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AGUILERA v. BOARD OF EDUC.

No. 23895.

114 P.3d 322 (2005)

137 N.M. 642

2005-NMCA-069

Cari I. AGUILERA, Plaintiff-Appellant, v. BOARD OF EDUCATION, Hatch Valley Public Schools, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted June 2, 2005.

Attorney(s) appearing for the Case

William L. Lutz, Martin, Lutz, Roggow, Hosford & Eubanks, P.C., Las Cruces, for Appellant.

Robert D. Castille, Castille & Ortiz, LLC, Los Alamos, for Appellee.

Certiorari Granted, 29,190, June 2, 2005.

OPINION

VIGIL, J.

{1} This case requires us to decide whether a school board can discharge a certified school teacher before her current employment contract expires solely because of a reduction in force (RIF). We hold that it cannot because a RIF is not "just cause" to discharge a teacher under the existing statutory scheme. We therefore reverse the arbitrator's decision and remand for proceedings consistent...

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