Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-13
PRECEDENCE ISSUE
| IN TEACHING JOBS
ENDED BY RULING
Eligibles Absent on Leave
Precede kindergarten
"SurpIus" List.
BALLoU OBTAINS LEGAL
OPINION ON VACANCIES
superintendent Lays Current ReoF.
ganization Of School System Be-
fore Attorney Stephens.

Previously appointed teachers on
leave Of absence and still eligible for
disappointment will take precedence over
surplus kindergarten teachers who are
TO be transferred to elementary grades
one to four in accordance with the
desires of the House and Senate con-
fereeS, it was made known by DR.. Frank
w. Ballou, superintendent, following
his conference yesterday with Assist
ant Corporation Counsel Francis H.
Stephens.
appointment Rules Legal.
DR.. Ballou appealed to the corpora.
ton counsel for q legal opinion on
the order in which elementary vacan-
cies in the first four grades should
be filled, in view of the fact that there
are several groups of eligibles for each
available position. Referred to Mr..
Stephens by Corporation Counsel w.
w. Bride, Ballou laid before the at
torney the complete picture of the cur
rent reorganization Of the kindergarten
system and IN turn was advised by Mr..
Stephens that the Board of Education'a
rules governing appointments are per-
fectly within the law and must be
adhered to-
Hence, vacancies in the first four ele-
mentary grades will be filled, In general,
from the following groups.
/. Probationary teachers wfBoes APP
pointments may be made permanent.
2. Teachers eligible to be reinStated
from leave Of absence.
3. Graduates Of the Washington Nor
NAL Schol of the preceding June.
4. Graduates of the Washington Nor"
NAL Schools of the preceding i've years.
5. Former teachers who have pre-
viously resigned from the Washington
schools who are eligible under these
rules.
6.Persons on eligible lists as result
Of passing competitive examinations.
Surplus Teachers Provided For.
Since the kindergarten teachers, even
though they may be adjudged surplus,
already are in the service, they VIII be
transferred to the elementary vacancies
after eligible persons now on leave OF
absence are reinstated. Meanwhile, the
surplus" teacher. would be retained IN
the kindergarten system until an eles
n1entary vacancy which she Is capable
Of filling becomes existant. II Is not
the intention of Congress, nor OF any
school oficer or board member, DR.. Bal
lou explained today, to cause any per-
son to suffer the loss Of position.
Hence, the prestige which leave of abb
sence teachers hold over surplus kin
dergarten teachers, so far as elementary
appointments are concerned, can, at
most, result merely in delay in eff
fecting the general kindergarten re-
organization.
In flling elementary. grade vacancies
from the several available sources Of
eligible candidates, DR.. Ballou made
1t plain that he and his stan win at
tempt to sift into proper places per-
sons eligible for teaching positions In
other words, If kindergarten Is found
to be excessive by virtue of a too small
enrolment, and the teacher in charge
has not had SUFFICIENT training or the
kind of preparation, necessary to at her
for elementary grade work. she would
be transferred to another kindergarten
class whose teacher has that training
and that second kindergarten instructor
would be placed in the elementary
vacancy. 1t is even possible that the
school officials will set up a practice
of transferring surplus kindergarten
teachers only to second and third grade
elementary vacancies, in view. of the
fact that first grade work embraces
largely the teaching OF reading, q sub
ject which most kindergarten teachers
lack. If this course is adopted, the
school officials are within their legal
rights in the opinion given DR.. Ballou
by Mr.. Stephens, despite the fact that
in its last session Congress made every
kindergarten teacher legally eligible"
to teach in the first, second, third and
fourth elementary grades of the Sys-
tenn. This opinion is based on the
organic law which gives the Board of
Education authority to set up and act
upon all matters of policy" in the
administration of the public schools.
Questioned beard Members.
DR.. Ballou's conference with Mr..
stephens resulted from the action Of
the Board of Education at its first
meeting Wednesday, when Ballou had
asked the board to refer to its lawyer
members. DR.. Charles F. Carusi preSi-
dent, and Henry L. Gilligan, the follow
ing three questions:
IF vacancy falls in a kindergar-
ten, should the position be filled by the
reinstatement of a kindergarten teach
er now on leave, or by the transfer of
an available teacher from another kin
dergarten?
''If q vacancy occurs In grade one to
four, should the position be filled by the
reinstatement of an elementary grade
teacher now on leave, or by the transfer
Of an available kindergarten teacher?
IF vacancy falls In grades one to
four, should a kindergarten teacher on
leave or an elementary grade teacher
on leave have the prior claim to REM
statement In such position?
Gtlligan declined responsibility for
these opinions when it was pointed out
that DR.. Carusi would not be back in
Washington until September 81, and he
suggested the matter be referred to the