Sheldon v. School Committee Hopedale Book Reviews

Sheldon v. School Committee Hopedale by Supreme Judicial Court of Massachusetts Book Summary

WAIT, J. This is a petition for mandamus to compel the defendants, the school committee of the town of Hopedale, to reinstate the petitioner as a teacher in the public schools of the town. The following facts are agreed. The petitioner, then unmarried, was duly elected by the school committee of Hopedale on July 12, 1922, as a grade school teacher. She was duly re-elected in the three years following and, by virtue of G. L. c. 71, § 41, was thereby employed in the schools of the town thereafter to serve 'at the discretion of the School Committee' subject to the provisions of law regarding termination of the employment. She continued in this employ until October 14, 1930, rendering constant and competent service and being of good moral character. The defendants have constituted the school committee of the town since April 23, 1930. On May 20, 1930, this committee unanimously voted to instruct the superintendent of schools to 'eliminate from our teaching force female married teachers.' This vote was taken without prior specific recommendation in regard thereto by the superintendent. At that time there were four married female teachers employed in the schools; one of them as music supervisor on part time with no particular class or class room under her supervision but engaged in going from class to class advising with the room teachers on music instruction, and, to a certain extent, giving instruction to the class as a group. On May 26, 1930, the petitioner was informed by the superintendent of the vote of May 20, and was invited to resign. This she refused to do. Since May 20, two of the four female married teachers have resigned; the petitioner has not resigned; and the fourth, having been re-elected by the defendants as music supervisor, continued her work -- the only married woman employed in the schools of Hopedale.

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