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NANCY SNEAD BEFORE THE Appellant MARYLAND v. STATE BOARD PRINCE GEORGE S COUNTY BOARD OF EDUCATION OF EDUCATION Appellee Opinion No. 04-27 OPINION In this appeal Appellant contests the local board s affirmance of the superintendent s decision to uphold Appellant s overall unsatisfactory rating and the subsequent reclassification of Appellant s teaching certificate to second class thereby denying Appellant a salary increment.

On the other hand, Appellant argues that the local board's finding that no violation of the School Code occurred, based on a review of the materials presented by Appellant, was in violation of the First Amendment. We affirm. I. FACTS An examination of Appellant's teacher certification record, reviewed by the local board, revealed that Appellant had “no teaching credits” as of May 7, 1997, having received only six teaching credits for the previous 12 months. In fact, Appellant's classroom and administrative responsibilities had been limited to supervising other educators at the elementary school and for two school days, on November 13 and November 27, 1996, he supervised another teacher who had not earned any teaching credits during that school year. That teacher had been on an extended leave of absence from his teaching position during fall, winter, and spring semesters. The Local Board found that there was no basis for finding, from “a review of the evidence,” that Appellant's “teaching responsibilities were adequate in terms of classroom instruction and/or his administrative responsibilities.” Nevertheless, the Local Board stated that it felt there was “nothing to indicate” that Appellant was not “in sufficient amount of control in terms of the instructional management and supervision of the classroom.” The Local Board stated that at that time, a “teaching certificate was not an automatic promotion” and that Appellant's “teaching responsibilities had not earned him promotion.” The Local Board also pointed out that after a one-year suspension during the fall, December, and winter semesters, Appellant had “remained employed with no change to his teaching responsibilities and did not earn any teaching credits.” Appellant's teaching record contained a number of deficiencies, but the Local Board did not believe that Appellant's “teaching performance was good enough to warrant a transfer into a different area of the school.” The local board took no further action. II. LEGISLATIVE CLAIMS The Local Board argued on appeal, based on the First Amendment, that any determination of probable cause and the validity of a warrant must be reviewed under a “balancing test” to be applied against the particularized needs of the particular individual, and that such review is subject to “substantial deference.” The Local Board also contended, based on this alleged balancing test, that this case should be reviewed pursuant to “established case and legal precedent” in accordance with Maryland law.

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