Neal v. The Bd. Of Educ. Op The County Of Putnam, (No. 8279)
| Citation | 116 W.Va. 435 |
| Decision Date | 17 September 1935 |
| Docket Number | (No. 8279) |
| Court | West Virginia Supreme Court |
| Parties | C. A. Neal v. The Board of Education op the County of Putnam, A Public Corporation, et al. |
Schools and School Districts
The power of a county superintendent of schools to transfer, etc., teachers under Acts, First Extraordinary Session 1933, 8-IV-10(3), may be used only for regulation and in emergencies. Even then it must be exercised in a reasonable manner. The best interests of the schools must be intended. Arbitrary or capricious use of the power will not be permitted.
Mandamus proceeding by C. A. Neal against the Board of Education of Putnam County and others.
Writ issued.
Barnhart & Trotter, for relator. C. E. Copen, for respondents.
This action involves the right of the respondent, Board of Education (hereinafter usually called the Board), to change the assignment of relator, Neal, a school teacher, from one school to another. Neal protests the change, in this proceeding.
The material facts are not in controversy. On May 6, 1935, the Board met at the courthouse of Putnam County in compliance with Acts, First Extraordinary Session 1933, 8-V-4, which provides: "The board shall meet at the courthouse of the county on the first Monday in May in each year and shall appoint the teachers for their district." At that meeting relator Neal was appointed principal of Winfield graded school in Scott District. On that same day a school contract, in the form prescribed by the State Superintendent of Schools, was signed by Neal and by the president and secretary of the Board, which recited Neat's appointment by the Board as principal in the public schools of Putnam County for a term of nine months, beginning September 2, 1935, and which fixed his salary at $149.67 per month. On August 30, 1935, Neal received the following notice from the Board: "This is to certify that C. A. Neal was designated as principal of Valley Belle School at a meeting of the Board of Education held at Winfield, August 20, 1935." Neal resides in Scott District and the Valley Belle School is in another district, seventeen miles further from his home than the Winfield graded school.
Neal testified that he was informed by A. T. Jordan, a member of the Board, that he (Jordan) caused the transfer of Neal from the one school to the other by reason of a personal matter between the two. Neal also testified that he was informed by respondent, D. R. Knapp, Superintendent of Schools of Putnam County, that he (Knapp) did not approve the transfer, but considered it improper.
Carl B. Miller, a member of the Board, testified that he attended its meeting on August 20, 1935, and upon motion of A. T. Jordan, the Board "without any advice or being informed that it would be for the best interest of said schools, or for any other reasons given for (by) the superintendent of schools of said County proceeded to re-assign approximately forty-seven teachers in said Putnam County who had been by said Board assigned to their schools on May 6, 1935, one of said teachers so affected by the order of said Board made on August 20, 1935, being C. A. Neal, who had theretofore been...
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State v. Board of Education of City of Duluth, 33214.
...faith and for the best interest of the school district and must be based upon actually existing school conditions (Neal v. Board of Education, 116 W.Va. 435, 181 S.E. 541; White v. Board of Education, 117 W.Va. 114, 184 S.E. 264, 103 A.L.R. 1376), and not for the purpose of compelling a tea......
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State ex rel. Bd. of Educ. of Kanawha County v. Casey
...not be permitted. Beverlin v. Board of Education of Lewis County, W.Va. [1067], 216 S.E.2d 554 (1975); Neal v. Board of Education of Putnam County, 116 W.Va. 435, 181 S.E. 541 (1935). Mandamus will lie to control a board of education in the exercise of its discretion only upon a showing of ......
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Board of Educ., Lincoln County v. MacQueen
...directly into the circuit court on a writ of certiorari. A different type of remedy was permitted in both Neal v. Board of Education, 116 W.Va. 435, 181 S.E. 541 (1935), and White v. Board of Education, 117 W.Va. 114, 184 S.E. 264 (1936), where we granted original petitions in mandamus to t......
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Wysong v. Walden 1
...of teachers. White v. Board of Education of Lincoln County, 117 W.Va. 114, 184 S.E. 264, 103 A.L.R. 1376; Neal v. Board of Education of Putnam County, 116 W.Va. 435, 181 S.E. 541. In the syllabus of the last mentioned case, this Court said: "The power of a county superintendent of schools t......