Duncan v. School District No. 8

Citations

• 83 Kan. 580
• 112 P. 102
• 1910 Kan. LEXIS 585

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Schools — Dismissal of Teacher — Procedure. Where the members of a school-district board meet and unanimously agree that a teacher who has been employed and is teaching their district school is incompetent and negligent and should be dismissed, and two members of the board, with the knowledge and consent of the third, meet with the county superintendent and unanimously agree that the teacher should be ■discharged, but take no formal action except that the superintendent directs that the members of the board return to their homes and have a full meeting of the board and prepare and sign a notice of dismissal and have it returned to him for his signature, which is done, and a notice of dismissal is signed by each member of the board and by the county superintendent, and such notice is served upon the teacher, such teacher is thereby dismissed in compliance with the statute.</p> <p>■2. - Tribunal to Determine upon Teacher’s Dismissal. While the school-district board and the county superintendent constitute, in a sense, a tribunal to determine whether a teacher who has been employed and is conducting a school should be dismissed under the provisions of section 7468 of the General Statutes of 1909, it is not necessary that there should be any formal organization of such tribunal; it is sufficient if the board or a majority thereof act in conjunction with the county superintendent in such dismissal.</p> <p>3. - Same. If a school-district board decides to have a meeting with the county superintendent for the purpose of considering the dismissal of a teacher, and two members of the board meet with the county superintendent at a time and place of which the third member has notice, the unanimous decision of the two members of the board and the county superintendent is effective, although the third member of the board unavoidably or intentionally fails to attend such meeting.</p>