Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 46-4859

February 23, 1946

BY: C. C. McCULLOH, Attorney General

TO: Mrs. Georgia L. Lusk Superintendent of Public Instruction Department of Education Santa Fe, New Mexico

{*192} We are in receipt of your letter of February 4, 1946, in which you state that the public schools in Santa Rosa employed a teacher three years ago; that such teacher is now 63 years of age. The problem the board is now confronted with is that if such teacher is given a contract next year, she will have acquired permanent tenure and would not be subject to retirement until she is 75.

I have examined the teacher tenure act with care and do not find any limitation on the rights of a teacher who has acquired tenure, no matter how old.

It is therefore my opinion that the mere age of a teacher would not take from her the rights given by the teacher tenure act.

However, age itself might be cause for refusal to renew the contract. Further, the retirement for disability could be invoked before the fifteen years were up.

By ROBERT W. WARD,

Asst. Atty. General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.