(DOWNLOAD) "Smith v. School District No. 18" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. School District No. 18
- Author : Supreme Court of Montana
- Release Date : January 02, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Schools and School Districts ? Teacher Tenure Act ? Dismissal and Demotion ? Procedure ? Board of School Trustees ? Breach of Contract ? Damages Recoverable ? Contracts ? Construction ? Intention of Parties ? How Arrived at. Schools and School Districts ? Teacher Tenure Act ? Demotion of Teacher after seven Years of Teaching in Town School to Ungraded Rural School Required same Procedure as Removal or Dismissal, under Section 1075, Revised Codes ? Case at Bar. 1. The Teacher Tenure Act (sec. 1075, Rev. Codes) provides that after the election of a teacher for the third consecutive year in any school district he shall be deemed re-elected from year to year unless the board of trustees shall on or before the first day of May give him notice in writing that his services will no longer be required. Plaintiff in his action for breach of contract had taught the 6th, 7th and 8th grades, he in addition having acted as instructor of the school band, in a town school, commencing in the year 1934, for seven consecutive years, when one member of the board orally informed him that it had been decided not to re-employ him, he asking him for his resignation, which was refused. About two weeks before the beginning of the 1941 school term he was notified that he had been assigned to a rural ungraded school then having five pupils. Plaintiff refused the assignment. Held, that the new assignment in effect was a demotion which required the same procedure as a removal or dismissal under section 1075, and that plaintiff properly refused to accept it. (MR. CHIEF JUSTICE JOHNSON and MR. JUSTICE MORRIS dissenting.)