The San Francisco call., 1904-02-17
DEFINES STATUS
OF A TEACHER
City Attorney Long Renders
Opinion Affecting Tenure of
Probationary PedagOgues
FORMAL ACTION REQUIRED
Board of Education Must Adopt
Resolution Electing Them
Regular Tutors in Department

City Attorney Long advised Superin-
tendent of Schools Langdon yesterday
that the election of a teacher in the
public school deDartment for proba-
tionary term of three years does not
make her a regular teacher unless
formal resolution to that effect is
adopted by the Board of Education
The opinion affects the tenure of a
large number of teachers. who having
served their probationary period OF
three years in a satisfactory manner
were continued in their positions as
regular teachers without any further
formal action of the Board of Educa-
ton. In his opinion Long says:
You are advised that a resolution Of the
Board of Education is necessary at the explra-
tion of the probationary term to constitute the
teacher regular teacher in the department
Upon such election the teacher can only be re-
moved in accordance with the provisions OF
section 1913 Of the Political Code after con-
viction upon charges properly preferred.
The Supreme Court of the State has con-
cluded in two leading cases that the power
conferred by the statute upon boards OF educa-
ton in cities is without restriction as 10 the
term Of employment and that under II
teacher may be employed for a dennite term
to be fixed by the board. When the board mas
employed teacher for year the court says
ut would b absurd to say that it could not dis
pense with the services of such teacher at the
end of the year"
In the light of the statue so construed the
conclusion is forced upon Us that the employ
ment of teachers by the Board of Education
of San Francisco under the terms of its rule
the subject must be held TO be a limited
employment to continue for three years dur
ing which time the teacher is probation. If
at the end of that time the teacher shall have
satisfied the board Of her ability to discharge
the duties of teacher in the department she
may be elected regular teacher therein other
wise she is subject to discharge. Judge Sea-
we'll has held in the case of Arguello versus
the Board of Education that nothing In sec
strued TO prevent the Board Of Education from
removing teachers holding only special GER
tiicates or serving a probationary term
There are about $50 teachers" said
Superintendent Langdon, who will
have to be elected by resolution Of the
board. After the charter went into ef-
feet a large number of probationary
appointments was made. but of these
only sixteen teachers were formally
elected at the expiration of their proba-
tionary terms. The same action must
be taken with the others TO make their
tenure secure.
THE effect of the opinion" said Pres
ident Roncovieri of the Board of Edu-
cation, will be that after q teacher has
served her probationary term she may
be dropped from the department il in
the opinion of the board she has been
found unsatisfactory in the perform
ance of her duties. In other words,
electing teacher for probationary
period is tantamount to making a con-
tract with her for a stated period,
which contract ends unless the board
desires to renew it"