Gretzinger v. State Board of Education

328 N.W.2d 544, 121 Mich. App. 247
CourtMichigan Court of Appeals
DecidedOctober 2, 1981
DocketDocket No. 53936
StatusPublished

This text of 328 N.W.2d 544 (Gretzinger v. State Board of Education) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gretzinger v. State Board of Education, 328 N.W.2d 544, 121 Mich. App. 247 (Mich. Ct. App. 1981).

Opinion

Per Curiam.

Plaintiff, John H. Gretzinger, Jr., requested that defendant, State Board of Education, issue a declaratory ruling on questions regarding teacher certification requirements for intermediate school district superintendents. After receiving an adverse ruling, plaintiff appealed to the Ingham County Circuit Court, which issued an order amending a portion of defendant’s ruling. The circuit court judge subsequently denied a motion brought by plaintiff for clarification of the earlier order. Plaintiff appeals as of right.

In May of 1974, plaintiff was hired as superintendent of the Crawford, Oscoda, Ogemaw, and Roscommon (COOR) Intermediate School District. Prior to that time, plaintiff held various adminis[249]*249trative positions with COOR Intermediate School District.

MCL 380.651(b); MSA 15.651(b) requires that an intermediate school superintendent have a "teacher’s certificate”. There was some question as to whether plaintiff met this requirement. Consequently, in December of 1978, plaintiff was relieved of his duties as an intermediate superintendent, pending clarification of his certification status.

In April, 1979, plaintiff sought a declaratory ruling from defendant on two questions. First, he requested a determination that annual vocational authorizations for the 1973-1974 and 1974-1975 school years and a state special substitute teaching permit for the 1978-1979 school year, that had been issued to the COOR Intermediate School District on his behalf, be considered "teacher’s certificates” within the meaning of MCL 380.651(b); MSA 15.4651(b). Second, he requested a determination that his prior administrative experience be considered as equivalent to 15 quarter hours of directed teaching required to obtain a secondary provisional certificate under a curriculum in which he was enrolled at Michigan State University.

Defendant adopted the following declaratory rulings:

"A. The terms 'certificate’ as contained in Section 651 of P.A. 1976 means a Provisional, Permanent, Continuing and Thirty Hour Continuing certificates and does not include State Special Permits and Vocational Authorizations.
"B. Administrative experience shall not be considered equivalent to meeting the directed teaching requirements of Administrative Rule 390.1123.”

[250]*250On June 28, 1979, plaintiff appealed the declaratory ruling to the Ingham County Circuit Court. On January 4, 1980, prior to a ruling by the circuit court on the appeal, plaintiff was issued a secondary provisional certificate by the State Board of Education. On January 23, 1980, the COOR Board of Education restored plaintiff to his duties as intermediate superintendent.

Subsequently, defendant moved for accelerated judgment in Ingham County Circuit Court, contending that issuance of the secondary provisional certificate on January 4, 1980, rendered the case moot and deprived the court of jurisdiction to review the declaratory ruling. This motion for accelerated judgment was denied.

On June 15, 1980, the Ingham County Circuit Court issued an opinion and order. The trial court cited language in defendant’s brief which stated that plaintiff’s administrative experience can apply toward the three-year successful-teaching requirement plaintiff must acquire to obtain a state continuing certificate. The court held that defendant was bound by this language and, accordingly, modified the declaratory ruling by adding the following paragraph to it:

"Where an administrator is required to possess a teacher’s certificate, administrative experience may be applied toward the three-year successful teaching requirement necessary to obtain a continuing certificate.”

The court’s opinion went on to state that the matter before it appeared to be technically moot. However, the court expressed the opinion that declaratory ruling A, which interprets the term "teacher’s certificate” as used in MCL 380.651(b); MSA 15.4651(b), was erroneous. However, the [251]*251court did not modify that portion of the declaratory ruling.

Subsequently, plaintiff moved for clarification of the June 15, 1980, opinion and order to have declaratory ruling A modified in accordance with that opinion. On August 29, 1980, the trial court entered an opinion and order denying the motion for clarification. Plaintiff appeals from this order.

On appeal, plaintiff contends that he continues to be aggrieved by declaratory ruling A and, therefore, the trial court erred in refusing to modify this portion of the declaratory ruling in accordance with its June 15, 1980, opinion. We agree that plaintiff continues to be aggrieved by the trial court’s refusal to modify declaratory ruling A, as that ruling continues to have a direct effect on a "legally protected interest” of plaintiff, i.e., his status as superintendent of the COOR Intermediate School District.1

While it is true that plaintiff now possesses a secondary provisional certificate and will be eligible for a continuing certificate and tenure after three additional years of administrative experience, he is still adversely affected by the ruling that the term "certificate”, as used in MCL 380.651(b); MSA 15.4651(b), does not include state special permits and vocational authorizations. If the term "certificate” did include such permits and authorizations, plaintiff could currently claim credit toward tenure based on the annual vocational authorizations and the state special substitute teaching permit which were earlier issued to the COOR Intermediate School District.

We find that the trial court erred in refusing to [252]*252modify declaratory ruling A to conform with its June 15, 1980, opinion based on its belief that plaintiff was no longer aggrieved by that declaratory ruling. Nevertheless, it is not necessary for us to reverse its decision, as we find that declaratory ruling A was not erroneous.

MCL 380.1531(1); MSA 15.41531(1) provides:

"The state board shall determine the requirements for and issue all licenses and certificates for teachers, including preprimary teachers, and the requirements for an endorsement of teachers as qualified counselors in the public schools of the state.”

A similar provision is included in the teachers tenure act,2 MCL 38.72; MSA 15.1972, specifically providing:

"The term 'certificated’ shall be as defined by the state board of education.”

In ruling that the vocational authorizations and the state special permit issued to the COOR Intermediate School District on plaintiffs behalf were not "teacher’s certificates” for purposes of MCL 380.651(b); MSA 15.4651(b), which requires that an intermediate school superintendent possess a teacher’s certificate, defendant correctly notes that such authorizations and permits are not identified as certificates in the administrative rules. Furthermore, defendant notes that the requirements and validity of these authorizations and permits are substantially different from those of the teacher certificates identified in the rules.3

Indeed, persons teaching under these authoriza[253]*253tions and permits are not required to have completed a professional teacher education program.

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Bluebook (online)
328 N.W.2d 544, 121 Mich. App. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gretzinger-v-state-board-of-education-michctapp-1981.