Latham v. STATE, DEPARTMENT OF EDUCATION

355 A.2d 400, 116 R.I. 245, 1976 R.I. LEXIS 1272
CourtSupreme Court of Rhode Island
DecidedApril 7, 1976
Docket74-20-Appeal
StatusPublished
Cited by13 cases

This text of 355 A.2d 400 (Latham v. STATE, DEPARTMENT OF EDUCATION) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Latham v. STATE, DEPARTMENT OF EDUCATION, 355 A.2d 400, 116 R.I. 245, 1976 R.I. LEXIS 1272 (R.I. 1976).

Opinion

*246 Doris, J.

This is an appeal from a Superior Court judgment dismissing the plaintiff’s appeal from a decision of the Board of Regents for Education. The Board of Regents had upheld a decision of the Commissioner of Education in which he had upheld a decision of the North Kingstown School Committee not to renew the teaching contract of the plaintiff for the 1971-72 school year.

The cause was heard on an agreed statement of facts by a Superior Court justice, the pertinent portions of which are as follows: The town of North Kingstown had employed plaintiff, Vera M. Latham, as a nontenured teacher for the school year 1970-71. On or about February 24, 1971, the North Kingstown School Committee notified plaintiff that her contract would not be renewed for the 1971-72 school year. The plaintiff then requested a hearing and a statement of causes pursuant to G. L. 1956 (1969 Reenactment) §16-13-4. After hearing, the school committee reaffirmed its decision not to renew plaintiff’s contract for the 1971-72 school year. Thereafter, plaintiff appealed to the Commissioner of Education who denied her appeal on September 28, 1971. The plaintiff then appealed to the Board of Regents which on May 3, 1973, denied the appeal. On August 16, 1973, plaintiff filed her appeal from the decision of the Board of Regents to the Superior Court.

After the appeal to the Superior Court, the North Kingstown School Committee intervened as a party defendant and filed a motion to dismiss the appeal on the ground that the appeal from the decision of the Board of Regents is governed by §42-35-15 (b), the Administrative Procedures Act, and that since it was filed more than 30 days following the decision of the Board of Regents, the Superior Court was without jurisdiction to hear the appeal.

*247 The Superior Court justice citing Jacob v. Burke, 110 R. I. 661, 296 A.2d 456 (1972), ruled that any teacher, whether tenured or nontenured, after exhausting administrative review has an express right to judicial review in the Superior Court under the provisions of §16-13-4.

The Superior Court justice then stated that since §16-13-4 is not specifically exempt from the operation of chapter 35 of title 42 the appeal period set forth in §42-35-15 (b) is applicable in this case. The trial justice then concluded that plaintiff’s appeal was not filed within the limit stated for appeal in §42-35-15 (b) and granted defendant’s motion to dismiss the appeal.

The defendant contends that the provisions of the Administrative Procedures Act, including the 30-day period within which to appeal from agency decisions, is applicable to tenured and nontenured teachers notwithstanding that chapter 49 of title 16 is excluded from the application of the Administrative Procedures Act. He argues that in 1969 when the Legislature amended section 18 of the Administrative Procedures Act by providing that chapter 49 of title 16 would not be subject to the Act it did not exempt the Board of Regents itself from its provisions but only those functions of the Board that are governed by chapter 49. The defendant further argues that §16-13-4, under which plaintiff’s appeal to the Superior Court is filed is not specifically exempted by chapter 49 and, therefore, the 30-day appeal period set out in §42-35-15(b) is applicable to plaintiff’s appeal.

The plaintiff argues that §16-49-12 (formerly §16-49-15) expressly exempts decisions of the Board of Regents from judicial review under the Administrative Procedures Act and that under Jacob v. Burke, supra, all decisions of the Board of Regents are exempt from appeal under the Administrative Procedures Act, but that in those cases involving tenured teachers dismissed for cause or non *248 tenured teachers whose contracts are not renewed, there is an express right of appeal to the Superior Court under §16-13-4. The plaintiff also argues that by reason of §42-35-18(a)(17), chapter 49 of title 16 creating the Board of Regents is specifically exempted from the provisions of the Administrative Procedures Act.

The trial justice correctly points out that in Jacob v. Burke, supra, we stated that an appeal of a tenured or nontenured teacher from a decision of the Board of Regents is properly governed by §16-13-4, and also that as a precondition to taking such an appeal, plaintiff must have exhausted all available remedies within the particular administrative agency.

The trial justice, however, was of the opinion that such a procedure applies to all administrative agencies and is applicable to the instant controversy since §16-13-4 does not set forth any time limits for the filing of an appeal. The Superior Court justice was of the opinion that if it was the intention of the Legislature to exempt chapter 13 of title 16 then it would have so stated specifically in §42-35-18(a), and that if the provisions of the Administrative Procedures Act do not apply to §16-13-4, as urged by plaintiff, then the statute lacks any definite period within which an appeal might be taken, which appeared to her to be a doubtful intention by the Legislature. The Superior Court justice ruled the Administrative Procedures Act, including the 30-day appeal period, applicable to the present controversy and granted defendant’s motion to dismiss plaintiff’s appeal.

In the case of Jacob v. Burke, supra, we pointed out that there were two different statutes governing appeals within the Department of Education. We stated that §16-39-2 governed all appeals from local school committee decisions excepting those involving tenured or nontenured teachers which were governed by §16-13-4.

*249 In Jacob we stated:

“The plaintiff, on the other hand, correctly points out that said 1969 reorganization act, specifically §16-49-15 * , expressly exempts decisions of the board of regents from judicial review under the provisions of the Administrative Procedures Act.” (Emphasis added.) Id. at 668, 296 A.2d at 460.

We further said:

“Specifically, whereas the former ‘department of education’ consisted of a commissioner of education and a board of education, the reorganized department consists of a commissioner of education and a board of regents. However, the effect of the reorganization was not to eliminate administrative review within the agency for teachers who have been dismissed for cause or whose contracts have not been renewed. Rather, the administrative review for such teachers is identical to that of any other person aggrieved. Having exhausted such administrative review, however, tenured teachers dismissed for cause, or nontenured teachers whose contracts are not renewed, unlike all other persons aggrieved by the decision of a local school board, have an express right to judicial review in the Superior Court. Id. at 670-71, 296 A.2d at 461.

We reaffirm what we pointed out in Jacob,

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Bluebook (online)
355 A.2d 400, 116 R.I. 245, 1976 R.I. LEXIS 1272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latham-v-state-department-of-education-ri-1976.