Ferreira v. Bedford School District

584 A.2d 182, 133 N.H. 785, 1990 N.H. LEXIS 126
CourtSupreme Court of New Hampshire
DecidedDecember 31, 1990
DocketNo. 90-120
StatusPublished

This text of 584 A.2d 182 (Ferreira v. Bedford School District) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferreira v. Bedford School District, 584 A.2d 182, 133 N.H. 785, 1990 N.H. LEXIS 126 (N.H. 1990).

Opinion

JOHNSON, J.

The plaintiff, Lois Ferreira, appeals an order of the Superior Court (Murphy, J.) granting the defendant’s motion to dismiss. The issue in this case is whether RSA 189:14-a, providing protections to certain teachers in the event of contract nonrenewal, applies to school nurses. We hold that it does not, and therefore affirm.

Ferreira began working for the defendant, Bedford School District (the district), as an elementary school nurse in 1979. At that time, she was certified as a school nurse by the New Hampshire Department of Education (now the board of education), and was also licensed as a nurse by the New Hampshire Board of Nurse Education and Nurse Registration (now the board of nursing). At the time of this litigation, she was still both .licensed by the board of nursing and certified by the board of education.

The district employed Ferreira as a school nurse for ten years. During those years she performed the traditional duties of a school [787]*787nurse; i.e., tending to the health of the elementary school children. In addition, she occasionally instructed the students on health matters. In an affidavit, she described this aspect of her job as consisting of

“one-on-one instruction and follow-up with students on first-aid and wellness which is individual health education; at the request of classroom teachers, instruction in the classroom on wellness, personal hygiene and the digestive system as required in the third grade curriculum; with the approval of the school district, instruction at a school-wide assembly and individual classroom follow-up regarding the special problems faced by ‘latch-key’ children; instruction in cancer prevention; working with the physical education instructor to educate students on relevant health safety issues; specific day-to-day instruction and follow-up with coded children on hygiene, wellness and self-catheterization; parent conferences, both in person and over the telephone; and other periodic teaching of students as necessary and required. I also assisted teachers in preparing health lessons for their classes, and participated along with other professional staff in Building Evaluation Team meetings required for special education students.”

On May 12, 1989, the district notified Ferreira that it would not renew her employment contract. In doing so, the district did not follow the provisions of RSA 189:14-a. This statute reads, in pertinent part:

“I. (a) Any teacher who has a professional standards certificate from the state board of education and who has taught for one or more years in the same school district shall be notified in writing on or before March 31 if he is not to be renominated or reelected.
(b) Any such teacher who has taught for 3 consecutive years or more in the same school district and who has been so notified may request in writing within 10 days of receipt of said notice a hearing before the school board and may in said request ask for reasons for failure to be renominated or reelected. . . . The notice to such teacher shall advise the teacher of all of his rights under this section. The school board, upon receipt of said request, shall provide for a hearing on the request to be held within 15 days. The school board shall issue its decision in writing within 15 days of the close of the hearing.”

[788]*788(Emphasis added.) Ferreira responded to the district’s action by filing a petition for a preliminary injunction and for declaratory relief. She asked the court to: (1) declare that the provisions of RSA 189:14-a concerning early notification of nonrenewal and the right to a hearing apply to the nonrenewal of her particular contract; (2) declare that the district violated RSA 189:14-a; (3) require the district to offer her a contract for the coming year (1989-1990); and (4) enjoin the district from hiring another school nurse to replace her. The district filed an answer to Ferreira’s petition and a motion to dismiss for failure to state a claim upon which relief may be granted.

The superior court granted the district’s motion to dismiss, finding and ruling that Ferreira could not avail herself of the procedural protections afforded teachers under RSA 189:14-a. In determining that the statute does not apply to Ferreira’s situation, the court relied on New Hampshire Administrative Rule, Ed 201.01 (hereinafter “Ed 201.01”), defining the term “teacher.”

“‘Teacher’ means any professional employee of any school district whose position requires certification by the state board [of education] as a professional engaged in teaching. Principals, assistant principals, librarians, and guidance counselors are also included within the definition of this term.”

Ruling that Ferreira was neither required to be certified by the board of education as a school nurse, nor a professional engaged in teaching, the superior court decided that the provisions of RSA 189:14-a did not apply to the nonrenewal of her contract. In addition, the court ruled that Ferreira’s due process rights were not violated because she had no protected property interest in employment by the district. Ferreira filed a motion for reconsideration, but the court denied it. This appeal followed.

“On an appeal from an order granting a motion to dismiss, ‘the only issue raised is whether the allegations are reasonably susceptible of a construction that would permit recovery.’” Collectramatic, Inc. v. Kentucky Fried Chicken Corp., 127 N.H. 318, 320, 499 A.2d 999, 1000 (1985) (citation omitted). We “assume the truth of both the facts alleged in the plaintiff’s pleadings and all reasonable inferences therefrom as construed most favorably to the plaintiff.” Id. The issue thus becomes “whether the facts as pled are sufficient under the law to constitute a cause of action.” Jay Edwards, Inc. v. Baker, 130 N.H. 41, 44, 534 A.2d 706, 708 (1987). We hold that the [789]*789facts alleged by the plaintiff are not sufficient to constitute a cause of action, and we therefore affirm.

To determine whether Ferreira can take advantage of the provisions of RSA 189:14-a, we must decide whether a school nurse is a teacher. The statute does not define the term, and so we turn to Ed 201.01 (quoted above) for guidance, as did both the court below in this case and this court in Littky v. Winchester School District, 129 N.H. 626, 629, 529 A.2d 399, 401-02 (1987). In Littky we held that, “in the absence of any clear legislative intent to the contrary, application of the administrative definition [Ed 201.01] is appropriate . . . .” Id. at 629, 529 A.2d at 402. Because the legislature has not amended RSA 189:14-a since our decision in Littky, we will assume that Ed 201.01 embodies the legislature’s intent and defines “teacher” as it is used in RSA 189:14-a.

In order to find Ferreira to be a “teacher,” as defined in Ed 201.01, we must find that (1), as a school nurse, she was a professional engaged in teaching; and (2) her position required certification by the board of education.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Collectramatic, Inc. v. Kentucky Fried Chicken Corp.
499 A.2d 999 (Supreme Court of New Hampshire, 1985)
Littky v. Winchester School District
529 A.2d 399 (Supreme Court of New Hampshire, 1987)
Jay Edwards, Inc. v. Baker
534 A.2d 706 (Supreme Court of New Hampshire, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
584 A.2d 182, 133 N.H. 785, 1990 N.H. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferreira-v-bedford-school-district-nh-1990.