Marion v. Board of Education

Citations

• 97 Cal. 606
• 20 L.R.A. 197
• 32 P. 643
• 1893 Cal. LEXIS 599

Syllabus

<p>School Law — Dismissal of Teacher — Employment for a Year — Continuance after Term — Power of Board of Education. — Where the records of the hoard of education of a city recite that the hoard “ went into executive session for the election of teachers for the ensuing ■ year,” and thereupon certain teachers were declared elected, a teacher so elected, who begins teaching under such authorization, and continues holding after the expiration of the year for two years more without any new employment, is not elected for life, subject to removal only for cause, but may be dismissed at any time after the expiration of year.</p> <p>Id. — Ignorance of Teacher as to Fixed Term, —The ignorance of the teacher as to the term of her employment being fixed for one year only, and her honest supposition that she held a life position, cannot avail her, to prevent a dismissal by the board of education, or to compel payment of salary after such dismissal.</p> <p>Id. — Void Election of Teacher—Holding at Pleasure of Board of Education.—If it be conceded that the board of education had no power to elect a teacher for a year, an election for a year cannot constitute an election for life, but a void election would be no election, and she would hold the position at the mere pleasure of the board, subject to be discharged at any time.</p>