Dodd v. Meno

870 S.W.2d 4, 1994 WL 6718
CourtTexas Supreme Court
DecidedMarch 9, 1994
DocketD-3633
StatusPublished
Cited by135 cases

This text of 870 S.W.2d 4 (Dodd v. Meno) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodd v. Meno, 870 S.W.2d 4, 1994 WL 6718 (Tex. 1994).

Opinions

PHILLIPS, Chief Justice,

delivered the opinion of the Court,

joined by GONZALEZ, HECHT, CORNYN, and ENOCH, Justices.

The question in this ease is whether a school nurse is a “teacher” within the meaning of the Term Contract Nonrenewal Act (TCNA), Tex.Educ.Code §§ 21.201-.211, and thereby entitled to the protections conferred by that statute. We conclude that the Legislature did not intend the TCNA to apply to school nurses, and we therefore affirm the judgment of the court of appeals.

Petitioner Doris Dodd was employed as a full-time school nurse by the Wink-Loving Independent School District under a contract that expired at the end of the 1987-88 school year. By a letter dated March 16, 1988, the board of trustees of the school district notified her of its decision not to employ her for the upcoming year. The letter did not offer any explanation for the decision. Furthermore, the board denied Dodd’s request for a healing on her nonrenewal.

Dodd perfected an appeal to the Commissioner of Education, who considered the case on a joint stipulation of facts and cross-motions for summary judgment. The Commissioner concluded that Dodd was not a “teacher” under the TCNA and denied the appeal. The district court affirmed, as did the court of appeals. 857 S.W.2d 575.

The TCNA provides for automatic renewal of a teacher’s term contract unless the school district complies with certain statutory prerequisites. On or before April 1 preceding the end of the employment term, the school board must give written notice of the proposed nonrenewal, including a statement of reasons for the action. Id. § 21.204(a), (c). On request by the teacher within ten days, the board must provide a hearing. Id. § 21.-205. This Court recently held that the TCNA gives teachers a constitutionally protected property interest in continued employment. Grounds v. Tolar Independent School District, 856 S.W.2d 417 (Tex.1993). It is clear that the school district did not furnish the procedural safeguards required by the TCNA. Thus, if Dodd is entitled to the statute’s protections, her appeal should have been allowed.

The TCNA’s protections apply only to an employee who is a “teacher,” defined therein as “a superintendent, principal, supervisor, classroom teacher, counselor, or other full-time professional employee, except paraprofessional personnel, who is required to hold a valid certificate or teaching permit.” Tex. Educ.Code § 21.201(1) (emphasis added). The regulations of the State Board of Education, however, require that a school nurse hold either a “provisional school nurse certificate” issued by the State Board of Education or have a “current registration with the Texas State Board of Nurse Examiners.” Tex.Educ.Ageney, 19 TexAdmin.Code [6]*6§ 141.249 (West Apr. 1, 1992).1 To receive a provisional school nurse certificate, the individual must have a current registration with the Texas State Board of Nurse Examiners. Id. Thus, all school nurses must hold a current registration with the Board of Nurse Examiners, but not all must have a provisional school nurse certificate.

A provisional school nurse certificate is a type of teaching certificate. See Tex.Educ.Agency, 19 Tex.Admin.Code § 141.2(1) and (2) (West Apr. 1, 1992). The fact that the State Board regulations make it possible for a school nurse to obtain a certificate, however, is not the same as requiring all school nurses to hold such a certificate. The parties to this case stipulated that “[p]e-titioner holds no teaching permit or certificate and none was required by the Wink-Loving School District for the position of school nurse.”

Dodd nevertheless claims that because section 141.249 of the State Board of Education regulations allow her “current registration with the Texas State Board of Nurse Examiners” to act as an alternative to a certificate, she falls within the definition of a “teacher” as set forth in Tex.Educ.Code § 21.201(1). Since the phrase “teaching” modifies only “permit” and not “certificate” in § 21.201(1), she claims that her registration with the State Board of Nurse Examiners is a certificate within the meaning of “valid certificate or teaching permit.” We disagree.

The licensure of nurses is separate from the certification described in 19 TexAd-min.Code ch. 141 and serves different purposes. All of the certificates described in Chapter 141 entail academic prerequisites, and most types of teacher certificates also require professional development in the form of classroom teaching experience or other in-sehool experience. The clear purpose is to ensure a certain background or level of experience for all teachers and related professionals which will be relevant to their work in the schools. Thus, the provisional school nurse certificate requires not only a bachelor’s degree and current registration with the Texas State Board of Nurse Examiners, but also requires satisfactory completion of a course or certification examination in federal and Texas constitutions and satisfactory completion of six semester hours in American history. In contrast, the nursing regulations require an applicant to have graduated from an accredited nursing program and passed the National Council Licensure Examination for Registered Nurses. Their evident purpose is to ensure the medical competence and training of those persons serving as nurses in the State.

Furthermore, the definition of “teacher” in section 21.201(1) is virtually identical to that in the subchapter of the Education Code regarding Teachers’ Professional Practices, which defines a teacher as “a superintendent, principal, supervisor, classroom teacher, counselor, or other professional employee who is required to hold a valid certificate or teaching certificate.” Tex.Educ.Code § 13.-202(1). It seems clear that “certificate” in section 13.202(1) refers to a certificate issued by the Central Education Agency, since the penalty authorized in that subchapter for violations of the ethical code or standards is “suspension or revocation of the teaching certificate of the member.” Tex.Educ.Code § 13.211. See Hightower v. State Commissioner of Education, 778 S.W.2d 595, 598 (Tex.App.—Austin 1989, no writ). If the phrase “valid certificate or teaching permit” is to be construed harmoniously in both sections, then it cannot apply to a nursing license, and therefore, a school nurse cannot be a “teacher” within the meaning of that term in Tex.Educ.Code. § 21.201(1).

[7]*7Finally, this case involves a review of an administrative decision of the Commissioner of Education. As we recently noted in Tarrant Appraisal District v. Moore, 845 S.W.2d 820

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870 S.W.2d 4, 1994 WL 6718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodd-v-meno-tex-1994.