[Download] "Board of Education of City of Albuquerque v. New Mexico State Board of Education" by New Mexico Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Board of Education of City of Albuquerque v. New Mexico State Board of Education
- Author : New Mexico Court of Appeals
- Release Date : January 14, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Catherine Whitman was discharged from her employment as a teacher in the Albuquerque Public School System. After a hearing before the Board of Education of the City of Albuquerque (Local Board), the discharge was sustained. Ms. Whitman appealed to the State Board of Education (State Board), pursuant to § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11, pt. 1, 1968, Supp.1973). A hearing de novo was held before a hearing officer appointed by the State Board. He submitted a detailed narrative of the facts adduced at the hearing to the State Board. The narrative is most favorable to Ms. Whitmans position. However, the hearing officer reluctantly concluded with a recommendation that the Local Boards decision be affirmed because "... the State Board is not allowed the luxury of second-guessing the local administration or local board...." The State Board did not follow the recommendation and reversed the Local Board. The Local Board appeals alleging that the State Boards decision is (1) arbitrary, capricious and unreasonable, (2) not supported by substantial evidence and (3) not made in accordance with law. See § 77-8-17 (J), supra. We affirm.
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