State Ex Rel. Piper v. East Baton Rouge Parish School Board

35 So. 2d 804, 213 La. 885, 1948 La. LEXIS 905
CourtSupreme Court of Louisiana
DecidedJune 15, 1948
DocketNo. 38304.
StatusPublished
Cited by21 cases

This text of 35 So. 2d 804 (State Ex Rel. Piper v. East Baton Rouge Parish School Board) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Piper v. East Baton Rouge Parish School Board, 35 So. 2d 804, 213 La. 885, 1948 La. LEXIS 905 (La. 1948).

Opinion

HAWTHORNE, Justice.

Relator, C. B. Piper, instituted this suit for reinstatement as principal of the McKinley High School situated in the Parish of East Baton Rouge, and for payment of his salary from the date of his discharge, which he contends was illegal, at the rate of $2,756.00 per annum, payable monthly.

It is relator’s contention that lie has satisfactorily performed all of the required duties as principal of the school for a pro *889 bationary term of three years, and has acquired tenure and become a permanent teacher under the provisions of Section 48 of Act No. 100 of 1922, as amended by Act No. 58 of 1936; that his attempted dismissal by the School board is null and void and of no force and effect in that the school board did not comply with the provisions of the act in certain specified details and particulars, and, further, that certain charges filed with the school board were false and untrue and not based upon any law or valid reason, and that the action taken by the school board in respect thereto was illegal, null, and void. In the alternative he alleges that, in the event this court should find that he has not acquired tenure and became a permanent teacher as provided by the laws of thlt state but was a probationary teacher, then his purported dismissal was null and void and contrary to the above cited act in that (1) no written recommendation, accompanied by valid reasons therefor, of the superintendent of schools of East Baton Rouge Parish was ever presented to the school board, and (2) he was not at any time advised or notified in writing by the school board that he had been discharged and dismissed.

The facts pertinent to this decision are these:

Relator was first appointed principal of the McKinley High School on August 20, 1942, as disclosed by certified copy of resolution of the East Baton Rouge Parish School Board attached to his petition, this employment being for the scholastic year 1942-1943. He was continued in this employment for the scholastic year 1943-1944, and on June 21, 1944, was employed for the scholastic year 1944-1945 at a monthly salary of $216.67. His salary was to be increased to the amount of $2,756 a year, payable monthly, for the scholastic year 1945-1946.

On February 26, 1945, Dr. Clark L. Barrow, parish superintendent of schools, informed relator by letter — receipt of which relator acknowledged — that his services were not satisfactory and that he, as parish superintendent, would not recommend relator to the school board for reappointment as principal for the 1945-1946 school session, and that he would not recommend that relator be placed on tenure in the parish school system. This information that Dr. Barrow would not recommend relator as a permanent teacher was again conveyed to relator by the superintendent in April. Dr. Barrow subsequently repeated to relator that he would not recommend him for tenure, and read to relator his recommendation in this matter and valid written reasons therefor, which he intended to submit to the school board at its next meeting to be held on June 7, 1945.

At an official meeting of the school board held on June 7, 1945, all members present, Dr. Barrow refused to recommend relator for permanent tenure, giving his reasons therefor, all in writing. At this meeting *891 Dr. Barrow put. before the board in writing the names of the teachers whom he recommended to be employed in the parish school system for the 1945-1946 session. The minutes of this meeting disclose that the school board unanimously adopted the list as submitted, and that relator’s name was omitted from those to be employed at the McKinley High School. These minutes further show that Superintendent Barrow informed the board that Professor Piper, relator, was not recommended for reappointment and permanent tenure as principal of the McKinley High School because his services had been unsatisfactory.

On June 21, a few days after this meeting of the school board, Dr. Barrow informed Professor Piper by letter that the East Baton Rouge Parish School Board at its regular meeting on June 7 did not reelect him as principal of the McKinley High School, and that this action was taken after he had officially advised the board that he, as superintendent, could not recommend Piper for tenure as a permanent teacher because his services had been unsatisfactory.

By formal resolution adopted by the school board at 'its next regular meeting held on September 6, 1945, relator was discharged and dismissed as principal of the high school and was declared to be no longer an employee of the East Baton Rouge Parish School Board. This resolution set out the date of Professor Piper’s first employment and the various notifications made to him by Dr. Barrow that he would not be reemployed (all as set out hereinabove), and especially the fact that Dr. Barrow recommended in writing to the board at its meeting of June 7, 1945, that Piper be dismissed and discharged as an employee, accompanying this recommendation by valid written reasons therefor, and that the board concurred in, and adopted, this written recommendation of Dr. Barrow. In a letter dated September 7 relator was informed that he was discharged and dismissed as principal of the school and as an employee of the board, and a copy of the resolution adopted September 6 was enclosed with this letter.

On September 20, 1945, the present suit was instituted against the East Baton Rouge Schgol Board and the parish superintendent of schools. After trial on the merits, relator’s demands were rejected, and he has appealed.

Respondents concede that, if relator has acquired tenure and is a regular and permanent teacher, the school board’s action in discharging him without a hearing, and not in the manner provided for the discharge of a permanent teacher by the act, is without effect. The first question for our consideration, then, is whether Professor Piper has acquired the status of a permanent teacher within the meaning of Section 48, Act 100 of 1922, as amended. The second paragraph of that section reads as follows:

“Each teacher shall serve a probationary term of three years, such probationary term *893 to be reckoned from the date of his first appointment in that pa/rish in which the teacher is serving his probation. During said probationary term the parish school board may dismiss or discharge any probationary teacher upon the written recommendation, accompanied by the valid reasons therefor, of the superintendent of schools of that parish.” (Italics ours.)

The trial judge concluded, and, we think, correctly so, that, since relator was first appointed principal on August 20, 1942, his probationary term of three years expired on August 20, 1945. The act in plain terms provides that each teacher shall serve a probationary term of three years, which means three years from the date of his first appointment— that is, three years consisting of 12 months each. To hold otherwise, this court would, in effect, be legislating instead of interpreting the quoted provisions of the act.

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Bluebook (online)
35 So. 2d 804, 213 La. 885, 1948 La. LEXIS 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-piper-v-east-baton-rouge-parish-school-board-la-1948.