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Arroyo v. Board of Education of Howard County6/10/2004
the Education Article implicitly indicates that it is meant to grant primary jurisdiction to a board of education in questions involving controversies and disputes that arise under the provisions of the Education Article, and, we have so held in the past. See, e.g., Board of Education for Dorchester County v. Hubbard, 305 Md. 774, 506 A.2d 625 (1986) (where there were issues involving grievances about teacher certifications and class sizes and exhaustion of administrative remedies before the State Board was required before alternative judicial remedy could be adjudicated in a judicial forum). Under ยง 6-202 of the Education Article, such issues are to be addressed at the county level and the decision at this level can thereafter be appealed to the State Board. As this Court stated in Board of Education of Prince George's County v. Waeldner, 298 Md. 354, 360, 470 A.2d 332, 335 (1984):
"The totality of [the Education Article] provisions has been described as a visitatorial power of such comprehensive character as to invest the State Board `with the last word on any matter concerning educational policy or the administration of the system of public education.' Resetar v. State Board of Education, 284 Md. 537, 556, 399 A.2d 225, cert. denied, 444 U.S. 838, 100 S.Ct. 74, 62 L.Ed.2d 49 (1979); Wilson v. Board of Education, 234 Md. 561, 565, 200 A.2d 67 (1964). The broad sweep of the State Board's visitatorial power has been consistently recognized and applied since the principle was first enunciated in 1879 in Wiley v. School Comm'rs, 51 Md. 401. See, e.g., Shober v. Cochrane, 53 Md. 544 (1880); Underwood v. School Board, 103 Md. 181, 63 A. 221 (1906); Zantzinger v. Manning, 123 Md. 169, 90 A. 839 (1914); School Commissioners v. Morris, 123 Md. 398, 91 A. 718 (1914); School Com. of Car. Co. v. Breeding, 126 Md. 83, 94 A. 328 (1915)."
[Alteration added.]
In the case sub judice, petitioner was terminated from his employment after the County Board, and later the State Board, found his prolonged absence from work to evidence a "willful neglect of duty." Whether petitioner's actions constituted such grounds for removal was a decision clearly within the jurisdiction of these entities, which acted in their administrative capacities. As such, any alternate judicial remedy sought by petitioner normally would have to be adjudicated subsequent to the exhaustion of his administrative remedies under the Education Article. The real question actually presented in this case is when, for limitations purposes, are administrative decisions deemed final - when the final administrative decision is made or when a judicial review of that final administrative decision is completed?
B. Final Administrative Decision
We do not agree with petitioner's claim that his administrative remedies continued all the way through the resolution of his petition for judicial review in the circuit court and his subsequent appeal to the Court of Special Appeals, and his claim that he was "required" to follow through with petitioning for judicial review in the circuit court and appealing that court's decision to the intermediate appellate court before filing his instant tort action for wrongful termination. This Court has had the opportunity to examine the exhaustion of administrative remedies in the context of administrative decisions and appeals under the Education Article, as well as under other types of administrative actions, and we have never said, or meant to say, that an exhaustion of administrative remedies in cases such as the one sub judice does not occur until after a final decision has been made in the judicial forum as opposed to a final decision in the administrative forum.
In B
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