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BOARD OF EDUCATION OF TALBOT CTY. v. HEISTER

No. 56, September Term, 2005.

896 A.2d 342 (2006)

392 Md. 140

BOARD OF EDUCATION OF TALBOT COUNTY, Maryland v. James D. HEISTER, et al.

Court of Appeals of Maryland.

April 13, 2006.

Attorney(s) appearing for the Case

Douglas A. Collison (Kopen & Collison, LLP, Easton, on brief), for appellant.

James R. Whattam (Maryland State Teachers Assn. of Annapolis, on brief), for appellees.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

HARRELL, J.

We consider here whether a contractual provision included in all employment contracts for primary and secondary public school teachers in the State of Maryland (as required specifically by the Code of Maryland Regulations (COMAR)), providing that, in the case of breach, "salary already accrued will be forfeited, in the discretion of the Local Board of Education," is a valid and enforceable liquidated damages clause or an unenforceable penalty.

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