Who may hire teachers

The power to employ teachers rests exclusively in the trustees.

(195)

They need not be guided even by the vote of the district meeting, though the wishes of the inhabitants should not be wantonly disregarded. (715)

This is the usual provision in other states (71 Ill 383, 79 Ill 567, 2 Ill A 584, 1 Ind 65, 102 Ind 279, 107 Ind 43, 26 Ia 281, 59 Ia 70, 36 Mich 404, 37 Minn 96, 44 Mich 500, 60 N E 956, 54 P 766, 65 S W 686, 21 Wis 557. But see 12 Lea 486.)

It rests with the trustees to determine the number of teachers.

(195)

If they think an additional teacher is required they have the right to hire her without submitting the question to the district meeting. (D 4005)

They fix the wages of the teachers. (195)

It is no excuse for not opening school that they can not find a qualified teacher at the salary the district is accustomed to pay. They must find and employ a teacher, no matter how high wages they are obliged to pay. (D 1864)

They determine the terms of school for each year. (D 1976)

In the exercise of this authority they must be reasonable. Where it is the custom to hire a teacher for a year of two terms, the trustees may not limit the teacher's employment by hiring her for a term, and making the first term three months, beginning a second term in January. (School directors vs Leon, Texas S C, 1900.)

They may disregard a unanimous vote of the district as to the sex of the teacher (D 1677, 98 Mass 587, 69 Pa 103, 56 Vt 551), the wages paid (D. 1864), the conditions of the contract (D 1738, 1831), and the individual selected (D 1665, 1753, 1803, 2114, 44 Mich 500)

Where there is a dispute as to who is elected trustee, a teacher

who enters upon a contract with a person who assumes the office of trustee with some color of right, and who begins work as a teacher, can collect his wages under the contract, even if forcibly prevented from completing his work. It is not necessary for the teacher to wait until the dispute is over before beginning school work. (D 3856; 27 N E 303, 9 Neb 56, 12 N Y 179, 15 N Y 818,35 Hun 111. But see 12 Lea 486.) A contract made by a de facto trustee is valid even though he subsequently be declared not in office. (57 SW 473)

Where a trustee legally vacates his office by removal from the district but continues to act with the other two, he must be regarded as a de facto officer, as far as affects a third party. (54 Pac 185)

Every district in New York, not a union free school district, has either one trustee, or three, or (temporarily) two. See page 51.

If there be but one trustee, it is only necessary that the contract be clearly understood and definitely expressed in writing. See page 84.

If there be three trustees, the law explicitly requires that the contract be made by a majority; and at a meeting of which all three have been notified. (193, D 3582, 4376)

This law prevails in most states.

(52 Ark 511, 42 At 368, 14 How 302, 21 Ill 124, 22 Ill 72, 67 Ill 511, 10 Ill A 643, 24 Ill A 229, 78 Ill A 390, 47 Ia 11, 4 Neb. 254, 12 Neb. 99, 22 Neb. 48, 58 Neb. 582, 27 Ks 120, 10 Lea 344, 47 Mich 626, 78 NW 32, 82 NW 132, 993, 20 Ohio 89, 22 Ohio 144,47 Pac 561, 2 Pa 204, 89 Pa 395, 89 Pa St 395, 13 S W 132, 61 S W 793, 104 S W 172, 12 Vr 112, 59 Wis 518, 102 Wis 261. But see 59 Pac 885)

The notice must state where and when the meeting is to be held. (193, 98 Wis 22)

Mere presence of the third, when no meeting has been called does not make a contract valid, if entered into by the other two when he refuses to join them. (61 S W 793)

The record of the meeting is conclusive evidence as to whether the teacher was hired. (90 N W 680)

The consent of the three trustees separately makes no contract. A contract made by two trustees in the absence of the third from the district may be annulled at any time by a majority of the three. But a contract may be made by two trustees when authorized by the third (D 1910), or by one trustee when authorized to act as agent for the three. (74 Me 462, 46 N W 1053, 48 N W 82, 56 N W 1053, 48 Vt 444)

A contract made by two trustees without consulting the third may be ratified at a subsequent meeting.

(126 Ind 528, 61 Mich 229, 62 Mich 153, 98 Mich 45, 110 Mich 363, 28 N W 105, 764, 45 N W 989, 59 Pac 885. But see 20 W Va 360)

In most states it is held that a tacit concurrence of the third trustee (D 1919), or even by two trustees when the bargain is made with the third in good faith, ratifies a fulfilled contract.

In some states should a board permit a teacher to engage in teaching, by so̟ doing the board approves the contract of the said teacher, whether said approval appears upon the records of the district or not.

(42 Atl 368, 71 Ill 532, 29 Ks 211, 37 Minn 96, 67 Mo 319, 10 Neb 239, 13 Neb 254, 23 Neb 384, 35 Neb 659, 57 Neb 48, 58 Neb 482, 36 N W 554, 45 NW 989, 53 N W 568, 58 N W 482, 77 N W 384, 78 N W 932)

If there be two trustees, in the transition from three trustees to one, or through vacancy, the contract should be made at a meeting of both.

But when one gives to another due notice of a meeting which the other neglects to attend, a contract of the one with a teacher satisfactory to the inhabitants of the district may be approved.

The two may hire a teacher before school meeting for the coming year. (D 4403)

In union free school districts the contract is usually made with the superintendent or the secretary, as agent for the board of education.

The board may delegate to one or more of its members the power to hire and contract with teachers.-S. B. xiv. 83.

This is true also in districts. (74 Me 462, 46 N W 1053, 48 N W 82, 16 Wis 316)

The president and secretary of a schoolboard signed contract for an additional six months service, thinking board would ratify. The board refused to ratify and was sustained. (68 N W 584)

What teachers they may hire

The teacher must be 18 years old.

(550)

Trustees may however contract with a minor if more than 18 years old.

In most states a contract with a minor is binding upon the district but not upon the teacher, who as a minor may decline to fulfil the contract, or having taught for a time may decline to teach longer. (D 2294)

(3 Bart 115, 12 Lea 30, 15 Mass 272, 23 Me 569, 50 Vt 30, 38 Wis 100, 51 Wis 554)

In New York, however, failure on the part of the teacher to complete a contract without good reason is sufficient reason for revoking his certificate.

The laxity of the law toward minors is intended for their exclusive benefit in protecting them from the frauds and deceptions which, owing to their weakness and inexperience, others of riper years might be enabled to practice upon them.

The teacher's wages must be paid to him, and not to his parent or guardian even though he is a minor.

(6 Ala 501, 3 Bart 115, 16 Ia 214, 22 Ia 171, 23 Me 569, 12 Mass 375, 15 Mass 272, 15 Mass 28, 3 Peck 291, 4 S & R 207, 16 Vt 42, 1 Ware 462, See 37 Vt 647)

A minor son living with and supported by his father is not supposed to be his father's agent in procuring a tutor during his vacation. A tutor therefore can not recover from the father in absence of a contract with him. (Peacock vs Lauton, RI SC 1902)

The teacher must not be related to any trustee by blood or marriage, except with the approval of

the voters of such district present and voting upon the question at an annual or special meeting of the district. (564)

A teacher employed in violation of this provision has no claim for wages against the district, but may enforce the specific contract made against the trustees consenting to such employment as individuals. (565)

This prohibition cannot be evaded by the trustee's delegating the hiring to his associatiates (D 1825, 2217) or to the principal of the school (D 2081).

But the hiring of a teacher who is related to the trustee within the prohibited degrees without the requisite consent of the voters at a district meeting being previously secured, is secured by subsequent action of the voters by a vote approving of such employment. The trustee, the teacher, and their relatives, if qualified voters of the district, are entitled to vote upon such a question (D 3758).

Where the district has three trustees, a relative of any one of them cannot be hired by the other two unless a meeting of the district approve of it by a two-thirds vote (721).

The law formerly made the limit of relationship two degrees (395-399), but the amended law makes no limit as to relationship and it is to be construed literally. The trustee cannot hire a teacher who is related to him in any degree(Letter of Sup't Crooker, Aug. 15, 1894)

The prohibition regarding the employment of a relative as a teacher applies to union schools, but may be waived upon consent in writing of of the members of the board of education.

Relationship by marriage ceases upon the death of the wife or husband.

Of course the trustee cannot hire himself. (D 1665, 1753, 1803, 2114, 3 Bush 255, 25 Wis 551)

Nor can he hire his wife.

A contract with the wife of a member of the board of trustees is contrary to public policy and void. The earnings