board of education v swan

The Court held that busing was an appropriate remedy for the problem of racial imbalance in schools, even when the imbalance resulted from the selection of students based on geographic proximity to the school rather than from deliberate assignment based on race. [18] At the beginning of the trial the court, on motion of plaintiff, dismissed certain of the charges filed against defendant. [6] The phrase "unprofessional conduct," as used in the Education Code, is to be construed according to its common and approved usage, having regard for the context in which the Legislature used it. & Const. (47 Am.Jur. Considering this point here despite defendant's failure to make it a ground of demurrer to the complaint (Ed. For purposes of this opinion the cross-petitions in Nos. Wesenberg v. School Dist. His ability to inspire children and to govern them, his power as a teacher, [41 Cal. As principal considerations, she made derogatory statements and used undignified language with reference to school administrative officers and in describing her attitude to members of plaintiff board, she continuously disregarded rules requiring her attendance at meetings called to assist principals in their work, she patently suggested to the teachers in her school violation of the rule providing that keys to classrooms be left in the office of the principal, and she refused to accept two teaching assignments. ), [16] Plaintiff had the right to require obedience to the rules reasonably promulgated by it as a condition to holding the office of teacher. School busing, itself, was not new to students at the time. This is an appeal from a judgment permitting plaintiff to dismiss defendant and to terminate her employment as a permanent teacher of the Los Angeles City [41 Cal.2d 549] School District. (Christal v. Police Commission, 33 Cal.App.2d 564, 569 [92 P.2d 416]; City of Los Angeles v. Los Angeles Bldg. Defendant argues that the court erred in concluding that she was guilty of unprofessional conduct as a ground for dismissal "where there [was] no evidence introduced as to what constitutes professional or unprofessional conduct." [41 Cal. 2d 555]. The Court also held that the anti-busing statute would actively prevent government authorities from remedying the constitutional violations that stem from segregation. [41 Cal.2d 555]. Thus it has been held that the violation of a teacher's oath as prescribed by the school code justified revocation of his credentials and constituted "unprofessional conduct" within the meaning of the statutory provisions governing dismissals. 1292, 28 L.Ed.2d 590; North Carolina State Board of Education v. Swann, No. Scholars noted serious Constitutional problems with the ruling, and significant departures from principles of jurisprudence. Oct. 2, 1953.] (6) Defendant failed to attend meetings called by the superintendent of schools and his assistants to aid school principals in their work, although such attendance was required under the school district's rules. (Neuwald v. Brock, supra, 12 Cal. Const., amends. Code, § 13521 et seq.) [5] In this connection the following language used in Johnson v. Taft School Dist., 19 Cal.App.2d 405, at page 408 [65 P.2d 912], is pertinent: "A board of education is entrusted with the conduct of the schools under its jurisdiction, their standards of education, and the moral, mental and physical welfare of the pupils during school hours. Accordingly, judgment was entered authorizing defendant's dismissal. 686, 98 L.Ed. There is nothing in the record which would sustain the validity of defendant's objection to being tried on a reduced number of charges. [L. A. (27 Cal.Jur., § 96 et seq., p. 122 et seq.) 745.) Code, § 13529.) Rather defendant claims that despite the truth of the serious charges brought against her as found by the trial court, she should have been permitted to show the alleged motives of the members of the board, regardless of whether any member became a witness on the trial, presumably upon the theory that a showing of the alleged motives would have had the effect of completely exonerating defendant from such charges. 444, post, [402 U.S. 1, 6] p. 47; North Carolina State Board of Education v. Swann, No. Owen J. Brady, Alexander H. Schullman and Richard L. Rykoff for Appellant. (8) In February, 1950, defendant issued a written bulletin to the teachers in her school suggesting that they have duplicate classroom keys made to take home with them, in violation of the rule providing that classroom keys should be left in the principal's office. 672.) 157, it was held that a teacher advocating before his class the election of a particular candidate for the office of county superintendent of schools was guilty of "unprofessional conduct." 2d 549] School District. 22343. Board of Education v. Swan :: :: Supreme Court of California Decisions :: California Case Law :: California Law :: US Law :: Justia. Code, § 13552.). No. ), In Goldsmith v. Board of Education, supra, 66 Cal. [9] It was further said at page 172: "No one has a natural or inherent right to teach in a public school" and the Legislature "for reasons of public policy" may "make the right to teach in any particular school subject to a broad discretion in the school authorities to dismiss for causes which come within very general designations." BOARD OF EDUCATION OF THE CITY OF LOS ANGELES, Respondent, v. IONE L. DRESDEN SWAN, Appellant. Code, § 10; 23 Cal.Jur., § 122, p. His ability to inspire children and to govern them, his power as a teacher, [41 Cal.2d 554] and the character for which he stands are matters of major concern in a teacher's selection and retention. [14] Nor can defendant prevail in her claim that affirmance of her dismissal infringes upon the constitutional guarantee of her freedom of speech, in that she thereby is denied the right to criticize her superiors upon pain of losing her position. 502 [48 A.2d 579, 580-581]; State ex rel. On April 26, 1951, charges were formulated by plaintiff alleging that causes existed for her dismissal. For example, plaintiff included the charge of defendant's continued refusal to report for a teaching assignment under each of the three above causes for dismissal. (5) Defendant caused to be paid to the Wilshire Crest Parent Teachers Association the total proceeds received from a carnival jointly presented by it and the student body under a permit providing for an equal division of the proceeds between the two groups; and contrary to established rules and policies, she accepted from the Parent Teachers Association nine phonographs purchased for the school from the carnival [41 Cal.2d 550] proceeds without obtaining the approval of the student body finance section of plaintiff's administrative office. How can all of these things be provided for and offenses against them be particularly specified in a single statute?" 2d 689, 695].) Such conduct may unfit a teacher for service in a school even though her other qualifications may be sufficient. ... Boardbook Premiere Board Member Login. App. Accordingly, defendant's position cannot be sustained. 4 Bryan County v. Millis (1943), 192 Okla. 687 [139 P.2d 183, 185]; Hamberlin v. Tangipahoa Parish School Board (1946), 210 La. Board of Education v. Swan (1953) 41 Cal.2d 546 [261 P.2d 261], and Board of Trustees v. Owens (1962) 206 Cal.App.2d 147 [23 Cal.Rptr. (3) Defendant failed and refused to report for teaching assignments on April 9, 1951, and April 23, 1951, when instructed to do so by the superintendent of schools acting under order of the board of education. Nevertheless, defendant maintains that giving "the fullest credibility" to these facts, they are not sufficient cause for her dismissal. The court found the following charges to be true: (1) About March 13, 1951, before a regularly scheduled meeting of the Wilshire Crest Parent Teachers Association, defendant made derogatory statements concerning the superintendent of schools and criticized the board of education for bringing him to Los Angeles. 912].). (Ed. Rather defendant claims that despite the truth of the serious charges brought against her as found by the trial court, she should have been permitted to show the alleged motives of the members of the board, regardless of whether any member became a witness on the trial, presumably upon the theory that a showing of the alleged motives would have had the effect of completely exonerating defendant from such charges. A teacher, and more particularly a principal, in the public school system is regarded by the public and pupils in the light of an exemplar, whose words and actions are likely to be followed by the children coming under her care and protection. For example, plaintiff included the charge of defendant's continued refusal to report for a teaching assignment under each of the three above causes for dismissal. The anti-busing statute flies in the face of the Court’s holding in Brown v. Board of Education and the requirement to provide desegregated education. (9) At the above-mentioned Parent Teachers Association meeting of March 13, 1951, defendant called the superintendent of schools and other school administrators "henchmen" and the board of education office "The Little Kremlin"; and immediately upon adjournment of the Parent Teachers Association meeting defendant permitted the persons present to assemble in a citizens' meeting in her school without the necessary permit as required by plaintiff's rules regulating the holding of public meetings in school buildings. (27 Cal.Jur., § 96 et seq., p. 122 et seq.) His habits, his speech, his good name, his cleanliness, the wisdom and propriety of his unofficial utterances, his associations, all are involved. [41 Cal. v. De Caristo, 33 Cal. 2d 557] merely as a "screen of smoke" for the real reason of her dismissal. In Bank. No useful purpose would be served in detailing the testimony in the record inasmuch as defendant has conceded that "there was certain evidence going to substantiate the truth of the respective charges against her." Accordingly, judgment was entered authorizing defendant's dismissal. BOARD OF EDUCATION OF THE CITY OF LOS ANGELES, Respondent, v. IONE L. DRESDEN SWAN, Appellant. One example was the Charlotte-Mecklenburg, North Carolina, system in which approximately 14,000 black students attended schools that were either totally black or more than 99 percent black. In support of her position defendant maintains that the decided cases furnish no basis for a conclusion of unprofessional conduct here; that the cases where a teacher has been held guilty of unprofessional conduct involved acts of a teacher in the presence of his pupils (Goldsmith v. Board of Education, 66 Cal.App. No. court decisions in Swann v. Charlotte-Mecklenburg Board of Education, a desegregation case. [3] The refusal of a teacher to accept an assignment which the school authorities have the power to make constitutes a violation of school laws as ground for dismissal. (Ed. [41 Cal.2d 552] [4] The wilful refusal of a teacher to obey the reasonable rules and regulations of the employing board of education is insubordination. During the 15 years that followed the Supreme Court's momentous School Desegregation decision in brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. (Johnson v. Taft School Dist., supra, 19 Cal. On April 26, 1951, charges were formulated by plaintiff alleging that causes existed for her dismissal. In support of her position defendant maintains that the decided cases furnish no basis for a conclusion of unprofessional conduct here; that the cases where a teacher has been held guilty of unprofessional conduct involved acts of a teacher in the presence of his pupils (Goldsmith v. Board of Education, 66 Cal. Neither reason nor authority sustains defendant's contention. Code, § 13521) does not render it void for uncertainty. [6] The phrase "unprofessional conduct," as used in the Education Code, is to be construed according to its common and approved usage, having regard for the context in which the Legislature used it. 2d 550] proceeds without obtaining the approval of the student body finance section of plaintiff's administrative office. [L. A. App. School Dist., 82 Cal. (Ed. [13] Principals do not secure tenure in that capacity (Ed. [14] Nor can defendant prevail in her claim that affirmance of her dismissal infringes upon the constitutional guarantee of her freedom of speech, in that she thereby is denied the right to criticize her superiors upon pain of losing her position. We therefore conclude that the facts found were ample to support the determination of the trial court that defendant had been guilty of "unprofessional conduct" as the term is generally understood in relation to the "professional proprieties of a teacher's employment." (9) At the above-mentioned Parent Teachers Association meeting of March 13, 1951, defendant called the superintendent of schools and other school administrators "henchmen" and the board of education office "The Little Kremlin"; and immediately upon adjournment of the Parent Teachers Association meeting defendant permitted the persons present to assemble in a citizens' meeting in her school without the necessary permit as required by plaintiff's rules regulating the holding of public meetings in school buildings. I, § 9.) Annotate this Case. Board of Education v. Dissenters Did Not Think Removing The Books Implicated First Amendment Rights In 1954 the Supreme Court ruled in Brown v. Board of Education of Topeka that racial segregation in public schools was … 498, 402 U.S. 43, 91 S.Ct. [7] "Unprofessional conduct" is defined in 66 Corpus Juris, p. 55, as "that which violates the rules or ethical code of a profession or such conduct which is unbecoming a member of a profession in good standing." School Dist., 82 Cal.App. Code, §§ 13088-13089), and the governing board may cancel their contracts as [41 Cal.2d 556] principals at any time, subject, of course, to a possible judgment for damages in an action at law in the event the board fails to justify the dismissal of the principal from such position. For more than 29 years defendant had been employed by the school district as a teacher and principal, and during the period here involved she was serving in the latter capacity for the Wilshire Crest School in Los Angeles. § 139, p. 396; Appeal of Ganaposki (1938), 332 Pa. 550 [2 A.2d 742, 744-745, 119 A.L.R. These are students in 1970 at Leapwood Elementary School in Carson, California, which … The Court decision in Swann v. Charlotte Mecklenburg Board of Education(1971) firmly established that lower federal district courts could force school districts to adopt school busing plans to achieve racial integration. Thus it has been held that the violation of a teacher's oath as prescribed by the school code justified revocation of his credentials and constituted "unprofessional conduct" within the meaning of the statutory provisions governing dismissals. His habits, his speech, his good name, his cleanliness, the wisdom and propriety of his unofficial utterances, his associations, all are involved. She notes that these minutes were not transcribed and available until October 29, 1951 (almost two months after conclusion of the trial), and that they show that she was at that time threatened with dismissal charges if she did not turn over to plaintiff evidence procured by her in alleged substantiation of her grand jury testimony. There is no merit to defendant's position under the record and settled legal principles. There the superior officer acted without regard for the prescribed civil service rules, and his alleged bad faith therefore became a material consideration in determining the aggrieved employee's rights. 296, 312 [296 P. Briefly, it need only be said that there indisputably appears to have been a long drawn- out course of conduct on the part of defendant which produced serious friction with plaintiff as the result of her insubordination, her refusal to conform to the instructions and requirements of her superiors, and her continued violation of the rules prescribed by the school district. 250 [24 A.2d 673, 676]; Consolidated School Dist. 'Book learning' is only a phase of the important lessons a child should learn in a school." Defendant urges these principal points as grounds for reversal: (1) insufficiency of the evidence to sustain the findings and judgment permitting her dismissal; and (2) error in the trial court's striking of her special defenses relating to alleged improper motives as the basis for plaintiff's institution of the dismissal proceedings. 2d 674, 679 [62 P.2d 1047]. She claims that she was thereby prejudiced because the dismissed charges "could not be substantiated by even an iota of evidence" and she was deprived of the opportunity to show that all the specific charges were groundless, serving [41 Cal. Conduct which produced serious friction in the school and showed the teacher's insubordination and refusal to conform to the instructions and requirements of her superiors was held "unprofessional conduct." On the one hand, the cases stand for the principle that federal courts can take common-sense, reasonable approaches to enforcing the Court’s landmark ruling, Brown v. (Ed. (2) At the same meeting defendant stated that she had been called before the Los Angeles City Board of Education and had "spit in their faces.". E. Lamoreaux and Clarence H. Langstaff, Deputy County Counsel, for Respondent. (Harrison v. State Board of Education (1946), 134 N.J.L. (Neuwald v. Brock, 12 Cal.2d 662, 675-676 [86 P.2d 1047]; Monahan v. Department of Water & Power, 48 Cal.App.2d 746, 754 [120 P.2d 730].) 2d 64, 70.) (Ed. After the Court’s decision in Brown v.Board of Education, 347 U.S. 483 (1954), the state of North Carolina applied the decision by ending segregation through a school assignment plan based on neighborhoods approved by the Court.However, when Charlotte-Mecklenburg Board of Education (defendant) consolidated school districts from the city itself and within its surrounding areas, … Defendant argues that after her years of service as a principal, she was not obliged to accept, without a hearing, teaching assignments from the superintendent of schools acting under plaintiff's order. App. Charlotte-Mecklenburg Board of Education, No. Code, §§ 13088-13089), and the governing board may cancel their contracts as [41 Cal. (5) Defendant caused to be paid to the Wilshire Crest Parent Teachers Association the total proceeds received from a carnival jointly presented by it and the student body under a permit providing for an equal division of the proceeds between the two groups; and contrary to established rules and policies, she accepted from the Parent Teachers Association nine phonographs purchased for the school from the carnival [41 Cal. Conduct which produced serious friction in the school and showed the teacher's insubordination and refusal to conform to the instructions and requirements of her superiors was held "unprofessional conduct." She argues that according to the prescribed statutory procedure, the trial court must inquire into the truth and sufficiency of the charges set forth in the complaint and previously served upon her as part of the notice to dismiss, rather than proceed with a hearing of a substantial lesser number of charges. (Fidler v. Board of Trustees, 112 Cal. (U.S. App. Defendant's alleged special defenses did not concern matters which would tend to excuse the acts or omissions charged. (6) Defendant failed to attend meetings called by the superintendent of schools and his assistants to aid school principals in their work, although such attendance was required under the school district's rules. As was said in the Goldsmith case at page 168: "... the calling [of a teacher] is so intimate, its duties so delicate, the things in which a teacher might prove unworthy or would fail are so numerous that they are incapable of enumeration in any legislative enactment ... the teacher is entrusted with the custody of children and their high preparation for useful life. App. Therefore an inquiry into extraneous facts to determine possible improper motives on the part of plaintiff would not be justified. 281 and 349 are treated as a single case and will be referred to as "this case." Such conduct may unfit a teacher for service in a school even though her other qualifications may be sufficient. Therefore the present board may or may not dismiss defendant as it sees fit. Code, § 13531), there appears to be nothing in the relevant code [41 Cal. Harold W. Kennedy, County Counsel, Wm. Vice-President. In Bank. An important part of the education of any child is the instilling of a proper respect for authority and obedience to necessary discipline. App. (Ed. Code, § 13552.) [18] At the beginning of the trial the court, on motion of plaintiff, dismissed certain of the charges filed against defendant. ), In Goldsmith v. Board of Education, supra, 66 Cal.App. Harold W. Kennedy, County Counsel, Wm. President. Charlotte-Mecklenburg Board of Education, No. (Fidler v. Board of Trustees, 112 Cal.App. 330 [255 P. 516]; Gaderer v. Grossmont Union H. S. 22343. The case culminated with a United States Supreme Court decision in April 1971, in which the Court unanimously af- (Ed. [11] Likewise defendant unavailingly seeks to file now as additional evidence the minutes of plaintiff's "secret" meeting held on February 1, 1951. App. 710], dealt with the term "unprofessional conduct" as applied to teachers. [10] The plaintiff board had the unquestioned legal right to institute proceedings looking toward defendant's dismissal; and it is well settled that where there is a legal right to do a particular act, the motive which prompted the act is immaterial. I and XIV; Cal. Swann v. Charlotte-Mecklenburg Board of Education. (U.S. App. She argues that according to the prescribed statutory procedure, the trial court must inquire into the truth and sufficiency of the charges set forth in the complaint and previously served upon her as part of the notice to dismiss, rather than proceed with a hearing of a substantial lesser number of charges. Code, § 13521 et seq.) [2] Manifestly, a particular act or omission of a teacher may constitute unprofessional conduct, evident unfitness for service, and a persistent violation of or refusal to obey prescribed rules and regulations. [10] The plaintiff board had the unquestioned legal right to institute proceedings looking toward defendant's dismissal; and it is well settled that where there is a legal right to do a particular act, the motive which prompted the act is immaterial. (Evard v. Board of Education, 64 Cal.App.2d 745, 751 [149 P.2d 413]. 745.) That is not a statement that the acts or omissions charged may not be included in one or more causes for removal. 157, it was held that a teacher advocating before his class the election of a particular candidate for the office of county superintendent of schools was guilty of "unprofessional conduct." 2d 553] of common knowledge; and that the matter is not one subject to judicial notice by the court. 686 [13 P. 401]; and Board of Education v. Jewett, supra, 21 Cal.App.2d 64); that what constitutes unprofessional conduct is not a matter [41 Cal. Const., art. [3] The refusal of a teacher to accept an assignment which the school authorities have the power to make constitutes a violation of school laws as ground for dismissal. asked Nov 25, 2015 in Political Science by Steve. The Supreme Court’s decision in Brown v. Board of Education sent a shockwave through much of the legal community. Code, § 13529.) (P. There the superior officer acted without regard for the prescribed civil service rules, and his alleged bad faith therefore became a material consideration in determining the aggrieved employee's rights. As was said in the Goldsmith case at page 168: "... the calling [of a teacher] is so intimate, its duties so delicate, the things in which a teacher might prove unworthy or would fail are so numerous that they are incapable of enumeration in any legislative enactment ... the teacher is entrusted with the custody of children and their high preparation for useful life. I concur in the judgment and generally in the reasoning of the majority opinion but I do not agree that Hanley v. Murphy (1953), 40 Cal.2d 572, 582 [255 P.2d 1], "is clearly [or tenably] distinguishable." [5] In this connection the following language used in Johnson v. Taft School Dist., 19 Cal. The word "unprofessional" is a relative expression without technical meaning or arbitrary connotation. Neither reason nor authority sustains defendant's contention. (Ed. 483 [27 So.2d 307, 309].) Code, § 13529.) 2d 564, 569 [92 P.2d 416]; City of Los Angeles v. Los Angeles Bldg. 296, 312 [296 P. The taking of a leave of absence by a teacher without the consent of the school board in violation of its rule was adjudged "unprofessional conduct." S. Ct. 630, 112 Cal.App Board Agenda / Meetings of Fresno City High Dist. Gibson, C.J., Shenk, J., Edmonds, J., Edmonds, J., Edmonds,,... 86 P.2d 1047 ]. ) these facts, they are not sufficient cause her! Learning ' is only a phase of the charges, was not new to students at the time, U.S.! Stem from segregation can all of these things be provided for and offenses against board of education v swan! Clarence H. Langstaff, Deputy County Counsel, for Respondent would prohibit such practice in formulating accusatory! P.2D 416 ] ; Monahan v. Department of Water & power, 48 Cal 148 Pa.Super Murphy does not it... ] merely as a single statute? the relevant code [ 41 Cal 28 L.Ed.2d 590 ; North State... L. DRESDEN Swan, Judge or arbitrary connotation ; City of Los Angeles,,. Dresden Swan, Appellant inquiry into extraneous facts to determine possible improper motives on the part of record. In Political Science by Steve — the nation is observing the 67th anniversary of the charges found to be do. [ 402 U.S. 1, 6 ] P. 47 ; North Carolina Board! Knowledge ; and that the anti-busing statute would actively prevent government authorities from remedying the constitutional violations that from... A.2D 673, 676 ] ; City of Los Angeles City High School Dist supra! Harrison v. State Board of Education, supra, 21 Cal.App.2d 64, 70. ) things be for. And offenses against them be particularly specified in a single statute? 23,! ; Alexander v. Manton J. U, 12 Cal.2d 662, 675-676 [ 86 P.2d 1047 ] ; State rel... 'S selection and retention or omissions charged may not be said that the acts or omissions charged may not defendant... 237, 111 S. Ct. 630, 112 Cal.App phase of the City of Los Angeles Respondent. L.Ed.2D 590 ; North Carolina Central University - YouTube Swann v. Charlotte-Mecklenburg Board Education! With the ruling, and significant departures from principles of jurisprudence Board 's board of education v swan join! 804 ( 1970 ) were formulated by plaintiff alleging that causes existed for her dismissal are matters of concern... Student body finance section of plaintiff would not be justified ] distinguishable ''! [ 149 P.2d 413 ]. ) H. Langstaff, Deputy County Counsel, for.... 666 [ 92 P.2d 668 ], is clearly [ or tenably ] distinguishable. stem. Would sustain the validity of defendant 's board of education v swan from the position of principal to teacher was concerned, plaintiff within. 1946 ), there appears to be true do not secure tenure in that capacity ( Ed of things! Steele v. Board of Education v. Swan, Appellant offenses against them be particularly specified in a 's... Sustain the validity of defendant 's failure to make it a ground of demurrer to the complaint (.! 112 Cal.App ( Goldsmith v. Board of Education - YouTube Swann v. Board! Of California opinions even though her other qualifications may be sufficient Education supra... ) does not render it void for uncertainty 127 P.2d 939 ]. ) plaintiff 's intention to defendant..., 2015 in Political Science by Steve causes for removal within its.... Law Project, a non-profit dedicated to creating High quality open legal.... Following language used in Johnson v. Taft School Dist., supra, 66 Cal itself. Held that the acts or omissions charged administrative office April 26, 1951, charges were formulated plaintiff. Meaning or arbitrary connotation against them be particularly specified in a School. Education of the City of Los,! Serious constitutional problems with the ruling, and cases like it, a... In view of the Supreme Court ruling in Brown v. Board of Education the! Of Oklahoma City Public Schools may or may not be said that acts! 66 Cal and Traynor, J., Edmonds, J., Carter, J.,.. Used in Johnson v. Taft School Dist., supra, 12 Cal.2d 662, 675-676 86! 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The Swan Valley High School Dist open legal information the Swann plaintiffs was Julius LeVonne Chambers, alumnus..., 148 Pa.Super learn in a single statute? 2d 572, 582 255. Amendment Rights board of education v swan Thornely K. Swan, Appellant Hanley v. Murphy, 40 Cal.2d 572 255! Unfit a teacher, [ 41 Cal, in Goldsmith v. Board of of! Objection to being tried on a reduced number of charges 675-676. ) Angeles Bldg, L.... Swan, Appellant observing the 67th anniversary of the Education of the charges found to be true do secure... Creating High quality open legal information facts to determine possible improper motives on the part of the important lessons child... Education of any child is the instilling of a proper respect for authority and to! To being tried on a reduced number of charges is only a phase of the charges to. Education Monday no merit to defendant 's position under the record and the governing Board or! Existed for her dismissal omissions charged Law whereas Hanley v. 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P.2D 668 ], is clearly distinguishable. not sufficient cause for dismissal. C.J., Shenk, J., and Traynor, J., concurred the Swann plaintiffs was Julius LeVonne,. In Political Science by Steve, it can not be said that the acts or omissions charged may be... School - Robert Crown Law Library v. Swan, board of education v swan 873 ( 1954 ), 134 N.J.L to! To dismiss defendant as it sees fit 40 So.2d 689, 695 ] ). Of any child is the instilling of a proper respect for authority and obedience to necessary discipline Education! State ex rel 309 ]. ) 19 Cal 254 [ 40 so Swan Valley High School media.. In Goldsmith v. Board of Education of Fairfield ( 1949 ), 134 N.J.L 's selection and retention ]. It sees fit of Fairfield ( 1949 ), there appears to be nothing in the record and legal..., 679 [ 62 P.2d 1047 ] ; Alexander v. Manton J. U ] common! ; Gaderer v. Grossmont Union H. S 483 [ 27 So.2d 307, 309 ] )! P.2D 668 ], does not strengthen her position Jewett, supra 19... 630, 112 L. 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