Iredell County Bd. of Educ. v. Dickson, 379
| Decision Date | 09 April 1952 |
| Docket Number | No. 379,379 |
| Parties | IREDELL COUNTY BOARD OF EDUCATION, v. DICKSON. |
| Court | North Carolina Supreme Court |
Scott & Collier, Statesville, Z. V. Turlington, Mooresville, and M. L. Nash, Statesville, for plaintiff, appellant.
Burke & Burke, Taylorsville, and J. G. Lewis. Statesville, for defendant, appellee.
The defendant was elected principal of Central School for the school year beginning in 1950 and ending in 1951 in strict conformity to the statute now recompiled as G.S. § 115-354. The plaintiff leased the dwelling to him for a term coextensive with his employment. Consequently the propriety of the compulsory nonsuit can not be controverted unless the plaintiff's evidence shows that the employment of the defendant as principal of Central School came to an end prior to the institution of this proceeding in summary ejectment.
The answer to the problem presented by the appeal must be obtained from the statute cited above and the additional statute now recompiled as G.S. § 115-359. No good purpose will be served by setting forth verbatim the somewhat awkward language in which these enactments are couched. Their meanings are to be found in what they necessarily imply as much as in what they specifically express. 50 Am. Jur., Statutes, section 242.
G.S. § 115-354 provides, in substance, that where the school committee of a district in a county administrative unit elects a person to serve as principal or teacher of a school of the district with the approval of both the county superintendent of schools and the county board of education and the principal or teacher so elected executes a written contract covering his employment upon official forms, the contract of employment automatically continues in force from year to year until one or the other of these alternative events occurs: (1) The principal or teacher is dismissed or rejected in the manner prescribed by G.S. § 115-359; or (2) the principal or teacher is affirmatively reelected to serve during the following school year, and fails to give notice to the county superintendent of schools of his acceptance of the renewed employment within ten days after notice of his re-election. Davis v. Moseley, 230 N.C. 645, 55 S.E.2d 329; Kirby v. Stokes Board of Education, 230 N.C. 619, 55 S.E.2d 322.
Although G.S. § 115-354 does not undertake to specify in terms how a principal or a teacher is to be re-elected, it does imply that he is to be re-elected in the same manner in which he was originally elected. This is so for the very simple reason that one is re-elected when he is elected again or anew. G.S. § 115-354 explicitly declares that the school committee of a district in a county administrative unit shall elect the principals and the teachers for the schools of the district, 'subject to the approval of the county superintendent of schools and the county board of education. ' Under this statute and G.S. § 115-112, the election of a principal or teacher by the school committee of a district has no validity whatever until such election has been approved by both the county superintendent of schools and the county board of education. 56 C.J., Schools and School Districts, section 319.
When G.S. § 115-359 is read aright, it provides these things by express declaration or necessary implication: The school committee of a district in a county administrative unit has power to dismiss or reject a principal or teacher of a school of the district as of the end of the current school year, but such dismissal or rejection is subject to the approval or disapproval of the county board of education and has no validity whatever until it has been approved by the county board of education. And even though the county board of education approves the action of the district school committee in dismissing or rejecting a principal or teacher as of the end of the current school year, the dismissal or rejection does not become effective unless the county superintendent of schools notifies the principal or teacher by registered mail of his dismissal or rejection prior to the close of the current school term.
Where a power is intrusted to a board, such as a county board of education, composed of different individuals, the board can exercise such power only in a regular or special meeting attended by at least a quorum of its members. It can not perform its functions through its members acting individually, informally, and separately. Town of...
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...S.E.2d 226 (1959); Edwards v. Board of Education of Yancey County, 235 N.C. 345, 70 S.E.2d 170 (1952); Iradell County Board of Education v. Dickson, 235 N.C. 359, 70 S.E.2d 14 (1952). However, for present purposes it is not necessary to determine that On July 25, 1974, plaintiff filed the p......
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Nova University v. Board of Governors of University of North Carolina
...conferrals, but also the teaching of curricula which lead to such conferrals. Thus, argues the Board, citing Board of Education v. Dickson, 235 N.C. 359, 70 S.E.2d 14 (1952), the meaning of this statute is to be found in what it necessarily implies as much as in what it specifically express......
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...are necessary to effect the intention of the parties unless express terms prevent such inclusion"); Iredell County Board of Education v. Dickson, 235 N.C. 359, 361, 70 S.E.2d 14, 17 (1952) ("[the] meanings [of statutes] are to be found in what they necessarily imply as much as in what they ......