Parrick v. School District No. 1

Citations

• 100 Kan. 569
• 164 P. 1172
• 1917 Kan. LEXIS 376

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Teacher — Irregular Employment — Ratification. Where a teacher was employed by the members of a school board without a formal meeting of the board and a contract was signed by two members of the board engaging her services for a school term of eight months, and the contract delivered to her, and under such irregular employment she was permitted to teach for four months, and school warrants for her services signed by the members of the board were issued each month in her favor and she was paid pursuant thereto in accordance with her contract, the circumstances recited amount to a ratification of her irregular contract of employment.</p> <p>2. Same — Midwinter Vacation — Extended by Teacher — Negligence— Staticte. Where a school board informally determines to have a midwinter vacation of two weeks on account of bad roads and shortage of coal, and the teacher occupies her vacation by getting'married and postpones the reopening of school for another week on that account, notifying the board of her purpose to defer the reopening of the school but not receiving their assent thereto, the conduct of the teacher in failing to reopen the school at the time informally determined upon by the board is a question of negligence governed by section 8975 of the General Statutes of 1915.</p> <p>3. School Teacher — Negligence — Dismissed—Concurrence of County Superintendent. The statute governing the dismissal of a teacher for negligence requires the concurrence of the county superintendent, without which a dismissal of the teacher by the board does not relieve the' school district from liability to the teacher under the contract of employment. •</p>