Board of School Commissioners v. Wagaman

Citations

• 84 Md. 151
• 35 A. 85
• 1896 Md. LEXIS 98

Syllabus

<p>Public Schools— Teacher's Certificate—Extension of Certificate—Appointment of Teacher by District School Trustees.</p> <p>Code, Art. 77, sec. 63, provides that the certificate of a teacher in the public schools issued by a County Examiner shall continue in force for five years, unless revoked for cause. Art. 77, sec. 11, authorizes the State Board of Education to enact by-laws for the administration of the public schools. One of their by-laws empowers a County Examiner to extend a teacher’s certificate for five years from the original date, and provides that a certificate of the first grade may be renewed without an examination. Plaintiff held a certificate dated July 1, 1886. The County Examiner first extended this certificate to July 1, 1889, then to July 1, 1892, and afterwards to June 1, 1897. Plaintiff was appointed teacher of a school by the District Trustees in 1886 and continued to serve as teacher and as principal. In February, 1895, the County Board of School Commissioners passed an order annulling all teachers’ certificates, with certain exceptions, after June, 1895, and requiring a re-examination. Plaintiff refused to take the examination, but was re-appointed principal of the school in August, 1895, by the District Trustees. This appointment was rejected by the School Board. Code, Art. 77, sec. 27, authorizes the District Trustees to employ teachers, holding certificates, subject to confirmation by the School Board. In an action by plaintiff to recover his salary accruing after August, 1895, Held,</p> <p>1st. That assuming that the by-laws of the State Board of Education, authorizing the extension of a teacher’s certificate for five years, was a valid exercise of power, yet the certificate held by the plaintiff had not been extended in compliance therewith, and he did not hold a valid certificate at the time of his re-appointment.</p> <p>2nd. That the appointment of plaintiff by the District Trustees in August, 1895, was also invalid because it was n