co. v. Public Utilities Commission, 170 Conn. 1, 4, 363 A.2d 1386 (1975).” Stoni v. Wasicki,

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Bluebook (online)
503 A.2d 1147, 198 Conn. 445, 1986 Conn. LEXIS 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-department-of-education-conn-1986.