Brown v. Board of Education of Blount County, 6 Div. 921.

• Decision Date: 15 January 1942
• Docket Number: 6 Div. 921.
• Parties: BROWN v. BOARD OF EDUCATION OF BLOUNT COUNTY.
• Court: Alabama Supreme Court

5 So.2d 629

242 Ala. 154

BROWN v. BOARD OF EDUCATION OF BLOUNT COUNTY.

6 Div. 921.

Supreme Court of Alabama

January 15, 1942

Marion F. Lusk, of Guntersville, for appellant.

J T. Johnson, of Oneonta, for appellee.

THOMAS, Justice.

The bill sought construction and application of complainant's status as a teacher in the public schools under § 10 of the Teacher Tenure Act. Code 1940, T. 52, § 360. The pertinent provisions of said act are given place in our Code of 1940 T. 52, § 351 et seq.

The act defines the term teacher as one who may be employed as an instructor, principal or supervisor in the public elementary or high schools of the state. Section 352 of the act is as follows: "Any teacher in the public schools, who shall meet the following requirements, shall attain continuing service status: (a) Such teacher shall have served under contract as a teacher in the same county or city school system for three consecutive years and shall thereafter be re-employed in such county or city school system. (b) Such continuing service status can be conferred only by the re-employment of such teacher for the school year beginning in the fall of 1940, or for some subsequent school year." (Italics supplied.)

The respective claims of the parties at interest in this proceeding, as set out in the pleadings, are to the effect that on October 3, 1940, complainant-appellant filed her bill of complaint, alleging that she was a teacher in the public schools of Blount County, Alabama, during the school year 1939-40, teaching at Woodard School at a salary of $65 per month; that the defendant did not during that school year on or before May 1, 1940, cause notice in writing to be given her that she was not or would not be re-employed for the succeeding school year at the same salary; that complainant before the beginning of the 1940-41 school year informed defendant of her readiness, ability and willingness to perform the duties required of her as a teacher for the coming year, but that defendant failed and refused to recognize complainant as a teacher; that it has failed and refused to assign her to a school or to any teaching service and has failed and refused to pay her salary of $65 per month; that defendant has pretended and claimed that it could not employ complainant because she had taught for only one year, but that defendant in filling vacancies for the 1940-41 term has employed other teachers who had taught for only one year and has even employed teachers residing outside of Blount County for the year 1940-41. The bill also alleged the existence of a dispute between the parties as to complainant's rights, status or legal relations with defendant under the Teacher Tenure Law and prayed for specific performance of the contract, for a judicial declaration of her rights, for a judgment against defendant, and for general relief.

Defendant's answer, as amended, admitted the employment and admitted that it had not during the school year 1939-40 on or before May 1 1940, caused written notice to be given complainant that she was not or could not be re-employed for the succeeding school year at the same salary; admitted that it had employed other teachers with only one year's teaching experience and had employed teachers residing outside of Blount County for the year 1940-41, but denied that it had pretended or claimed it could not employ complainant on the ground that she had taught only one year.

The answer then set up the following matters: (1) That defendant had not been informed prior to the service of the summons of complainant's readiness, ability and willingness to perform teaching service; (2) that complainant breached her 1939-40 contract by failing to teach for the minimum term of seven scholastic months without being excused therefrom by the superintendent, and that defendant had never condoned said breach; (3) that defendant near the end of the school year 1939-40 sent complainant a contract for the next school year but that said contract was never returned; (4) that complainant knew or should have known, that the Woodard School was to be consolidated with the Appalachian School beginning with the 1940-41 school year, and the Woodard School abandoned and its pupils enrolled in Appalachian School and her services would no longer be needed at Woodard School; (5) that complainant "has not to this day come to the office of the Superintendent to seek employment for the year 1940-41 or asked for an assignment to a school as required by the policy and rules of the Superintendent and Board;" (6) that complainant by seeking teaching employment in another county for the school year 1940-41 manifestly abandoned any contract she might have had with the Superintendent or Board; and (7) that complainant breached § 3 of her 1939-40 contract by employing her sister to teach in her place for eight school days while complainant was sick, said sister not having a teacher's certificate and not being qualified as a teacher or a substitute teacher, and that defendant has never condoned said breach.

The effect of the testimony is that in addition to confirming the admitted allegations of the complaint, the complainant sometime in March, 1940, went to Supt. Maynor's office and asked if she could arrange to end her school a week earlier in order to go to the State Teachers' School at Jacksonville and prepare herself for a first grade certificate. Mr. Maynor was out, but his secretary Miss Grace Fendley, after discussing the matter with complainant told her that as between the two methods of teaching an extra hour each day, or teaching each Saturday for five Saturdays the latter method was the better. Complainant did carry out said suggestion, and without objection or even criticism from a single patron of the school, taught school for five Saturdays, the last day on which she taught being Saturday, April 27th, the regular closing of the school having been scheduled for May 3rd; that complainant borrowed money to go to Jacksonville but was prevented by her parents on the ground that her health would be endangered.

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