Timberlane Regional Ed. Ass'n v. State
| Decision Date | 28 February 1975 |
| Docket Number | No. 6976,6976 |
| Citation | 115 N.H. 77,333 A.2d 713 |
| Parties | , 88 L.R.R.M. (BNA) 3099, 76 Lab.Cas. P 53,654 TIMBERLANE REGIONAL EDUCATION ASSOCIATION et al. v. STATE of New Hampshire et al. |
| Court | New Hampshire Supreme Court |
McLane, Graf, Greene, Raulerson & Middleton, Manchester (Jack B. Middleton, Bruce W. Felmly, Manchester, orally) for plaintiffs.
Warren B. Rudman, Atty. Gen., and Roger G. Burlingame, Asst. Atty. Gen., for defendants.
This is another facet of the contract dispute and strike in the Timberlane Regional School District which this court has previously dealt with in Timberlane Regional School District v. Timberlane Regional Education Association, 114 N.H. 245, 317 A.2d 555 (1974); Timberlane Regional Education Association v. Crompton, 114 N.H. 315, 319 A.2d 632 (1974); and Farrelly v. Timberlane Regional School District, 114 N.H. 560, 324 A.2d 723 (1974).
Plaintiffs seek declaratory and injunctive relief asking invalidation of a regulation adopted by the State board of education on March 14, 1973, relative to revocation of teaching certificates and seeking injunctive relief to prevent the State board of education from revoking the teaching certificates of any of the members of the plaintiff association pursuant to the regulation. The regulation authorized the revocation of the teaching certificate of any teacher 'who knowingly or willfully or for any reason denies the spirit and intent of the 'in force' teaching contract and thus causes a disruption of the normal education processes . . ..' The Trial Court (Johnson, J.) on April 9, 1974, temporarily enjoined the defendants from revoking any of the teaching certificates of plaintiffs' members or conducting any hearings relative to the revocation of teaching certificates. Defendants' exceptions to the restraining order was reserved and transferred by the trial court.
Subsequent to the docketing of the case in this court and prior to oral argument, the State board of education, at its regular meeting on November 20, 1974, declared unequivocally that it would not commence any decertification proceedings against either the present or former members of the Timberlane Regional Education Association. We were informed by counsel after oral argument that on December 18, 1974, the State board of education rescinded the 'Revocation of Teacher Certificates' regulation. We have since been informed by counsel for the defendants that the regulation was reenacted in slightly different form providing for suspension rather than revocation of a teacher's...
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