279 F. 990 | D.C. Cir. | 1922
Grace Coleman filed her declaration against the District of Columbia, in which she averred that the District had breached a contract with her as a teacher in one of the public schools, and she asked for damages. The District denied that it made the contract.
On September 14, 3920, Miss Coleman was advised by the assistant superintendent of schools that he had recommended her for a probationary appointment to a high school teacher ship, subject to a special examination by the health department of the District to determine physical fitness. On the next day, the board of education, acting on the recommendation, appointed the plaintiff to a probationary teachership in class 6-A, subject to the condition just mentioned. On the 17th of the same month the secretary of the board notified her of her appointment, and that she should appear and take the oath of office, but made no mention of the physical examination. Miss Coleman submitted herself to the examination. The school medical inspectors found that she was suffering from curvature of the spine, with resulting deformity of the chest, and other infirmities, but said that in their judgment she was capable of performing the duties of a probationary teacher, but not those of a permanent teacher. This report was laid before the health officer, who said that in his opinion Miss Coleman was not qualified to perform the duties of a teacher, because she would not be “able to stand the physical strain to which teachers are frequently subjected.” He added that, if she was appointed, she would be entitled to share in the benefits of the Teacher’s Retirement Act, which, he thought, in view of her ph}*sical condition, would he unfair to the District. In consequence the superintendent of schools, on September 21, same year, issued an order rescinding Miss Coleman’s appointment as a probationary teacher, and on October 6 following the board of education ratified the superintendent’s action. From a judgment against her, Miss Coleman brings the case here for review.
“That the qontrol of the public schools of the District of Columbia is liere1 y vested in a board of education. * * * No appointment * * * of iny * * # teacher * * * shall be made by the board of education, fxcept upon the written recommendation of the superintendent of schools. The board shall determine all questions of general policy relating to the schools. * * * The board shall appoint all teachers in the manner hereinafter prescribed.”
Nor may Miss Coleman invoke the doctrine that where an agent acts within the apparent scope of his authority, his principal is bound. The secretary had no authority, actual or apparent, to bind the board concerning the matter in hand, and could not have it under the statute. Of this Miss Coleman had at least constructive knowledge. See above authorities.
“No person shall be appointed a teacher * * * without first passing such physical examination as may be prescribed by the health officer.”
Section 29 of the same rules says that—■
“Examination of applicants * * * for appointment as teachers * * * to determine their physical fitness for *■ * * appointment will be made when requested by the board of education by * * * medical inspectors of schools detailed for that purpose by the health officer.”
Appellant is in all respects save health competent to fill a position as teacher in the public schools. She was graduated by her university with the degree A. B. magna cum laude, and appears to be a very deserving person. We regret, therefore, that the law constrains us to hold that, because of her unfortunate physical condition, she was not able to meet the condition imposed.
The judgment is affirmed, with costs.
Affirmed.