Garland v. Riebe

Citations

• 78 Pa. Super. 567
• 1922 Pa. Super. LEXIS 161

Syllabus

<p>School Gode — Act of May 18, 1911, P. L. 809, section 1207— Teachers — Appointment—Relatives of directors — Void contracts.</p> <p>Section 1207 of the School Code provides that ho school board in this Commonwealth shall employ as a teacher the daughter of any member unless it be by the affirmative votes of three-fourths of all tile members.</p> <p>If the statutory requirements are not observed in the employment of a teacher, the employment is not authorized by law, and the contract is void.</p> <p>School Gode — Act of May 18, 1911, P. L. 809, section 1205— Amendment of May 28, 1919, P. L. 261, section 1205 A — Districts of the third class — Teacher’s salary — New contract — Cancellation of existing contract.</p> <p>Section 1205 of the School Code requires that contracts with teachers in districts of the third class must be in writing. The amendment of May 23, 1919, P. L. 261, section 1205 A, provides that a new contract, specifying an increase in a teacher’s salary can only be entered into after cancellation, by mutual consent, of existing contracts.</p> <p>A school board cannot increase a teacher’s salary, or authorize its superintendent so to do, without observing the statutory requirements.</p> <p>Mandamus to compel the president of a school board to sign an order for a teacher’s salary was properly refused, where the teacher had been regularly employed as a grade teacher, and the order was for payment of salary at an advanced rate as kindergarten teacher, a position to which she had been appointed by the superintendent of the district, after failure to be elected by the board in the legal manner.</p>