Clay v. Independent School District

187 Iowa 89
CourtSupreme Court of Iowa
DecidedSeptember 26, 1919
StatusPublished
Cited by10 cases

This text of 187 Iowa 89 (Clay v. Independent School District) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clay v. Independent School District, 187 Iowa 89 (iowa 1919).

Opinions

Weaver, J.

There is in this case but little dispute upon the essential facts, and the general situation may be stated as follows: The independent school district of Cedar Falls maintains five or more separate schools, housed in separate buildings, owned and used by the district for that purpose. In the same territory, or adjacent thereto, is located the Iowa State Teachers’ College, formerly better known as the Iowa State Normal School. In one of its buildings, the college maintains a normal training school, and, by an arrangement between the college and the district, authorized by statute for that purpose, all pupils of school age residing in a certain section of the district are required to attend the school conducted in said normal training building, where they are instructed by teachers employed by the college. The remainder of the school population of the district attends the public schools in the buildings first above mentioned. As is well known, the chief purpose for which the State Teachers’ College was founded and is maintained is the education and training of its students for service as teachers in the public schools and other institutions of learning in which they may find, employment. Neither party to this litigation questions the propriety or regularity of the matters thus far related, but they afford material aid in making clear what follows.

[92]*92The board of directors of the district and the college authorities entered into an agreement whereby certain of the more advanced students of the college, usually members of its graduating class, came into certain of the public schools, and undertook to teach or instruct a certain designated grade or class of pupils during a part of the day, such teaching being done and instruction given under the supervision, advice, and criticism of the public school teacher in regular charge of the room. This teacher, while so engaged in supervising and directing the student teachers in said service, was known and is spoken of in the record as a “ciitic teacher.” Prior to the beginning of this action, the student teachers were not required to have certificates from the state superintendent of public instruction, and they served without salary or wages from the district, and without written contract with the district; but, by reason of such service, they received certain credits in their examination for graduation from the college. It also appears that, in the employment of teachers to have charge of the public schools where the foregoing plan of work was followed, the board of directors agreed to. take into consideration the recommendations of applicants by the college and by the city superintendent of schools; but there is no evidence that the board surrendered or delegated its right or authority to act in such matters upon its owii uncontrolled judgment, as should seem to it best for the benefit of the schools. It is further conceded that the teachers having special charge of these rooms were employed and paid by the district less than full-time wages, ahd were paid by the college for so much of their time as was given to their work as critic teachers.

At the outset of this action, the plaintiffs, who are ►residents and taxpayers of the district, challenged the regularity and legality of said arrangement, and by their original petition prayed that a writ .of mandamus issue, commanding the defendants to discontinue employment of, or [93]*93permission to, any person to teach in any of the schools of the district, except persons legally qualified or authorized to serve in that capacity, and further asked a writ of injunction, to forbid the payment or expenditure of moneys or funds, of the district to any teacher employed as a critic teacher, or who was, in fact, devoting his or her service, in whole or in part, to teaching or supervising students of the college. After the petition had been filed, and doubtless for the purpose of removing, if possible, any objection to the student teachers because they did not hold certificates, application was made to the state superintendent to issue to them provisional certificates,'as authorized by Section 2734-p2, Code Supplement, 1913. The application was granted, the certificates were issued by the state superintendent, and forwarded in the usual course to the county superintendent, to be by him recorded and delivered to the persons therein named. This fact coming to the knowledge of the plaintiffs, they amended - their petition, stating the fact of the issuance of the certificates, alleging that they had been issued improvidently and without proper showing therefor, and that there was no occasion or necessity for the employment of additional teachers in the schools of the district. Upon these allegations, an injunction was asked and granted against the county superintendent, who was made a defendant íd the case, forbidding the delivery of the certificates to the persons for whom they were intended. Neither the state superintendent, who issued the certificates, nor the student teachers in whose favor they had been issued, were made parties to the proceeding, and the record does not reveal upon what showing or evidence the state superintendent acted in granting the certificates, except an indorsement upon each certificate, showing the credits accepted in lieu of an examination upon educational qualifications of the applicant.

In answer, the defendants denied the employment of [94]*94any teacher or teachers in violation of law, or the expenditure of the funds of the district for the service of uncertified teachers, and denied having .permitted the use of the school buildings or property for any use inconsistent with the purposes for which such buildings and property have been provided.

There is much said in the petition concerning the details of the management of these schools, the method and manner of the instruction given the class or grade served by the student teachers, and the alleged ill effects of the arrangement complained of; but, there being little, if any, evidence in support of these allegations, and no insistence upon them in argument, we do not' take time to recite them here.

The evidence in the case is, for the most part, given by teachers connected with the schools and college, who were minutely examined and cross-examined concerning the so-called co-operative plan existing between the schools and the college; but the ultimate effect of the facts developed is fairly reflected in what we have already stated. It is made to appear that the use of student teachers in some form had been continued through several school years; and, while the plan of the arrangement had, on one or two occasions, been reduced to writing, in the .form of a proposal by the college, and submitted to the board; no formal con tract appears to have been executed. It was first inaugurated in the kindergarten, at the request of the board of directors of the school district, in the belief that this department would thereby receive superior advantages, and was later, from time to time, extended to include some one grade in other schools, the plan of conducting it being arranged and developed by consultation between the president of the board, the city superintendent of schools, and some representative of the college. Such plan at'1 all times included a condition by which the salaries of teachers di[95]*95viding their time between the service of the district and#the service of the college should be apportioned and paid by the district and college in like ratio.

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Bluebook (online)
187 Iowa 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-independent-school-district-iowa-1919.