Ewin v. Independent School District No. 8

Citations

• 10 Idaho 102
• 77 P. 222
• 1904 Ida. LEXIS 14

Syllabus

<p>Teacher’s Contract — Power op Trustees to Dismiss Teacher — Discretion op Trustees.</p> <p>1. A contract between a teacher and a school district wherein E. is designated as party of the first part, and “The Board of Trustees of School District No. 8,” etc., designated as the party of the second part, and the contract is signed by E. and the individual members of the school board whose names are followed by the further subscription: “The Board of Trustees of School Dis-triet No. 8, in and for the County of Shoshone, State of Idaho,” it is held to be a sufficient compliance with section 34 of the school act (Sess. Laws 1899, p. 92) to constitute such agreement the contract of the school district and enforceable as such.</p> <p>2. Under section 45 of the school law which authorizes a board of trustees to discharge a teacher “for neglect of duty, or any cause that, in their opinion, renders the services of such teacher unprofitable to the district,” but requires that “no teacher shall be discharged before the end of his term without a reasonable hearing,” held, that before such a teacher can be removed he must have notice and an opportunity to be heard.</p> <p>3. Under section 84 of same act, which empowers the board of trustees of an independent school district “to employ or discharge teachers” without specifying any cause or requiring any notice to the teacher, such board has unlimited and unrestricted power to dismiss either with or without notice to the teacher, and the exercise of such discretion by the board is not subject to review or control by the courts.</p> <p>(Syllabus by the court.)</p>