Cooke v. Board of Education, 9402.

• Decision Date: 07 April 1947
• Docket Number: No. 9402.,9402.
• Citation: 161 F.2d 877
• Parties: COOKE v. BOARD OF EDUCATION et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

161 F.2d 877 (1947)

COOKE v. BOARD OF EDUCATION et al.

No. 9402.

United States Court of Appeals District of Columbia.

Argued March 12, 1947.

Decided April 7, 1947.

Mr. Leonard S. Hayes, of Washington, D. C., with whom Mr. Frank D. Reeves, of Washington, D. C., was on the brief, for appellant.

Mr. Chester H. Gray, of Washington, D. C., Principal Assistant Corporation Counsel, D. C. with whom Messrs. Vernon E. West, Corporation Counsel, D. C., and Edward A. Beard, Assistant Corporation Counsel, both of Washington, D. C., were on the brief, for appellees.

Before GRONER, Chief Justice, and EDGERTON and CLARK, Associate Justices

GRONER, C. J.

Appellant is a teacher in the public school system of the District of Columbia. His appointment was made permanent on March 26, 1942. In May, 1944, he requested leave of absence in order to teach illiterate soldiers at an army camp in Maryland. Such service was officially recognized by the school authorities as "vital to the National Defense and the War Effort," and leave of absence was granted June 4, 1944, to expire June 30, 1944. This was later extended to June 30, 1945. In both instances it was optional with the school authorities whether to grant or to refuse. During appellant's absence he received no salary from the School Board and his school duties were discharged by a substitute. His services at the army camp ended in October, 1944, and in November, 1944, appellant returned to his school work. He was absent for only twenty-six days in the fiscal year 1943-44. The record here shows that appellant was awarded credit by the school authorities for teaching experience as an instructor at the army camp, and this credit under the statute entitled him to additional consideration in his subsequent advancement in the system, precisely as would have been the case if the credit were earned for school teaching.

The question for decision here is whether, during his leave of absence, he retained his status as a "permanent teacher" in the District of Columbia school system. The question arises by reason of a statute of the District of Columbia which provides that

"On the first day of each fiscal year July 1, if his work is satisfactory, every permanent teacher, * * * shall receive an annual increase in salary within his salary class or position as provided in section 31 — 621 without action of the Board of Education."¹

The companion section referred to in the above quoted statute is a provision for classification and assignment of teachers in the system, and in the concluding part thereof provides —

"* * * That in crediting experience in teaching of any person who has been absent from his duties as a teacher because of military service the said board is hereby authorized to include naval, military, or other service with the armed forces of the United States Government or its allies as the equivalent of teaching experience * * *"². (Italics added.)

If appellant had taken no leave of absence and had continued in his teaching job until July 1, he would, under the provisions of § 31 — 626, as both sides agree, have been entitled to an automatic increase of $100.00 a year in salary and certain other rights affecting promotions, etc. The Auditor of the District, however, denied him this increase in pay on the ground that having assumed the teaching job with the armed forces prior to July 1, he was not on that date "permanently" employed. The District Court of the United States sustained the Auditor in this regard. We are of opinion that the Auditor and the District Court incorrectly decided the question.

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