Opinion

State Ex Rel. Howard v. Ireland

  • 114 Mont. 488
  • 138 P.2d 569
  • 1943 Mont. LEXIS 37
Court
Montana Supreme Court
Filed
May 29, 1943
Status
Published
Author
Morris
On the bench
Anderson, Morris, Johnson, Erick, Son, Adair
Cited by
13 cases
Authority
More cited than 40.9%

The opinion

Mr. Justice Morris :

1 concur in the result of the foregoing opinion with some reluctance. Public schools are established and maintained primarily for the benefit of the pupils and the evidence adduced at the hearing before the county superintendent clearly establishes the fact that Mr. Howard’s usefulness as a teacher in the Belfry schools has been effectually destroyed. The testimony by a pupil that ninety per cent, of the high school students desired his dismissal was not materially discredited.

But before a teacher may be discharged for cause, he must be advised of the charges he will have to answer, reasonable notice of the time and place where a hearing will be had and likewise reasonable time in which to prepare his defense. If these things are done and good cause is shown at the hearing justifying such action by the board, the teacher may be discharged irrespective of the time his contract has to run. The case of

Kellison

v.

School Board,

20 Mont. 153 , 50 Pac. 421 , is directly in point here and is grounded on sound reasoning.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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