19                                      Chapter IV                          RESULTS AND DISCUSSION        This chapter con...
20        report, that the average daily attendance for twenty consecutive days        taught has been less than twenty-fi...
21               concluded that the notice of the meeting at which action was to be               taken was reasonable.   ...
22and other regulations. The revised statute provides the board of education shallhave general control and management of t...
23       children of school age, as shown by the last enumeration, the board of       directors of such school district sh...
24        treasurer in favor of the said teacher for the amount of wages due under        this agreement.        Under thi...
25       the consent of the other party. The board shall have no power to dismiss a       teacher; but should the teachers...
26     1.      The first three years of employment of all teachers and principals     entering the employment of the metro...
27charged may be suspended if the rules of the board so prescribe, but in theevent the board does not by a majority vote o...
28       are available teachers or principals on leave of absence who are seventy       years of age or less and who are a...
29        may consent to maintaining or reopening a school in said district for the        ensuing term. It shall be the d...
30     Iowa to teach covering the same period of time, until such contract shall     have been released, and such other ma...
31       prior to mailing any notice of termination the board or its agent shall       inform the teacher in writing that ...
32     Before being dismissed or transferred to a lower branch of the service or     to a position in a different branch o...
33       shall have full benefit of witnesses and subpoenas issued in blank by and       over the hand of the chairman of ...
34Issue        Can the school directors lawfully dismiss a teacher holding a lifecertificate, where services were no longe...
35funds to continue its educational program at its anticipated level orresulting from the districts elimination of classes...
36       183. (3) At he hearing the permanent teacher shall have the right to be       present and to be heard, to be repr...
37Overview       The teacher entered into a contract with the school district for thirty-twoweeks. A small number of stude...
38     Iowa to teach covering the same period of time, until such contract shall     have been released, and such other ma...
39       prior to mailing any notice of termination the board or its agent shall       inform the teacher in writing that ...
40     106. Rules and regulations as to employment, etc.; contracts of     employment; school month. A board of education ...
41        school district except for inefficiency, incapacity, conduct unbecoming a        teacher or other just cause, an...
42not legally have claimed exemption from such a service. On the other hand, theboard, having assigned her under the writt...
43employment shall be dependent upon and governed by the rules in forcewith reference thereto.18A:28-5. Tenure of teaching...
44Implications for educationAccording to the revised statute, the court probably would still decide in favor ofthe teacher...
45reached a permanent status, and her services were continued during the schoolyear 1932-1933 for the full six periods a d...
46         The Court felt a standing as a permanent teacher is related, not only to thesubject taught, but to the "positio...
47              the kind of school or schools where the probationary period              passed.       3.     The statute ...
48       before the 15th of May in the manner prescribed in Section 13443, and       services of such employees shall be t...
49       district of this state shall be during good behavior and efficiency, after the       expiration of a period of em...
50operating the schools must be reduced. As a result of this conference, the citycommissioners met with the board of educa...
51such reduction shall be due to a natural diminution of the number of pupils in saidschool district."        In general, ...
52      3.     In general the right to transfer a teacher rests in the sound             discretion of the board of educat...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining...
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Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining Enrollment or Economic Stress in Accordance with the Due Process of Law

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Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining Enrollment or Economic Stress in Accordance with the Due Process of Law

Dr. William Allan Kritsonis earned his PhD from The University of Iowa, Graduate School, College of Education, Iowa City, Iowa.

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Dr. W.A. Kritsonis, Selected Courts: Nonrenewal of Public School Professional Personnel Contracts for Reasons of Declining Enrollment or Economic Stress in Accordance with the Due Process of Law

  1. 1. 19 Chapter IV RESULTS AND DISCUSSION This chapter contains the reports of the actual court cases involving thenonrenewal of public school professional personnel due to declining schoolenrollments or economic stress. Each report contains seven major items ofinformation: (1) statue(s) appropriate to the case, (2) overview of the case, (3) theissue, (4) characteristics of the decision, (5) significant points, (6) revised statute,and (7) implications for education. The sequence of the reports begins with theearliest case and progresses to the more recent. Wheatley v. Division Board of Education of Hancock County, 139 S.W. 969 Kentucky (1911)Statute appropriate to caseSource – Kentucky Statutes 1909, page 2269. 4447. Visitation of school-pupil may be suspended or expelled. The board of trustees shall meet at the schoolhouse on the day of the opening of the school, and at the same place at least once a month thereafter during the session of the school. At each meeting they shall carefully examine the teachers register, and shall consider: (1) The condition of the schoolhouse, furniture, apparatus and surroundings; (2) the work of the school (3) the attendance, and how to increase it; (4) the needs of the school, such as fuel, brooms, buckets, crayons, desks, blackboards, etc. They shall provide for any deficiency that may exist in any of these respects, and see that the teacher performs his duty; they shall see that a sufficient supply of good water is furnished within easy access of the schoolhouse for the benefit of the school during the term of school. Upon complaint of the teacher, in writing, the trustees shall have power, after investigation, to suspend a pupil or expel him from school. When the trustees shall ascertain, by examining a teachers register or monthly
  2. 2. 20 report, that the average daily attendance for twenty consecutive days taught has been less than twenty-five per centum of the total number of pupil children of the district, as shown by the last census, they shall, with the consent of the county superintendent, dismiss the teacher, and employ another teacher to complete the session of the school, unless they shall be satisfied that the decreased attendance was due to such natural causes as high water, extremely inclement weather, epidemics, or unusual sickness in the district.Overview The teacher charged that the members of the board unlawfully andcorruptly conspired together to effect her dismissal, and did unlawfully andwrongfully discharge her. It developed at the trial that the district had a totalenrollment of 94 pupils. The average daily attendance for the four weekspreceding the teachers dismissal was about 12. Prior to this time the attendancewas much less. The teacher was dismissed on Saturday, October 30th. On theevening before, the teacher was notified that the Board would meet for thepurpose of considering the question of her dismissal. When they met on October30th, the teacher was present with her attorney, and there was also an attorneypresent to represent the Board. After the teachers attorney presented theircontentions, the teacher and attorney and all others were asked to leave the room.The Board then entered an order dismissing the teacher and it was approved bythe county superintendent.Issue Can school trustees remove a teacher where the average daily attendancehas declined for a specified period of time?Decision Court decided for the Board.Characteristics of the decision Under 447, all that was necessary is to give a reasonable notice. Theteacher was apprised the evening before the action was taken that the Boardwould meet and consider her case. All that was necessary to be considered wasthe attendance as disclosed by the register, and the further question whether or notthe decreased attendance was due to high water, extremely inclement weather,epidemics, or unusual sickness in the district. The Court concluded that the noticeof the meeting at which action was to be taken was reasonable.Significant points 1. The teacher was appraised the evening before the action was taken that the Board would meet and consider her case. The Court
  3. 3. 21 concluded that the notice of the meeting at which action was to be taken was reasonable. 2. The statute made it perfectly clear that all that was necessary to be considered for the dismissal of the teacher was the school attendance as disclosed by the register.Revised statueSource - Kentucky Revised Statutes, Volume 7, Chapters 146-173, page 313. 160.290. General powers and duties of board. – (1) Each board of education shall have general control and management of the public schools in its district and may establish such schools and provide for such courses and other services as it deems necessary for the promotion of education and the general health and welfare of pupils, consistent with the rules and regulations of the state board of education. Each board shall have control and management of all school funds and all public school property of its district and may use such funds and property to promote public education in such ways as it deems necessary and proper. Each board shall exercise generally all powers in the administration of its public school system, appoint such officers, agents and employees as it deems necessary and proper, prescribe their duties, and fix their compensation and terms of office. (2) Each board shall make and adopt, and may amend or repeal, rules, regulations and bylaws for its meetings and proceedings for the government, regulation and management of the public schools and school property of the district, for the transaction of its business, and for the qualification and employment of teachers and the conduct of pupils. The rules, regulations and bylaws heretofore made by any governing body of a school district, or hereafter made by a board of education, shall be consistent with the general school laws of the state and shall be binding on the board of education and parties dealing with it until amended or repealed by an affirmative vote of three (3) members of the board. The rules, regulations and bylaws shall be spread on the minutes of the board and be open to the public.Implications for education The Boards exercise of authority, if based on a specific statute, generallywill be upheld. The earlier statute was written to cover conditions appropriate to theperiod. It has been revised and is now stated in more general terms. However,the description of board authority with respect to employment issues is still veryinclusive. The statute made it perfectly clear that all that need to be considered forthe dismissal of the teacher was the school attendance as disclosed by the register,
  4. 4. 22and other regulations. The revised statute provides the board of education shallhave general control and management of the public schools in its district and mayestablish such schools and provide for such courses and other services as it deemsnecessary for the promotion of education and the general health and welfare ofpupils, consistent with the rules and regulations of the state board of education.The statute further provides that each board shall exercise generally all powers inthe administration of its public school system and to appoint employees as itdeems necessary and proper, prescribe their duties and fix their compensation.The board may adopt rules, regulations and bylaws for regulation andmanagement of the public schools and for the employment of teachers. The point was argued that some of the members of the Board stated tolocal patrons that they intended to dismiss the teacher and that there was nonecessity for sending their children to the school. The teacher argued this wassufficient to justify the submission of the case to jury on the question of maliceand conspiracy. The court, however, dismissed this evidence emphasizing therewas no evidence to show that the members of the Board conspired together for thepurpose of preventing the patrons from sending their children to the school. Thecourt pointed out that the statute the case was decided on made it the duty of themembers of the board to act when a state of facts such as appeared in the recordwas presented to them. De Hart v. School District No. 39 St. Louis County, 263 S.W. 242 Missouri (1924)Statutes appropriate to caseSource – Revised Statutes, Missouri 1919, Volume III. Sec. 11138. Contract construed. The contract required in the preceding section shall be construed under the general law of contracts, each party thereto being equally bound thereby. Neither party shall suspend or dismiss a teacher under said contract without the consent of the other party. The board shall have no power to dismiss a teacher; but should the teachers certificate be revoked, said contract is thereby annulled. The faithful execution of the rules and regulations furnished by the board shall be considered as part of said contract: Provided, said rules and regulations are furnished to the teacher by the board when the contract is made. Should the teacher fail or refuse to comply with the terms of the contract or to execute the rules and regulations of the board, the board may refuse to pay said teacher – after due notice, in writing, is given by order of the board – until compliance therewith is rendered. Should the schoolhouse be destroyed, the contract becomes void (page 3490). Sec. 11145. Schools for colored children, establishment of. When there are within any school district in this state fifteen or more colored
  5. 5. 23 children of school age, as shown by the last enumeration, the board of directors of such school district shall be and they are hereby authorized and required to establish and maintain within such school district a separate free school for said colored children; and the length of the school term for said colored children, and the advantages and privileges thereof, shall be the same as are provided for other schools of corresponding grade within such school district, and the board of directors shall in all cases conduct, manage and control said school as other schools of the district are conducted, managed and controlled; and all indebtedness incurred by said board of directors in providing suitable buildings, employing teachers and maintaining said school shall be paid for out of the appropriate funds of the district, upon warrants ordered and issued in conformity with the provisions of sections 11222 and 11223: Provided, there be no school building in such school district for said colored children, the board of directors shall be and they are hereby authorized and required to rent suitable buildings and furnish the same, and all expenses necessarily incurred shall be paid out of any funds to the credit of the building or incidental funds of such school district. Should any board of directors neglect or refuse to comply with the provisions of this section, such school district shall be deprived of any part of the public funds for the next ensuing school year: Provided, that in case the average daily attendance of colored children for any one school month shall be less than eight, then said board of directors may discontinue such school for a period not to exceed six months at any one time: Provided, that in cases where two school districts join, and in either or both of said districts the enumeration of colored children of legal school age is less than twenty-five, the boards of directors of such districts may establish a joint colored school in either of said districts, the expense of maintaining said school to be borne by the districts establishing same, in proportion to the number of colored children enumerated in each. The control of said school shall be vested in the board of directors of the district in which the schoolhouse wherein said colored school is maintained is located (page 3493).Overview On July 17, 1930, the teacher was employed by the school board to teachat the school for colored children within the district. The contract was agreed toby both the teacher and the school board and it read as follows: That the said teacher agrees to teach in the public school of said district for the term of eight months, commencing on the 13th day of September, 1920, for the sum of $48 per month, to be paid monthly, and that for services properly rendered and reports correctly made, according to law, said board agrees to issue warrants upon the St. Louis county
  6. 6. 24 treasurer in favor of the said teacher for the amount of wages due under this agreement. Under this contract the teacher taught in the school for colored children inthe district for two school months. During the first month the average dailyattendance was less than one student per day, and during the second month theschool board ordered the school discontinued for the remaining six months of theterm and the teacher sought legal action to recover the salary for the remaining sixmonths.Issue Where a school board discontinued a colored school for lack of attendanceand discharged a teacher hired under contract for eight months, is the teacherentitled to recover wages provided for in contract?Decision Court decided for the board.Characteristics of the decision The main issue in the case is the right of the teacher to recover the wagesprovided for in the contract for the time during which the school was discontinuedby order of the school board. The issue was determined by the revised statues ofMissouri 1919, Section 11145, as follows: When there are within any school district in this state fifteen or more colored children of school age, as shown by the last enumeration, the board of directors of such school district shall be and they are hereby authorized and required to establish and maintain within such school district a separate free school for said colored children; … provided that in case the average daily attendance of colored children for any one school month shall be less than eight, then said board of directors may discontinue such school for a period not to exceed six months at any one time. The discontinuance of the school by the school board was expresslyauthorized by this section, and since its provisions must be read into the contract,such discontinuance of the school was, in legal effect, authorized by the contract. The teacher argued that the authority of the school board in relation to theteachers contract was prescribed by the statue, and was expressly defined andlimited by section 11138, which is as follows: The contract required in the preceding section shall be construed under the general law of contracts, each party thereto being equally bound thereby. Neither party shall suspend or dismiss a school under said contract without
  7. 7. 25 the consent of the other party. The board shall have no power to dismiss a teacher; but should the teachers certificate be revoked, said contract is thereby annulled.… Should the schoolhouse be destroyed, the contract becomes void. The Court expressed that the provisions of section 11138 were of a generaland comprehensive character, and were applicable to all public schools, whereassection 11145 was a special and restricted application, dealing exclusively withschools for colored children. In this case, special provisions must prevail over theprovisions which are of general application. The teacher argued that the school board was authorized to discontinue theschool, they were not authorized to dismiss the teacher and relieve the districtfrom the payment of wages as agreed to under the contract. Section 11138expressly provided that "the board shall have no power to dismiss the teacher."The Court felt the argument was ingenious, but not convincing. The Courtexpressed there can be no school without a teacher. The teacher is an essentialelement to a functioning school. The discontinuance of the school necessarilycontemplated the dismissal of the teacher and the discontinuance ofcompensation. In other words, the discontinuance of the school necessarilycontemplated the discontinuance of performance of the contract.Significant points 1. The discontinuance of the school by the school board was expressly authorized by the section in the School Code, and since its provisions must be read into the contract, such discontinuance of the school was, in legal effect, authorized by the contract. 2. Special provisions prevailed over the provisions which were of general application. 3. The Court expressed there can be no school without a teacher. The teacher is an essential element to a functioning school. The discontinuance of the school necessarily contemplated the dismissal of the teacher and the discontinuance of compensation. In other words, the discontinuance of performance of the contract.Revised statuteSource – Vernons Annotated Missouri Statues, Volume 11, 1975 Pocket Part,pages 127-129. 168.221. Probationary period for teachers and principals – removal of probationary and permanent personnel – hearing – demotions – reduction of personnel (metropolitan districts).
  8. 8. 26 1. The first three years of employment of all teachers and principals entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers and principals shall expire at the end of each school year. During the probationary period any probationary teacher or principal whose work is unsatisfactory shall be furnished by the superintendent of schools with a written statement setting forth the nature of his incompetency. If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher or principal shall be dismissed. The semester granted the probationary teacher or principal in which to improve shall not in any case be a means of prolonging the probationary period beyond three years and six months from the date on which the teacher or principal entered the employ of the board of education. The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers or principals who will not be retained by the school district of the termination of their services. Any probationary teacher or principal who is not so notified shall be deemed to have been appointed for the next school year. 2. After completion of satisfactory probationary services, appointments of teachers and principals shall become permanent, subject to removal for any one or more causes described herein and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system. In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher or substitute principal shall not be included. 3. No teacher or principal whose appointment has become permanent may be removed except for one or more of the following causes: Immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental conditions which incapacitate him for instructing or associating with children, and then only by a vote of not less than a majority of all the members of the board, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present, together with counsel, offering evidence and making defense thereto. Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following. At the request of any person so charged the hearing shall be public. The action and decision of the board upon the charges shall be final. Pending the hearing of the charges, the person
  9. 9. 27charged may be suspended if the rules of the board so prescribe, but in theevent the board does not by a majority vote of all the members remove theteacher or principal upon charges presented by the superintendent, theperson shall not suffer any loss of salary by reason of the suspension.Inefficiency in line of duty is cause for dismissal only after the teacher orprincipal has been notified in writing at least one semester prior to thepresentment of charges against him by the superintendent. Thenotification shall specify the nature of the inefficiency with suchparticularity as to enable the teacher or principal to be informed of thenature of his inefficiency.4. No teacher or principal whose appointment has become permanentshall be demoted nor shall his salary be reduced unless the same procedureis followed as herein stated for the removal of the teacher or principalbecause of inefficiency in line of duty, and any teacher or principal whosesalary is reduced or who is demoted may waive the presentment of chargesagainst him by the superintendent and a hearing thereon by the board. Theforegoing provision shall apply only to permanent teachers and principalsprior to the compulsory retirement age under the retirement system.Nothing herein contained shall in any way restrict or limit the power of theboard of education to make reductions in the number of teachers orprincipals, or both, because of insufficient funds, decrease in pupilenrollment, or abolition of particular subjects or courses of instruction,except that the abolition of particular subjects or courses of instructionshall not cause those teachers who have been teaching the subjects orgiving the courses of instruction to be placed on leave of absence as hereinprovided who are qualified to teach other subjects or courses ofinstruction, if positions are available for the teachers in the other subject orcourses of instruction.5. Whenever it is necessary to decrease the number of teachers orprincipals, or both, because of insufficient funds or a substantial decreaseof pupil population within the school district, the board of education uponrecommendation of the superintendent of schools, may cause thenecessary number of teachers or principals, or both, beginning with thoseserving probationary periods, to be placed on leave of absence withoutpay, but only in the inverse order of their appointment. Nothing hereinstated shall prevent a readjustment by the board of education of existingsalary schedules. No teacher or principal placed on leave of absence shallbe precluded from securing other employment during the period of theleave of absence. Each teacher or principal placed on leave of absenceshall be reinstated in inverse order of his placement on leave of absence.Such reemployment shall not result in a loss of status or credit forprevious years of service. No new appointments shall be made while there
  10. 10. 28 are available teachers or principals on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers or principals fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools. 6. If any regulation which deals with the promotion of either teachers or principals, or both, is amended by increasing the qualifications necessary to be met before a teacher or principal is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers or principals may become qualified for promotion under the regulations.Implications for education Under the revised statute, the board upon recommendation of thesuperintendent, may cause the necessary number of teachers or principals, or both,to be placed on leave of absence without pay, beginning with those servingprobationary periods. The revised statute places major emphasis on seniority. The revised statute dealing with special provisions of decreasing thenumber of teachers or principals, or both, because of insufficient funds or asubstantial decrease of pupil population within the school district would bespecial provisions which would probably prevail over the provisions which wereof general application. It is interesting to note the court expressed there can be no school withouta teacher and that the teacher is an essential element of a functioning school. Mulhall v. Pfankuck, 206 Iowa Reports 1139 Iowa (1928)Statute appropriate to caseSource – Code of Iowa 1927, page 565. 4231. Nonemployment of teacher – when. No contract shall be entered into with any teacher to teach in any school in the school corporation when the average attendance in said school the last preceding term therein was less than five pupils, unless a showing is made to the county superintendent that the number of children of school age in said school district has increased so that seven or more will be enrolled in such school and will attend therein. In such cases, or when natural obstacles to transportation of pupils to another district, or other conditions make it clearly inadvisable that such schools be closed, the county superintendent
  11. 11. 29 may consent to maintaining or reopening a school in said district for the ensuing term. It shall be the duty of the members of the school board residing in said district to make said showing, or any resident of said district may do so upon his own motion.Overview In a meeting held by a board of education, one sub-director left prior toadjournment or before the members officially voted to close one of theschoolhouses. The teacher was contracted by the sub-director to teach school inthe building which had been previously voted closed. At a later date the Boardsought advice from the County Superintendent and also from the StateSuperintendent. Both parties recommended to keep the school open. The teachertaught for one month and the Board again voted to close the school because of thelack of students. The teacher brought suit against the sub-director for the balanceof his contract sum.Issue Was the contract valid when the school was closed for lack of students?Characteristics of the decision The court rendered the decision in favor of the sub-director because thecontract was not approved officially by the Board. The court expressed that theofficial action of the Board in authorizing each sub-director to employ in his sub-district the teacher of his choice did not give them the authority to hire a teacherin a district where the school directors had voted the school closed for lack ofstudents.Significant points 1. The contract was not approved officially by the Board. 2. The court expressed that the official action of the Board in authorizing each sub-director to employ in his sub-district the teacher of his choice did not give them the authority to hire a teacher in a district where the school directors had voted the school closed for lack of students.Revised statuteSource – Iowa Code Annotated 12, Sections 257 to 279, pages 565-567. 279.13 – Contracts with teachers – automatic continuation – exchange of teachers. Contracts with teachers must be in writing, and shall state the length of time the school is to be taught, the compensation per week of five days, or month of four weeks, and that the same shall be invalid if the teacher is under contract with another board of directors in the state of
  12. 12. 30 Iowa to teach covering the same period of time, until such contract shall have been released, and such other matters as may be agreed upon, which may include employment for a term not exceeding the ensuing school year, except as otherwise authorized, and payment by the calendar or school month, signed by the president and teacher, and shall be filed with the secretary before the teacher enters upon performance of the contract but no such contract shall be entered into with any teacher for the ensuing year or any part thereof until after the organization of the board. Boards of school directors shall have power to arrange for an exchange of teachers in the public schools under their jurisdiction with other public school corporations either within or without the state or the United States on such terms and conditions as are approved by the state superintendent of public instruction and when so arranged and approved the board may continue to pay the salary of the teacher exchanged as provided in the contract between said teacher and the board for a period of one year, and such teacher shall not lose any privileges of tenure, old age, and survivors insurance, or certification as a result of such exchange. Said contract may be renewed each year as determined by the employing school board provided that the visiting exchange teacher is paid in full for the service rendered by the school authorities with whom his contract is made. Such exchange teachers must have qualifications equivalent to the regular teacher employed by the board and who is serving as the exchange teacher and must secure a special certificate covering the subjects designated for him to teach in the public schools in which the instruction is hereby authorized to formulate, establish, and enforce any reasonable regulation necessary to govern the exchange of teachers as provided in this paragraph, including the waiver of Iowa certification requirements for teachers who are regularly certificated or licensed in the jurisdiction from which they come. Said contract shall remain in force and effect for the period stated in the contract and thereafter shall be automatically continued in force and effect for equivalent periods, except as modified or terminated by mutual agreement of the board of directors and the teacher, until terminated as hereinafter provided, however, no contract shall be tendered by the employing board to a teacher under its jurisdiction prior to March 1, nor be required to be signed by the teacher and returned to the board in less than twenty-one days after being tendered. On or before April 15, of each year the teacher may file his written resignation with the secretary of the board of directors, or the board may by a majority vote of the elected membership of the board, cause said contract to be terminated by written notification of termination, by a certified letter mailed to the teacher not later than the tenth day of April; provided, however, that at least ten days
  13. 13. 31 prior to mailing any notice of termination the board or its agent shall inform the teacher in writing that (1) the board is considering termination of said contract and that (2) the teacher shall have the right to a private conference with the board if the teacher files a request therefore with the president or secretary of the board within five days, and if within five days after receipt by the teacher of such written information the teacher files with the president or secretary of the board a written request for a conference and a written statement of specific reasons for considering termination, the board shall, before any notice of termination is mailed, give the teacher written notice of the time and place of such conference and at the request of the teacher, a written statement of specific reasons for considering termination, and shall hold a private conference between the board and teacher and his representative if the teacher appears at such time and place. No school board member shall be liable for any damages to any teacher if any such statement is determined to be erroneous as long as such statement was made in good faith. In event of such termination, it shall take effect at the close of the school year in which the contract is terminated by either of said methods. The teacher shall have the right to protest the action of the board, and to a hearing thereon, by notifying the president or secretary of the board in writing of such protest within twenty days of the receipt by him of the notice to terminate, in which event the board shall hold a public hearing on such protest at the next regular meeting of the board for that purpose, and shall give notice in writing to the teacher of the time of the hearing on the protest. Upon the conclusion of the hearing the board shall determine the question of continuance or discontinuance of the contract by roll call vote entered in the minutes of the board, and the action of the board shall be final. The foregoing provisions for termination shall not affect the power of the board of directors to discharge a teacher for cause under the provisions of section 279.24. The term "teacher" as used in this section shall include all certificated school employees, including superintendents.Implications for education The revised statute would affirm that teaching contracts must be approvedofficially by the board and not individually by one of its members. Funston v. District School Board for School District No. 1, 278 P.1075 Oregon (1929)Statute appropriate to caseSource – Oregon Laws Supplement 1921-1927, Part I, pages 551-552. 5246. Dismissal or Transfer of Teacher-hearing.
  14. 14. 32 Before being dismissed or transferred to a lower branch of the service or to a position in a different branch of the service carrying a lower salary or compensation, the board of directors shall cause a written notice of such action to be delivered to such teacher. A teacher who is not willing to abide by such order shall within five days after service of such notice serve written notice with the superintendent of his or her unwillingness to abide by such order, and the board shall thereupon within five days of the receipt of such notice to the superintendent, cause to be served upon such teacher a copy of the charges or complaints, if any, which may have been filed against such teacher, together with statement of the grounds upon which such dismissal or transfer is proposed to be made. Such statement shall also recite the recommendation of the superintendent as to the retention, dismissal or transfer of such teacher and it shall be the duty of such superintendent in all such cases to file with said board his recommendation as to the retention, dismissal, or transfer of such teacher. Before the hearing the board shall cause to be given to the teacher at least ten days written notice of the time and place of such hearing and at such time and place shall her evidence that may be adduced in support of the charges or of the order of transfer, or of the teachers defense or resistance thereto. Witnesses in support of the charges or transfer, not exceeding ten in number, shall be, upon request of the teacher, subpoenaed by the board and compelled to testify, and subjected to the same penalties for perjury or contempt as specified in section 5249 of Oregon Laws. Subpoenas on behalf of the teacher shall, upon request of the teacher, be issued in blank by and over the hand of the chairman of the board of directors. Proceedings before the board shall be summary and the board shall pass upon the admissibility of evidence, the length and character of arguments and other proceedings; subject, however, to its duty to give a fair and reasonable hearing to the teacher and to fully apprise the teacher of the grounds for the proposed dismissal or transfer. A teacher, as well as the board, shall have the right in all cases to be represented by counsel. If requested by, or on behalf, of the teacher, the decision of the board shall be rendered in writing with the grounds upon which it is based. If the action or dismissal or transfer is concurred in by five members of the board it shall be final and not subject to review by any other commission; if such action is concurred in by less than five members of the board, then such action shall be final, unless within twenty days after receiving written notice of such decision of the board such teacher shall file a written request with the clerk of the school board, asking for a hearing before the commission. Such teacher shall state in the written request whether the hearing shall be private or public and whether such teacher shall be represented by counsel. Such teacher shall be entitled to and given a hearing before the commission as hereinafter provided within ten days after filing such written request with the clerk of the school board, and
  15. 15. 33 shall have full benefit of witnesses and subpoenas issued in blank by and over the hand of the chairman of the commission. Said trial shall be public or private, as requested by the teacher, as above provided. If said teacher is represented by counsel, then the board of directors may also be represented by counsel at the hearing, but if the teacher does not notify the commission in the written request for hearing that she will be represented by counsel, then neither side shall be represented by counsel at said hearing. Of any such hearing such teacher and the board shall have due notice not less than three days before the date set for the hearing, and such hearing may be continued from time to time on account of sickness or absence of material witnesses, or for such other good cause as shall be determined by the commission.Overview In December 1912, the teacher was employed as a teacher of millinery inthe schools of the district. Some time later she was granted a life certificatelimited to the teaching of millinery only and there was only one school in Portlandin which millinery was taught. Due to a change in the style of womens hats, theenrollment in her subject declined significantly. In the fall of 1926 it was 220, inthe spring of 1927 it was only 122, and the estimated enrollment for the fall termof 1927 was 75 pupils. In the spring of 1927, due to the small enrollment, onlytwo teachers were engaged in instruction in millinery and the teacher wasassigned to other work. The board of directors on April 1, 1927, upon therecommendation of the superintendent, adopted a resolution that the teachersservices should be discontinued at the end of that school year. On April 12thnotice of the boards action was served upon the teacher. This notice containedthe following: "Reason for the discontinuance is on account of there not beingsufficient classes in millinery to warrant continuance of three teachers in thiswork." On April 15th the superintendent received a notice from the teacher statingthat she would not abide by the boards order. Three days later the board passed aresolution that the teacher be given a hearing. May 9th the board secretaryinformed her that her matter would come before the board May 16th, and on thelatter day, when teacher failed to appear, the hearing was postponed until June 6th.On May 14th the board served notice upon the teacher of the time and place of thehearing. On June 6th, when the teacher again failed to appear, the board tooktestimony and subsequently made and filed a resolution dismissing her from theservice of the school district. The resolution stated that the number of pupils inmillinery classes had declined to the point where the teachers services as aninstructor were no longer necessary. The teacher contended that, under the lawsof the state regulating the hiring and discharge of teachers in her district, a lack ofneed for the services of a teacher who holds a life certificate is not a ground fordismissal, and second, that even if such ground was available, the board failed tocomply with the procedure prescribed by the law regulating dismissals.
  16. 16. 34Issue Can the school directors lawfully dismiss a teacher holding a lifecertificate, where services were no longer needed because enrollment declined ina specific course?Decision Court decided for the board.Characteristics of the decision When a teachers professional services must be discontinued because ofthe demands of economy, or by reasons of declining enrollment, the cause doesnot have its inception in the teacher, but arises from source foreign to them andover which they possess no control. The board had the power to organize theteaching force and to reduce it as proper management requires. Therefore, ifanticipated revenues are insufficient to meet the requirements of an efficientservice, the board could reduce the teaching force so that the expenditures wouldnot exceed the appropriations. The Court concluded that when the cause of ateachers dismissal is not personal to the teacher, the act does not require anadherence to the procedures prescribed by section 5246.Significant points 1. The board had the power to organize the teaching force and to increase or reduce it as proper management requires. 2. If anticipated revenues are insufficient to meet the requirements of an efficient service, the board could reduce the teaching force so that the expenditures would not exceed the appropriations. 3. When the cause of a teachers dismissal is not personal to the teacher, the act does not require an adherence to the procedures prescribed by section 5246.Revised statuteSource – Oregon Revised Statutes #3, Public Services – General Welfare,Chapters 326-495, pages 178, 180. 342.865 Grounds for dismissal of permanent teacher. (1) No permanent teacher shall be dismissed except for: (a) Inefficiency; (b) Immorality; (c) Insubordination; (d) Neglect of duty; (e) Physical or mental incapacity; (f) Conviction of a felony or of a crime involving moral turpitude; (g) Inadequate performance; (h) Failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; (i) Any cause which constitutes grounds for the revocation of such permanent teachers teaching certificate; or (j) Reduction in permanent teacher staff resulting from the districts inability to levy a tax sufficient to provide
  17. 17. 35funds to continue its educational program at its anticipated level orresulting from the districts elimination of classes due to decreased studentenrollment or reduction of courses due to administrative decision. Schooldistricts shall make every effort to transfer teachers of courses scheduledfor discontinuation to other positions for which they are qualified. Meritand seniority shall be considered in determination of a teacher for suchtransfer. (2) In determining whether the professional performance of apermanent teacher is adequate, consideration shall be given to regular andspecial evaluation reports prepared in accordance with the policy of theemploying school district and to any written standards of performancewhich shall have been adopted by the board. (3) Suspension or dismissalon the grounds contained in paragraph (e) of subsection (1) of this sectionshall not disqualify the teacher involved for any of the benefits provided inORS 237.195, 239.233 to 239.239 or 342.595.342.895 Procedure for dismissal of permanent teacher.(1) Authority to dismiss a permanent teacher is vested in the district schoolboard subject to the provisions of the fair dismissal procedures of ORS342.00 and 342.805 to 342.955 and only after recommendations of thedismissal is given to the district school board by the superintendent. (2)At least 20 days before recommendation to a board the dismissal of thepermanent teacher, the district superintendent shall give written notice tothe permanent teacher by certified mail of his intention to make arecommendation to dismiss the teacher. The notice shall set forth thestatutory grounds upon which the superintendent believes such dismissalis justified, and shall contain a plain and concise statement of the factsrelied on to support the statutory grounds for dismissal. If the statutorygrounds specified are those specified in paragraph (a), (c), (d), (g) or (h) ofsubsection (1) of ORS 342.865, then evidence shall be limited to thoseallegations supported by statements in the personnel file of the teacher onthe date of the notice to recommend dismissal, maintained as required inORS 342.850. Notice shall also be sent to the district school board and tothe Fair Dismissal Appeals Board. A copy of ORS 342.200 and 342.805to 342.955 shall also be sent to the permanent teacher. (3) The action ofthe district superintendent takes effect on the 20th day after notice is giventhe permanent teacher as required in subsection (2) of this section, ifapproved by the district school board. Notice of the boards action shall begiven to the permanent teacher by certified mail.342.915 Hearing procedure. The following provisions shall be applicableto any hearing conducted pursuant to ORS 342.905: (1) The hearing shallbe private unless the permanent teacher requests a public hearing. (2) Thehearing shall be conducted in accordance with rules and regulationsadopted by the Fair Dismissal Appeals Board pursuant to ORS chapter
  18. 18. 36 183. (3) At he hearing the permanent teacher shall have the right to be present and to be heard, to be represented by counsel and to present through witnesses any competent testimony relevant to the issue of whether facts as found by the Fair Dismissal Appeals Board and as relied on to support the recommendation of the district superintendent are true and substantiated and whether those facts justify the statutory grounds cited as reason for the dismissal and whether the procedures required by law have been followed.Implications for education In this case, the cause of the teachers dismissal was not personal to theteacher and therefore did not require a strict adherence to the proceduresprescribed by the earlier statute 5246. When a teachers dismissal is not personal,it means there are no formal charges filed against them. This is opposed togeneral procedures for dismissal where formal charges are filed against theteacher such as inefficiency, immorality, insubordination, neglect of duty,physical or mental incapacity, conviction of a felony or crime, inadequateperformance, or incompetency. The revised statute gives the board authority to dismiss a permanentteacher as a result of the districts inability to levy taxes sufficient enough toprovide funds to continue its educational program at its anticipated level, or as aresult of the districts elimination of classes due to decreased student enrollmentor reduction of courses due to administrative decision. Other causes are listed.There are detailed procedures for dismissal of permanent teachers within therevised statute. James v. School Township of Troy, 210 Iowa Reports 1059 Iowa (1930)Statue appropriate to caseSource – Code of Iowa 1927, pages 564-565. 4229. Contracts with teachers. Contracts with teachers must be in writing, and shall state the length of time the school is to be taught, the compensation per week of five days, or month of four weeks, and that the same shall be invalid if the teacher is under contract with another board of directors in the state of Iowa to teach covering the same period of time, until such contract shall have been released, and such other matters as may be agreed upon, which may include employment for a term not exceeding the ensuing school year, except as otherwise authorized, and payment by the calendar or school month, signed by the president and teacher, and shall be filed with the secretary before the teacher enters upon performance of the contract.
  19. 19. 37Overview The teacher entered into a contract with the school district for thirty-twoweeks. A small number of students attended the school. Shortly after the schoolterm began one family decided to enroll their children in a parochial school. Ameeting was scheduled on November 2 to discuss the matter, with the teacher inattendance. The Board decided to continue even though there might be evenfewer students in attendance as the year progressed. At a later date the school wasclosed for lack of students and the teacher was asked not to return, even thoughher professional services were available. The teacher filed charges for the balancedue on her contract, which was $640. The Board claimed that she had taught foronly a portion of the year and did not fulfill the terms of said contract. She wasalso charged with failure to seek other employment.Issue Is a teachers contract valid when a school is closed for lack of students?Decision Court decided for the teacher.Characteristics of the decision The Court ruled in 1930 for the teacher, claiming that the contract wasproperly contracted and filed. No effort to obtain other employment wasnecessary and the teacher made herself available to teach. The court pointed outthat a teacher who, in compliance with the direction of the board, holds herself inreadiness to teach, but is furnished no pupils, does not need to show any effort tosecure employment elsewhere as a teacher.Significant points 1. The contract had been properly filed. 2. No effort to obtain other employment was necessary and the teacher made herself available to teach. 3. The court pointed out that a teacher who, in compliance with the direction of the board, holds herself in readiness to teach, but is furnished no pupils, does not need to show any effort to secure employment elsewhere as a teacher.Revised statuteSource – Iowa Code Annotated 12, Sections 257 to 279, pages 565-567. 279.13 Contracts with teachers – automatic continuation – exchange of teachers. Contracts with teachers must be in writing, and shall state the length of time the school is to be taught, the compensation per week of five days, or month of four weeks, and that the same shall be invalid if the teacher is under contract with another board of directors in the state of
  20. 20. 38 Iowa to teach covering the same period of time, until such contract shall have been released, and such other matters as may be agreed upon, which may include employment for a term not exceeding the ensuing school year, except as otherwise authorized, and payment by the calendar or school month, signed by the president and teacher, and shall be filed with the secretary before the teacher enters upon performance of the contract but no such contract shall be entered into with any teacher for the ensuing year or any part thereof until after the organization of the board. Boards of school directors shall have power to arrange for an exchange of teachers in the public schools under their jurisdiction with other public school corporations either within or without the state or the United States on such terms and conditions as are approved by the state superintendent of public instruction and when so arranged and approved the board may continue to pay the salary of the teacher exchanged as provided in the contract between said teacher and the board for a period of one year, and such teacher shall not lose any privileges of tenure, old-age, and survivors insurance, or certification as a result of such exchange. Said contract may be renewed each year as determined by the employing school board provided that the visiting exchange teacher is paid in full for the service rendered by the school authorities with whom his contract is made. Such exchange teachers must have qualifications equivalent to the regular teacher employed by the board and who is serving as the exchange teacher and must secure a special certificate covering the subjects designated for him to teach in the public schools in which the instruction is hereby authorized to formulate, establish, and enforce any reasonable regulation necessary to govern the exchange of teachers as provided in this paragraph, including the waiver of Iowa certification requirements for teachers who are regularly certified or licensed in the jurisdiction from which they come. Said contract shall remain in force and effect for the period stated in the contract and thereafter shall be automatically continued in force and effect for equivalent periods, except as modified or terminated by mutual agreement of the board of directors and the teacher, until terminated as hereinafter provided, however, no contract shall be tendered by the employing board to a teacher under its jurisdiction prior to March 1, nor be required to be signed by the teacher and returned to the board in less than twenty-one days after being tendered. On or before April 15, of each year the teacher may file his written resignation with the secretary of the board of directors, or the board may by a majority vote of the elected membership of the board, cause said contract to be terminate by written notification of termination, by a certified letter mailed to the teacher not later than the tenth day of April; provided, however, that at least ten days
  21. 21. 39 prior to mailing any notice of termination the board or its agent shall inform the teacher in writing that (1) the board is considering termination of said contract and that (2) the teacher shall have the right to a private conference with the board if the teacher files a request therefore with the president or secretary of the board within five days, and if within five days after receipt by the teacher of such written information the teacher files with the president or secretary of the board a written request for a conference and a written statement of specific reasons for considering termination, the board shall, before any notice of termination is mailed, give the teacher written notice of the time and place of such conference and at the request of the teacher, a written statement of specific reasons for considering termination, and shall hold a private conference between the board and teacher and his representative if the teacher appears at such time and place. No school board member shall be liable for any damages to any teacher if any such statement is determined to be erroneous as long as such statement was made in good faith. In event of such termination, it shall take effect at the close of the school year in which the contract is terminated by either of said methods. The teacher shall have the right to protest the action of the board, and to a hearing thereon, by notifying the president or secretary of the board in writing of such protest within twenty days of the receipt by him of the notice to terminate, in which event the board shall hold a public hearing on such protest at the next regular meeting of the board for that purpose, and shall give notice in writing to the teacher of the time of the hearing on the protest. Upon the conclusion of the hearing the board shall determine the question of continuance or discontinuance of the contract by roll call vote entered in the minutes of the board, and the action of the board shall be final. The foregoing provisions for termination shall not affect the power of the board of directors to discharge a teacher for cause under the provisions of section 279.24. The term "teacher" as used in this section shall include all certificated school employees, including superintendents.Implications for education The important implication in this case is that where specific stipulationsare set forth in statutes, any deviation tends to be interpreted as a violation ofprocedure. Courts will support procedure as stated. Seidel v. Board of Education of Ventnor City, 164 A.297, New Jersey (1933)Statutes appropriate to caseSource – Compiled Statutes of new Jersey, Volume 4, pages 4762-4764.
  22. 22. 40 106. Rules and regulations as to employment, etc.; contracts of employment; school month. A board of education may make rules and regulations governing the engagement and employment of teachers and principals, the terms and tenure of such employment, and the promotion and dismissal of such teachers, and principals, the salaries, and the time and mode of payment thereof, and may from time to time change, amend or repeal such rules and regulations. The employment of any teacher by such board, and the rights and duties of such teacher with respect to such employment, shall be dependent upon and shall be governed by the rules and regulations in force with reference thereto. If a board of education shall not have made rules and regulations as aforesaid, then no contract between such board of education and a teacher shall be valid unless the same be in writing, or partly written and partly printed, in triplicate, signed by the president and district clerk or secretary of the board of education and by the teacher. One copy thereof shall be filed with the board of education, one copy with the teacher and one copy with the county or city superintendent. Such contract shall specify the date when such teacher shall begin teaching, the kind and grade of certificate held by said teacher and the date when said certificate will expire, the salary, and such other matters as may be necessary to a full and complete understanding of the same. In every such contract, unless otherwise specified, a month shall be construed and taken to be twenty school days or four weeks of five school days each. The salary specified in every such contract shall be paid in equal monthly installments, not later than five days after the close of each month while the school shall be in session. Any contract or engagement between a board of education and a teacher shall cease and determine and be of no effect against said board whenever said board shall ascertain by notice in writing received from the county or city superintendent or otherwise, that said teacher is not in possession of a proper teachers certificate in full force and effect, notwithstanding the term or engagement for which such contract shall have been made may not then have expired. The state superintendent of public instruction shall prepare and distribute blanks for contracts between the board of education and teachers. 106a. Tenure after three years employment; dismissal or reduction of salary procedure-Sec. 1. The service of all teachers, principals, supervising principals of the public schools in any school district of this state shall be during good behavior and efficiency, after the expiration of a period of employment of three consecutive years in that district, unless a shorter period is fixed by the employing board; provided, that the time any teacher, principal, supervising principal has taught in the district in which he or she is employed at the time this act shall go into effect, shall be counted in determining such period of employment. No principal or teacher shall be dismissed or subjected to reduction of salary in said
  23. 23. 41 school district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her, signed by the person or persons making the same, and filed with the secretary or clerk of the board of education having charge of the school in which the service is being rendered, and after the charge shall have been examined into and found true in fact by said board of education, upon reasonable notice to the person charged, who may be represented by counsel at the hearing. Charges may be filed by any person, whether a member of said school board or not. 106c. Reduction of number of teachers; when; dismissal of teachers without certificates-Sec. 3. Nothing herein contained shall be held to limit the right of any school board to reduce the number of principals or teachers employed in any school district when such reduction shall be due to a natural diminution of the number of pupils in said school district; and, provided further, that the service of any principal or teacher may be terminated without charge or trial who is not a holder of a proper teachers certificate in full force and effect.Overview A teacher protected under tenure had been informed that she would beassigned to teach a special class of backward and troublesome pupils and signed ageneral contract restricting her teaching to the special class. Having brought theclass to the point where the pupils could be transferred into regular classes, theboard decided that in the interest of good economy to abolish the position anddischarge the teacher. The teacher argued that the abolition of her position wasno more than the reduction of one teacher of the teaching force in the publicschool system, and that she was entitled to remain as a teacher in preference toothers who had not come under the protection of the tenure statute.Issue In the interest of economy, can the school board abolish a specialteaching position no longer necessary and discharge a tenured teacher assigned tothe position?Decision Court decided for the teacher.Characteristics of the decision The board argued that the special employment of the teacher had beenrestricted to the special class now abolished, and that special provisions had beenwritten into the contract. The Court expressed the teacher was employed to teachand if the board at any time had elected to transfer her to a regular class, she could
  24. 24. 42not legally have claimed exemption from such a service. On the other hand, theboard, having assigned her under the written contract to the special class, couldnot deprive her of tenure as a teacher, by abolishing the class. She had the samestanding as other teachers under similar general contracts, with the addedadvantage of indefinite tenure arising from three years service, as against thosewho had not served that length of time. The school board may in the interest of economy reduce the number ofteachers. If such a reduction is to be made at all, and a place remains which atenured teacher is qualified to fill, the teacher is entitled to that position as againstthe retention of a teacher not protected by tenure.Significant points 1. The board, having assigned the teacher under the written contract to the special class, could not deprive her of tenure as a teacher, by abolishing the class. The teacher had the same standing as other teachers under the similar general contracts with the added advantage of indefinite tenure. 2. The school board may in the interest of economy reduce the number of teachers. If such a reduction is to be made at all, and a place remains which a tenured teacher is qualified to fill, the teacher is entitled to that position as against the retention of a teacher not protected by tenure. 3. The Court pointed out that in cases of (a) two or more tenured teachers and only one position available, and (b) one tenured teacher and several non-tenured teachers to be discharged, the simple answers are: (a) the board must use its discretion in selecting the tenured teacher; and (b) the board must use similar discretion in selecting the non-tenured teacher to discharge. In this case, there was one position filled by a non-tenured teacher who could be discharged on expiration of the annual contract to make way for the dismissed tenured teacher.Revised statuteSource – New Jersey Statutes Annotated, Title 18A Education, 18A:25 to 18A:65. 18A:27-4. Power of boards of education to make rules governing employment of teacher, etc.; employment thereunder, page 34. Each board of education may make rules, not inconsistent with the provisions of this title, governing the employment, terms and tenure of employment, promotion and dismissal, and salaries and time and mode of payment thereof of teaching staff members for the district, and may from time to time change, amend or repeal the same, and the employment of any person in any such capacity and his rights and duties with respect to such
  25. 25. 43employment shall be dependent upon and governed by the rules in forcewith reference thereto.18A:28-5. Tenure of teaching staff members, pages 58-59. The servicesof all teaching staff members including all teachers, principals, assistantprincipals, vice principals, superintendents, assistant superintendents, andall school nurses including school nurse supervisors, head school nurses,chief school nurses, school nurse coordinators, and any other nurseperforming school nursing services and such other employees as are inpositions which require them to hold appropriate certificates issued by theboard of examiners, serving in any school district or under any board ofeducation, excepting those who are not the holders of proper certificates infull force and effect, shall be under tenure during good behavior andefficiency and they shall not be dismissed or reduced in compensationexcept for inefficiency, incapacity, or conduct unbecoming such ateaching staff member or other just cause and then only in the mannerprescribed by subarticle B of article 2 of chapter 6 of this title, afteremployment in such district or by such board for (a) three consecutivecalendar years, or any shorter period which may be fixed by theemploying board for such purpose; or (b) three consecutive academicyears, together with employment at the beginning of the next succeedingacademic year; or (c) the equivalent of more than three academic yearswithin a period of any four consecutive academic years; provided that thetime in which such teacher staff member has been employed as such in thedistrict in which he was employed at the end of the academic yearimmediately preceding July 1, 1962, shall be counted in determining suchperiod or periods of employment in that district or under that board but nosuch teaching staff member shall obtain tenure prior to July 1, 1964 in anyposition in any district or under any board of education other than as ateacher, principal, assistant superintendent or superintendent, or as aschool nurse, school nurse supervisor, head school nurse, chief schoolnurse, school nurse coordinator, or as the holder of any position underwhich nursing services are performed in the public school.18A:28-14. Teaching staff members not certified; not protected;exception, page 100. The services of any teaching staff member who isnot the holder of an appropriate certificate, in full force and effect, issuedby the state board of examiners under rules and regulations prescribed bythe state board of education may be terminated without charge or trial,except that any school nurse appointed prior to May 9, 1947 shall beprotected in her position as is provided in section 18A:28-4 of this title.
  26. 26. 44Implications for educationAccording to the revised statute, the court probably would still decide in favor ofthe teacher. The board is allowed to assign a teacher under the written contract toteach a special class, but it cannot deprive him of tenure as a teacher by simplyabolishing the class. Other stipulations relating to powers of boards and tenure ofteach staff are given with the revised statute. Walsh v. Board of Trustees of Redlands High School District, 37 P.2d 700 California (1934)Statutes appropriate to caseSource – General laws, Volume Three, Acts 1931. 5.500, page 4179. Every employee of a school district of any type or class, who after having been employed by the district for three complete consecutive school years in a position, or positions, requiring certification qualifications, is re-elected for the next succeeding school year to a position requiring certification qualifications shall, except as hereinafter otherwise provided, at the commencement of said succeeding school year, be classified as and shall become a permanent employee of the district. 5.710, page 4190. It is hereby provided that whenever it becomes necessary to decrease the number of permanent employees in a school district on account of a decrease in the number of pupils attending the schools of such district, or on account of the discontinuance of a particular kind of service in such district, the governing board may dismiss such employee at the close of the school year. 5.711, page 4191. If the dismissal of such employee shall become necessary on account of the decrease in the number of pupils attending the schools of the district, such employee so dismissed shall be the last person engaged in the type of work so discontinued.Overview Prior to the school year of 1932-1933, the teacher had been employed formore than three years by the district, during which time she had taught vocalmusic for four periods a day in the senior high school and the same subject fortwo periods a day in the junior high school. Early in May, 1932, the teaching ofvocal music in the senior high school was entirely discontinued and abolished byaction of the board, and notice was given to the teacher on May 3, 1932. Theteaching of vocal music in the junior high school was not abolished at that time,but was continued during the school year 1932-1933. During the preceding twoyears another teacher had also taught vocal music in the junior high school,teaching six periods a day. She was still a probationary teacher, not having
  27. 27. 45reached a permanent status, and her services were continued during the schoolyear 1932-1933 for the full six periods a day. The teacher bringing legal actionhad been offered a contract to teach this subject in the junior high school for twoperiods a day, as before, and she continued to teach those periods during theschool year 1932-1933. During this year she brought legal action asking that theboard be compelled to reinstate and pay her as a full-time teacher in the districtfor that year.Issue Teaching of vocal music in senior high school constitutes a "particularkind of service" and it may be discontinued when finances or other reasonsdemand. When such a particular service is discontinued, the "position" isabolished. Is a teacher under tenure entitled to oust a probationary teacherteaching the same subject at the junior high level?Decision Court decided for the board.Characteristics of the decision The court pointed out distinct differences between the high school andjunior high. High schools are designed for older and more advanced students,apply different methods, allow more freedom both in choice of subjects and fromthe routine followed in elementary and junior high schools, and being, in manyrespects, comparable to some colleges. The junior high schools, usually cover thework formerly done in the first year of the senior high school, together with thework formerly given in the last two years of the elementary grades. The Courtexpressed that there was a very marked change in children when they leave ajunior high school and enter a senior high school and both the subject mattertaught and the method of teaching and handling pupils is quite different in the twoclasses of schools. The difference between these two kinds of schools is somarked that, in the courts opinion, it could not be held that a person teachingclasses in both schools at the same time was holding one position only. In otherwords, senior high schools differ materially from junior high schools. Whilesome of the subjects taught in a senior high school may be regarded as anecessary continuation of similar work in the junior high school, other subjectswhich may be taught in the one may be less essential in the other, and may or maynot be taught there, depending upon available funds and many other conditions. When such a particular service is discontinued, the "position" of teachingit is abolished. And a teacher who happens to also hold another "position"teaching that same subject in a different kind of school is not entitled to oustanother teacher in a lower class of school on the solid ground that the generalsubject is still taught in that school and that her permanent standing entitles her toteach that general subject anywhere and under any circumstances where andunder which it may be taught.
  28. 28. 46 The Court felt a standing as a permanent teacher is related, not only to thesubject taught, but to the "position or positions" occupied, and to the kind ofschool or schools where the probationary period was passed. By reason of two positions held, the teacher had acquired permanentstanding in each. She could not be capriciously removed from either withoutbeing given one of equivalent rank and grade if one existed, but, when all suchservice of the rank and grade of one of the positions held was discontinued in thedistrict, the statute permits her dismissal from that position. It was fully apparentto the court that the teacher was not demanding work in the subject of rank andgrade equivalent to that which she lost, for none of that rank and grade remainedin the district, but she was asking that she be given a new and further position of alower rank and grade on the ground that the teaching of this subject, alone and ofitself, entitled her to teach the same in any kind of school and without regard tothe rank and grade of the position previously occupied and which had beenabolished. The teacher claimed the right on the ground that she had acquiredpermanent standing as a full-time teacher through teaching vocal music in bothschools. In other words, she maintained that her rights as a permanent teacherhave accrued from the subject taught, without regard to where it was taught. Ifshe would have been correct in her contention, she would be entitled to teach full-time in the junior high school if she had done no work at all in that school,because the subject taught by her was continued in that school which is run by theschool district. In the courts opinion, the statue was never intended to treatteachers as interchangeable between junior high school and senior high schoolwithout regard to qualifications or anything except the fact that one generalsubject may have been taught in both. The court concluded that teaching vocal music in the senior high schoolwas a particular kind of service in the district within the meaning of the statute,and that a discontinuance of it ended tenure rights of the teacher which had beenacquired, regardless of whether or not a similar subject was continued in thejunior high school maintained in the same district.Significant points 1. When a particular service is discontinued the "position" of teaching it is abolished. A teacher who happens to also hold another "position" teaching that same subject in a different kind of school is not entitled to oust another teacher in a lower class of school on the sole ground that the general subject is still taught in that school and that her permanent standing entitles her to teach that general subject anywhere and under any circumstances where and under which it may be taught. 2. The standing as a permanent teacher is related, not only to the subject taught, but to the "position or positions occupied, and to
  29. 29. 47 the kind of school or schools where the probationary period passed. 3. The statute was never intended to treat teachers as interchangeable between junior high school and senior high school without regard to qualifications or anything except the fact that one general subject may have been taught in both. 4. The teaching of vocal music in the senior high school was a particular kind of service in the district within the meaning of the statute, and that a discontinuance of it ended tenure rights of the teacher which had been acquired, regardless of whether or not a similar subject was continued in the junior high school maintained in the same district.Revised statuteSource – Annotated California Codes, Education, Sections 13361 to 15000, pages104-105. 13447. Reduction in number of permanent employees. No permanent employee shall be deprived of his position for causes other than those specified in Sections 13313, 13327 and 13338, and Sections 13403 to 13441, inclusive, and no probationary employee shall be deprived of his position for cause other than as specified in Sections 13442 and 13443, except in accordance with the provisions of Section 13319 and Sections 13447 to 13452, inclusive. Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, or whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, and when in the opinion of the governing board of said district it shall have become necessary by reason of either of such conditions to decrease the number of permanent employees in said district, the said governing board may terminate the services of not more than a corresponding percentage of the certificated employees of said district, permanent as well as probationary, at the close of the school year; provided, that the services of no permanent employee may be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service which said permanent employee is certificated and competent to render. Notice of such termination of services either for a reduction in attendance or reduction or discontinuance of a particular kind of service to take effect not later than the beginning of the following school year, shall be given
  30. 30. 48 before the 15th of May in the manner prescribed in Section 13443, and services of such employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with the provisions of Sections 13262 and 13263 of this code. In the event that a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 13443, he shall be deemed reemployed for the ensuing school year. The board shall make assignments and reassignments in such a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render.Implications for education The court expressed that there is a very marked change in children whenthey leave a junior high school and enter a senior high school, and both thesubject matter and the method of teaching and handling pupils is quite different inthe two classes of schools. Under the revised statute, seniority provisions are provided and nopermanent employee may be terminated while a probationary employee or anyother employee with less seniority is retained to render a service which apermanent employee is certificate and competent to render. The statue providesthe board shall make assignments and reassignments in such a manner thatemployees shall be retained to render any service which their seniority andqualifications entitled them to render. In the revised statue, employees areentitled to cross grade level lines because of seniority rights within the district,providing their professional certification permits them to render a particularservice. Downs v. Board of Education of Hoboken District, 171 A.528 New Jersey (1934)Statutes appropriate to caseSource – Compiled Statutes of New Jersey, Volume 4 68. Boards of education; majority; action in general, page 4744. No principal or teacher shall be appointed, transferred or dismissed, not the amount of his or her salary fixed; no school term shall be determined, nor shall any course of study be adopted or altered, nor text-books selected, except by a majority vote of the whole number of members of the board of education. 106a. Tenure after three years employment; dismissal or reduction of salary; procedures.-Sec. 1, page 4763. The service of all teachers, principals, supervising principals of the public schools in any school
  31. 31. 49 district of this state shall be during good behavior and efficiency, after the expiration of a period of employment of three consecutive years in that district, unless a shorter period is fixed by the employing board; provided, that the time any teacher, principal, supervising principal has taught in the district in which he or she is employed at the time this act shall go into effect, shall be counted in determining such period of employment. No principal or teacher shall be dismissed or subjected to reduction of salary in said school district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her, signed by the person or persons making the same, and filed with the secretary or clerk of the board of education having charge of the school in which the service is being rendered, and after the charge shall have been examined into and found true in fact by said board of education, upon reasonable notice to the person charged, who may be represented by counsel at the hearing. Charges may be filed by any person, whether a member of said school board or not. 106c. Reduction of number of teachers; when; dismissal of teachers without certificates.-Sec. 3, page 4764. Nothing herein contained shall be held to limit the right of any school board to reduce the number of principals or teachers employed in any school district when such reduction shall be due to a natural diminution of the number of pupils in said school district; and, provided further, that the service of any principal or teacher may be terminated without charge or trial who is not the holder of a proper teachers certificate in full force and effect.Overview There were nine elementary schools in the school district of Hoboken with6,704 pupils in attendance in 1928. From that time forward until 1932 there was amarked decrease in attendance from year to year, so that in 1931 there were only5,431 pupils. During the latter part of this period five more classrooms becamevacant. This diminution in the number of pupils was a natural one, due to the lossof population. During this period the decrease in the number of teachers was onlynine. In 1931, due to a bank failure, inability to collect taxes, and other causes,the city of Hoboken, which comprised the school district of Hoboken, found itdifficult to finance its schools, difficult at first and almost if not impossiblethereafter to borrow money by the use of all available credit of the city. Fromtime to time the president of the board of education made public reference toeconomic problems facing the board. He referred to the fact that many of theteachers were married women, some of whom did not live in the city, and thatcondition he vigorously criticized. On Jun 27, 1932, a second conference washeld between the bankers and the city officials in an effort to raise money, but thateffort was futile in view of the position taken by the bankers that the cost of
  32. 32. 50operating the schools must be reduced. As a result of this conference, the citycommissioners met with the board of education and laid before them the situation.The result was that it was decided to close two schools. To carry out this decisionthe board met on June 29, 1932. At that meeting a report was made by thesuperintendent of schools that he had made certain transfers of teachers and otheremployees from and to various schools, subject to the approval of the board. Theapproval was unanimously given. By that transfer 26 teachers represented by thedismissed teacher were transferred to schools numbers 4 and 7. Later at the samemeeting the board by resolution reciting in effect the decreased attendance, theexcessive per capita cost of pupils, the necessity of economizing, and that theservices of so large a number of teachers were no longer required, unanimouslyresolved that schools No. 4 and 7 be closed on June 30th at the close of the schoolyear, and that the pupils attending those schools be transferred to other schoolsand that 34 named teachers (including the 26 and 8 others) be dismissed as ofJune 30, 1932, and abolished the positions of certain other employees. All of the dismissed teachers were involved (namely, the 26 transferred toschools numbered 4 and 7), and the eight who had long served in Numbers 4 and7), have served for more than three years, and were therefore under the protectionof the tenure act.Issue Can the board transfer teachers from various schools to a particular schoolwhich the board determined to close for reasons of economy and decliningnumber of pupils, thus rendering the teachers professional services unnecessary?Decision Court decided for the board.Characteristics of the decision An appeal was taken to the state board of education, and that board heldthat the termination of the services of 34 teachers was legal, subject to the boardassigning seven of the teachers to positions held by teachers not protected bytenure. The court felt that the decision of the state board of education should notbe disturbed. The court expressed that the powers of boards of education in themanagement and control of the school districts are broad. They are invested withthe supervision, control, and management of the public schools. They may make,amend, and repeal rules, regulations, and by-laws not inconsistent with the schoollaw or with the rules and regulations of the state board of education, and, amongother things, may employ and discharge teachers. The Boards powers are limitedas to the employment and discharge of teachers only to the extent provided bySchool Codes 68, 106a, and 106c. These laws declare, among other things, that"nothing herein contained shall be held to limit the right of any school board toreduce the number of principals or teachers employed in any school district when
  33. 33. 51such reduction shall be due to a natural diminution of the number of pupils in saidschool district." In general, the right to transfer a teacher seems to rest in the sounddiscretion of the board of education, and it seemed to the court that the mere factthat the 26 teachers were transferred from their various schools to schoolsNumbers 4 and 7, which at the same meeting the board of education determinedto close, did not render the transfers illegal. In general, the board had a right todispense with the services of such number of teachers selected from the entireschool district as it in good faith deemed necessary to effect the economy whichits financial condition demanded, and whose services were no longer necessarybecause of the diminution of the number of pupils. From time to time the president of the board of education made publicreference to economic problems facing the board. He referred to the fact thatmany of the teachers were married women, some of whom did not live in the city,and that condition he vigorously criticized. It was true that the board presidentexpressed himself forcibly. It was true that he wrote letters to the teachers inwhich he expressed his views. It was also true that he conducted a survey andreported the findings to the board. But the court indicated that the board did notauthorize such a survey and took no action on the report with regard tononresident and married women teachers, and that it did not authorize thepresident to communicate with the teachers nor to do anything in that regard. Thecourt indicated that the board may or may not have been influenced by the boardpresidents views. The court would not speculate on this matter. The questionwas, "Does this action of the president affect the legality of the transfers?" Thecourt felt it did not. The court was satisfied from the record that the purpose ofthe board was to effect economy and to terminate the services of a number ofteachers no longer necessary because of the diminution of pupils. The fact theydismissed married or nonresident women teachers, giving preference to residentsof the school district, was not an abuse of power. The court held the board actedwithin the authority conferred upon it by law, and its action involved the exerciseof discretion, and, in the absence of clear abuse, its action ought not to bedisturbed.Significant points 1. The powers of state boards of education in the management and control of the school districts are broad. They are invested with the supervision, control, and management of the public schools. 2. Boards of education may make, amend, and repeal rules, regulations, and by-laws not inconsistent with the school law or with the rules and regulations of the state board of education, and, among other things, may employ and discharge teachers. They are authorized by majority vote to transfer and dismiss teachers. These powers are limited as to the employment and discharge of teachers only to the extent provided by the Teachers Tenure Law.
  34. 34. 52 3. In general the right to transfer a teacher rests in the sound discretion of the board of education. The board had the right to dispense with the services of such a number of teachers selected from the entire school district as it in good faith deemed necessary to effect the economy which its financial condition demanded, and whose services were no longer necessary because of the diminution of the number of pupils. 4. The fact the board dismissed married or nonresident women teachers, giving preference to residents of the school district, was not an abuse of power. The Court held the board acted within the authority conferred upon it by law, and its action involved the exercise of discretion, and in the absence of clear abuse, its action ought not to be disturbed.Revised statuteSource – New Jersey Statutes Annotated, Title 18A, Education, 18A:25 to 18A:65. 18A:28-5. Tenure of teaching staff members, pages 58-59. The services of all teaching staff members including all teachers, principals, assistant principals, vice principals, superintendents, assistant superintendents, and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this title, after employment in such district or by such board for: (a) three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or (b) three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or (c) the equivalent of more than three academic years within a period of any four consecutive academic years; provided that the time in which such teacher staff member has been employed as such in the district in which he was employed at the end of the academic year immediately preceding July 1, 1962, shall be counted in determining such period or periods of employment in that district or under any board of education other than as a teacher, principal, assistant superintendent or superintendent, or as a school nurse, school nurse supervisor, head school

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