CHAPTER IX Trustees: Dismissing Teachers Unless the contract specify that certain grades or subjects shall be taught, the teacher must accept whatever grades or subjects, within his capacity, are assigned by the trustees. (D 3898) Unless otherwise stipulated, where there are several schools in the district, or several departments, the teacher must take any one assigned to her, even if it be a colored school. Ill A 393) (11 Under a complaint by a school teacher to recover salary based upon and alleging a full compliance with the terms of an express contract to teach as assistant principal in the high school department, where the evidence shows that she has materially violated its provisions in refusing to teach certain classes assigned to her by a new and recently selected principal when possessing the scholastic attainments and ability to do so, when the different members of the board frequently endeavored to persuade her to teach said classes, her defence being that neither the board of education nor the principal of the school had power to modify or change the assignment made by a former principal of the schools, Held, under the contract it was the duty of plaintiff as assistant principal to teach such classes and perform such duties, within the scope of her employment, as the principal of the school might reasonably assign or direct, and where plaintiff had wilfully and without justifiable cause failed and refused to perform her duties, a dismissal was justifiable and no recovery could be had for salary unearned.-Morrow vs. Board of Education City of Chamberlain, So. Dak., Sup'r Ct., Oct. 28, 1895. But when the contract specifies certain work the teacher can not be compelled to do different work. Letha Jackson was employed by the school authorities of Steamboat Rock, Ia., to teach 34 weeks from Sept. 7, 1896. She was discharged Nov. 9, but offered a place in a higher department at the same salary. The court holds that when a servant is wrongfully discharged, he cannot be bound to accept new employment from the same master, unless (1) to work in the same general lines as that of the first employment, and (2) the offer is made in such a manner that it will not amount to a modification of the original contract. It does not appear that the offer was so made that plaintiff could accept it without modifying her original agreement. Judgment for plaintiff affirmed in supreme court. (81 N W 596) A. J. Jones, hired as principal of high school and to teach 9th, 10th, and 11th grades, refused to take also 8th grade and was discharged. Held that he could not be compelled to take 8th grade, and was not legally discharged. State Sup't R. C. Barrett, Ia., May 12, 1899. (Midland Schools July, 1900.) Under the political code, boards of education in cities can remove a teacher, "when elected", only for the violation of the rules of the board of education or for incompetency, or unprofessional or immoral conduct, especially where the time of employment is not fixed by contract. The clause in the code prohibiting the removal of a teacher without cause applies to previously elected teachers and is, violated by removing a teacher to a lower grade. So held by the California supreme court in Kennedy vs. San Francisco Board of Education. Especially is it true that a change of grade must not involve any reduction in salary, which would be equivalent to a discharge and allowable only for the same reasons. (50 N Y 473, 67 How Pr 372) See page 125. Katharine R. Callahan, appointed in June, 1900, to 6th grammar grade, and in Sept. put into 4th grade at $150 a year less, was entitled to the 6th grade position, and could not be removed and placed in a lower position. (66 N E 674) Whether specified or not, teachers are by law required to fill the blanks in the school register, to preserve it, to verify its correctness by oath, and to deliver it to the district clerk. (D 3838) Teachers must keep, prepare and enter in the books provided for that purpose, the school lists and accounts of attendance hereinbefore mentioned, and be responsible for their safekeeping and delivery to the clerk of the district at the close of their engagements or terms. (557, 61 Pac 1193) Each teacher must, by his oath or affirmation, verify his entries in the school register provided by the education department, and the entries constitute the school lists from which the average daily attendance shall be determined. Such oath or affirmation may be taken by the district clerk or trustee, but without charge. (558) A teacher is not entitled to his salary for the last month of a term until he has so made and verified such entries and the trustees must not draw on the supervisor, collector, or treasurer for any portion of his salary for such month until such oath or affirmation has been made. (558) This obligation upon teachers is practically universal. (2 Allen 592, 4 Cush 599, 6 Fost 470, 3 Ill A 349, 20 I11 511, 77 Ill 628, 78 Ill A, 390, 107 Ind 351, 30 La Am 607, 43 Md 449, 30 Mich 249, 35 Neb 1, 57 Neb 188, 26 N H 470, 52 N W 710, 77.N W 62, 21 Vt 957, 35 Vt 623, 5 West 684) La. imposes a fine of $2 for failure to furnish report. Texas and N. M. impose a fine of not less than $25 or more than $500. If the register be lost through carelessness the teacher is entitled to no pay for his services, and from this duty the trustees have no right to excuse him. (2 Allen 592, 6 Fost 470, 26 N H 470, 35 Vt 623, 41 Vt 353) He may draw pay if he can make oath that it was correctly kept, but lost or stolen through no fault of his; and trustees may permit the teacher to fill up the blanks afterward, if the district do not thereby lose its public money. (D 1713, 2523) In Vt. the fact that a teacher who had been dismissed carried off the register, but returned it to the district clerk before bringing suit for wages did not defeat recovery of wages. (41 Vt 353) For special registry under the compulsory law see page 193. CHAPTER X Trustees: Dismissing Teachers Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor is deemed sufficient ground for the revocation of the teacher's certificate. (563) See page 136. The enforcement of this provision rests in the judgment of the commissioner of education. S. Jennie Townsend was teacher of music and oratory in Warwick during the year ending July 31, 1904. In April she signed a contract to remain another year. On July 13 she telegraphed them her resignation. One member replied that only three members of the board were in town and that he would write to her later. Assuming that she would be released she accepted another position at a higher salary, and notified the Warwick board. On July 28 they wrote her that she had broken her contract, and filed petition to the commissioner of education to revoke her certificate. Commissioner Draper decided: "The teacher did wrong in accepting a more desirable offer before being released from a prior engagement which she had made. But the temptation was too much for her. She made the effort to secure release. She was not met with immediate refusal, or with decisive action of any kind, and she presumed upon a very common usage of trustees to grant release in such cases rather than to endure the consequences of disappointment. Doubtless teachers ought to be required to abide by business contracts as sharply as other people, and women teachers as much as men teachers. It is difficult to do it, but if it was a question of enforcing or assuring the results of a contract the commissioner would try to do it. But that is not it. He is asked to punish a woman teacher for a fraility. He will do it to the extent of telling her she |