Norwich bulletin., 1915-01-12
an - MOlher-TeaCherS
 Not DismissibIe
FOR ABSENCE DURING PERIOD
 OF PROCUREMENT.
NEW YORK DECISION
By Commission of Edueatien-Rein- states Mrs. Bridget Pixiotte, Who Became a Mother While Absent Without Leave.

Albany, N. Y. Jan. 11.-A teacher may not be dismissed because she ao- sents herself from the public schools to bear a child, Commissioner John education decided today. The decision definitely determins the status of mother teachers in the state as, under existing laws, there is no appeal.
 Mother Reinstated.
 By the decision today Mrs. Bridget Peixotte a teacher of the Bronx, who became a mother while absent without leave, and who was dismissed by the New York city board of education for neglect of duty, was ordered reinstat- ed. Decisions in five other mother teacher appeals are expected soon.
 Mrs. Peixotte was dismissed in April, 1913. She carried her case to the courts and the court of appeals decid- ed the determination of the mother teacher question rested with the com missioner of education department.
 Absence ExcusabIe.
 BIr. Finley's decision declares that Mrs Peixotto's dismissal made it ap- parent that the purpose of the board of education and its officers was to adopt the policy of dismisslng from the ervice all women teachers who ab- sent themselves from their positions because of childbirth and to classify such absences as inexcusable." He then pointed out that a law providing that a woman teachers position auto matically became vacant when she married had been declared unconstitu- tionaI.
 Calls for Favorable Consideration.
 His conclusion was:
 That the board should have accept ed the natural corollary of it's policy, voluntary or enforced, of employing or retaining married women teachers and should have given at least as favor able consideration to an absence for childbirth as is normally given to ab- sences asked for reasons of personal convenience, or minor or grave illness or for purposes of study and travel. or of improving health
 Dismissal for general inefhciency, MT Finley held, would be warranted if be unable, after trial, to perform scEoo1 duties.
 Absence Due to Unavoidable Cause.
 But it is difficult to conceive" the decision read, "how a reasonable, un- wilfUl absence, due to natural unavoid- able cause, could be construed as neg lect of duty and it is difficult to un- darstand why an absence for the most creditable social reason should be so treated.
 Motherhood No Barrier.
 "As commissioner, would give every possible aid in my power to promote devotion to duty, zealous service and efficiency on the part of the teachers of the state. to prevent neglect of duty and insufhCiency and to eliminate in- competence, and I attribute only such high purposes to the board of educa- ton in it's action in this case. But l am of the clear opinion, which I am obliged to follow, that these ends and purposes will not be served by select ing, or seeming to select, for stigma or reproach sueh a reason for tempo rary absence from school duty as is offered in this case, or inferring. or seeming to infer, tneffciency from the mere fact of motherhood.
 If, as this honorable board appears to hold, married women teachers should ipso facto end their service on maternity, this alley (which 1 cannot believe sound in principle or whole some in practicel can be made possible only through legislation making it lawful to discharge, because of mar riage, teacher in service. Meanwhile it is the duty of the board to adopt a practice in accord with the cIear intent of existing law and in harmony with this decision.''
 The appeals in the six cases were argued early in December.