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eBook details

• Title: Eastman v. School Dist. No. 1
• Author : Supreme Court of Montana
• Release Date : January 18, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 99 KB

Description

1. Schools and school districts ? Teachers contract ? Necessity of and renewal. Under the statute, no person can be employed to teach in the public schools without a contract with the board of school trustees, and the so-called teachers tenure act does not eliminate the necessity of having a contract; the only effect of the tenure act being to renew the teachers existing contract for another year by operation of law after election for third consecutive year unless notice specified in the statute is given. 2. Schools and school districts ? Notice dispensing with service, character of. To give a teacher an explicit notice that the teachers services would no longer be required so as to meet the requirements of the statute, it was not necessary for the school board to couch the notice in the literal wording of the statute, but it was only necessary that the notice should substantially comply with the language of the statute. 3. Schools and school districts ? Notice sufficient in this case. A notice given to the teacher by the school board that it "decided not to renew your contract" substantially complied with the so-called teachers tenure act requiring a notice that the teachers "services will not be required for the ensuing year" and was sufficient to terminate the teachers contract of employment. 4. School and school districts ? Construction of so-called teachers tenure act. The requirements of the so-called teachers tenure act with regard - Page 64 to notice of termination of employment are not mandatory and need not be strictly construed against the school district in favor of the teacher, but the act should be liberally construed to effect the general purpose of the act. 5. Evidence ? Public records ? Parol evidence. Generally, public records cannot be contradicted or enlarged by parol evidence. 6. Evidence ? Parol evidence ? Collateral proceeding. The rule that parol evidence in a collateral proceeding cannot be received to contradict the records of a public corporation required by law to be kept in writing, or to show a mistake, applies to school district records. 7. Evidence ? Minute books of board of school trustees, rough draft of minutes. In an action by a teacher who had been notified of the termination of her contract for declaration of her status as a teacher, the admission of rough drafts of the minutes of the school board meeting, which were prepared by its secretary or by a stenographer employed by the board in attendance at the meeting of the board to contradict the recitals of the official minute books of the board, was error. 8. Declaratory judgments ? Teacher held validly dismissed. Where a teacher brought this action for declaratory judgment asking that her status as a teacher be declared, it was held that such judgment be entered declaring that the teacher had been validly dismissed.

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