Crawford v. Board of Education

THE COURT.

Plaintiff filed his petition in the superior court seeking to compel the Board of Education of the City of Glendale to reinstate him as a teacher in the Glendale Junior College district and to compel the issuance of warrants for unpaid instalments of his salary. From a judgment in favor of defendants he prosecutes this appeal.

Plaintiff was employed as a teacher in the Glendale Junior College district, which has an average daily attendance of less than 850, for the school years 1929-1930 and was by the Board of Education classified as and became a probationary teacher. He served as such for three consecutive years. At the beginning of the fourth year, June 17, 1932, the board sent to him a form of contract in which it was stated that upon his acceptance thereof he would be classified by the board as a permanent teacher. Upon this contract, which was on a printed form, was a typewritten statement to the effect that it was a contract for “one-third time services only”. Plaintiff signed a written acceptance of this

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contract and returned it to the board. On September 20, 1932, the board sent a similar contract to plaintiff except that there was a typewritten statement to the effect that it was for “one-half time services only”. This contract also specified that upon plaintiff’s acceptance thereof he would be classified as a permanent teacher. Plaintiff also signed a written acceptance of this contract and returned it to the board. During the fourth year plaintiff rendered half-time services and at the beginning of the fifth year, on September 12, 1933, the board sent plaintiff a contract for the ensuing year in which it was stated that upon his acceptance of the contract he would be classified as a permanent teacher. On this contract there was typed the statement that it was for “one-fourth time services only”. Plaintiff signed a written acceptance of this contract and returned it to the board with a letter in the following language: “I am herewith returning my contract, properly executed by myself, accepting employment in the Glendale Junior College District, as a permanent Teacher. In order that there may be no misunderstanding about the matter, I wish to state that I hold myself in readiness to teach any number of classes in Aeronautics or any other subject offered at Glendale Junior College (I hold a general secondary credential), up to a full time loa« in the Glendale Junior College. It is my understanding that by teaching part time in Aeronautics only, that I in no way surrender my status as a permanent teacher in the Glendale Junior College.” During plaintiff’s first probationary year he taught mathematics, orientation, physics and aviation. During the second and third years he taught mathematics, orientation and aviation. During the fourth year he taught mathematics, orientation and aviation, but certain of his classes in mathematics and orientation were given to other teachers. During the fifth year he was restricted to aviation. During all of the fourth and fifth years there were employed in the district involved a number of probationary teachers some of whom were teaching subjects which plaintiff was certificated to teach. There has been no decrease in the enrollment or attendance of pupils in the district. No charges have been preferred against plaintiff. During all the years involved plaintiff has been duly certificated and qualified to teach all of the subjects offered in the school of the district. At the end of the fifth year plaintiff was notified that his services would not be required for the ensuing school year.