State ex rel. Anderson v. Brand, 26560.
| Court | Supreme Court of Indiana |
| Citation | 214 Ind. 347,7 N.E.2d 777 |
| Docket Number | No. 26560.,26560. |
| Parties | STATE ex rel. ANDERSON v. BRAND. |
| Decision Date | 27 April 1937 |
STATE ex rel. ANDERSON
v.
BRAND.
No. 26560.
Supreme Court of Indiana.
April 27, 1937.
On petition for rehearing.
Petition denied.
For former opinion, see 5 N.E.(2d) 531.
TREANOR, J., dissenting.
Appeal from Wabash Circuit Court; Frank O. Switzer, Judge.
Plummer & Plummer, of Wabash, and Paul R. Shafer and Thomas F. O'Mara, both of Terre Haute, for appellant.
Raymond Brooks, of North Manchester, for appellee.
FANSLER, Judge.
On petition for rehearing, appellant earnestly contends that the decision of this case gives a retroactive effect to a statute, and permits the impairment of the obligation of a binding contract. The original opinion was intended to be
[7 N.E.2d 778]
understood as expressing the view that no contractual right to be continued as a teacher from year to year is involved. The teachers' contracts are made for one year, and the terms may be changed annually. The tenure statute (Burns' Ann.St.1933, § 28-4307), in effect, grants a privilege to the teacher who has served five years, and signed a new additional contract to continue as a teacher, under certain conditions, by limiting the power of the local school officers to employ any one in the place of a tenure teacher. The teacher had no contractual right to continue in employment. The statute merely deprived the local school officers of power to employ any other teacher in place of the tenure teacher, and required that the tenure teacher be re-employed unless there was a necessary reduction in the number of teachers. Schools are under the control of the Legislature, and local governmental units act only as legislative agencies in the operation of the schools. The statutes, the Constitution, and the law, must be deemed to be a part of every teacher's contract. If appellant's contention could be sustained, it would mean that the statute, as it existed at the time a teacher acquired tenure status, could not be changed, even in respect to the grounds of cancelation or removal.
As pointed out in the original opinion, the Legislature, in enacting school laws, exercises one of the functions of sovereignty. The right to control public policy, in respect to the management and operation of schools, cannot be contracted away by one Legislature so as to fix a permanent public policy, unchangeable by succeeding Legislatures.
But, if the relationship were considered as controlled by the rules of private contract, the provision for re- employment from year to year is not...
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Smigel v. Southgate Community School Dist., 50
...... Federation of Teachers, the American Federation of State, County and Municipal Employees, the Michigan Employment ... State ex rel. Anderson v. Brand, 214 Ind. 347, 5 N.E.2d 531, 913, 110 ......
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