Singleton v. Iberville Parish School Board

136 So. 2d 809, 1961 La. App. LEXIS 1662
CourtLouisiana Court of Appeal
DecidedDecember 27, 1961
Docket5448
StatusPublished
Cited by5 cases

This text of 136 So. 2d 809 (Singleton v. Iberville Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singleton v. Iberville Parish School Board, 136 So. 2d 809, 1961 La. App. LEXIS 1662 (La. Ct. App. 1961).

Opinion

136 So.2d 809 (1961)

Louise SINGLETON
v.
IBERVILLE PARISH SCHOOL BOARD.

No. 5448.

Court of Appeal of Louisiana, First Circuit.

December 27, 1961.
Rehearing Denied February 6, 1962.
Certiorari Denied March 16, 1962.

*810 Johnnie A. Jones, Baton Rouge, for appellant.

Samuel Cashio, Dist. Atty., Maringouin, Chas. H. Dameron, Asst. Dist. Atty., Port Allen, for appellee.

Before ELLIS and HERGET, JJ., and MILLER, J. pro tem.

MILLER, Judge pro tem.

This is an appeal from the decision of the trial court sustaining the dismissal by the school board of the appellant, Louise Singleton, (a teacher entitled to the benefits and protection of the teachers' tenure law) for alleged incompetence. Appellant was dismissed following a public hearing before the Iberville Parish School Board on May 14, 1957. By registered mail, dated April 24, 1957, appellant was notified that she was formally charged with 28 counts of incompetency. The charges were signed by L. J. Hoffman, Parish Superintendent, and attached to the letter of notification. The charges, notification and transcript of the public hearing held by the school board form a part of the record, and appellant does not complain of any irregularity or informality with regard to the proceedings before the school board.

Some of the charges are general in their nature and some are duplicative and overlapping to a degree. However, appellant did not seek to have any of the charges particularized, nor did she ask to have the redundant charges stricken. In substance the charges allege that appellant fails to maintain proper discipline and decorum in her classroom; she is unable to control her temper and restrain her voice to well modulated tones to the detriment of teacher-pupil relationship; she lacks the ability and desire to maintain an attractive classroom arranged to further the best interest of the pupils; she is incapable of properly planning lessons and utilizing modern teaching aids to best advantage; she is deficient in grammar, spelling, punctuation and general knowledge to such an extent that she cannot properly impart knowledge to her students on these subjects; she failed to qualify for waiver of practice teaching as provided for by State Board of Education Resolution of April 11, 1949; she fosters a spirit of fear and animosity on the part of her pupils to such a degree as to cause them to lose their respect for her authority; she allowed herself to become so overweight as to seriously impede her functions as a teacher; and she does not protect school property.

The facts controlling this case, as found by the district judge and amply supported by the evidence are as follows:

"* * * plaintiff, a third grade teacher in a negro elementary school of Iberville Parish, was employed by defendant school board in or about 1943, at which time she did not have a college degree and was not a fully accredited teacher. Plaintiff had three years experience in teaching prior to her employment by defendant and following said employment she continued her studies toward a degree in education and ultimately received a B. A. Degree in Education from Southern University in January, 1958, following her dismissal by defendant school board. At the time of her discharge in May, 1957, plaintiff was approximately 48 years of age. Although plaintiff's exact height and weight are not shown in the record the court, predicated upon personal observation of plaintiff in the courtroom and pictures of plaintiff introduced during the trial, the court is of the opinion plaintiff is approximately five (5') feet three (3") inches in height *811 and weighs in excess of three hundred (300) pounds. Upon plaintiff's graduation from Southern University subsequent to her discharge she was issued a Type A teacher's certificate (valid for life for continuous service) by the State Department of Education on March 3, 1958.

"Mr. Sam A. Distefano, Supervisor of Schools, Iberville Parish, for two years preceding plaintiff's discharge and prior thereto Visiting Teacher for a period of eleven years, testified that as visiting teacher he made many visits to plaintiff's classroom in the interest of pupil attendance on which occasions he observed many glaring examples of inefficiency and incompetence but made no report thereon to the school board because as visiting teacher he was concerned only with student attendance and not teacher efficiency. Upon his promotion to Supervisor he received complaints from principals regarding plaintiff's ability and efficiency and predicated upon said complaints and his own past observations while serving as visiting teacher, he decided to investigate the matter of plaintiff's competency. Accordingly, Distefano made numerous personal visits to plaintiff's classroom (some lasting only five or ten minutes and some of one hour or more duration) in order to make first hand observation of plaintiff's technique as a teacher. In the course of these visits he noted an almost complete lack of discipline in plaintiff's classes with the pupils being permitted to walk around the room at will without protest or correction on the part of plaintiff. He observed that students who talked without permission were not reprimanded and whatever instructions plaintiff gave she uttered in a harsh tone of voice indicating an obvious lack of diplomacy and an evident air of aggravation toward the students. Her voice and attitude frequently exhibited a feeling of irritation, displeasure and impatience toward the pupils in that she shouted instructions and ordered them about. Her general demeanor was such that she demanded rather than earned the respect of her pupils with the result they appeared to fear and dread rather than respect her. Opportunities for cheating on examination were given her pupils by improper seating arrangements which placed desks so close together as to readily permit one student to look at his neighbor's examination paper and prohibit plaintiff from circulating about among the students to eliminate cheating. Not only did plaintiff provide opportunity for cheating she permitted cheating in her presence to proceed unchecked, allowed students to correct their own examination papers and retain test papers over the recess period in which interval students were afforded the opportunity to obtain answers to examination questions from classmates. Generally plaintiff seated her pupils in a `U' shaped arrangement with the open end of the `U' facing the blackboard thus leaving a large unused area in the center of the room. This arrangement necessitated approximately one-third of the class directly facing the windows in the room and being exposed to the glare therefrom throughout the day. Because of this arrangement a large portion of the class was seated at right angles to the black board instead of the entire class being seated so that all would face directly toward the wall on which the blackboard was situated. In observing plaintiff in the conduct of her classes Mr. Distefano noted many mistakes in her grammar and in her pronunciation. He observed a lack of knowledge on her own part as well as inadequate planning and coordination of instruction and noted her poor technique in correlating examples for purposes of illustration. During warm weather plaintiff constantly employed one hand in fanning herself in an attempt to remain comfortable which action impeded her speech and disturbed her class.

"Mr. L. G.

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Bluebook (online)
136 So. 2d 809, 1961 La. App. LEXIS 1662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-iberville-parish-school-board-lactapp-1961.