Munro v. Elk Rapids Schools
189 N.W.2d 224
Mich.
1971
Check Treatment

MUNRO v. ELK RAPIDS SCHOOLS

No. 52,508

Supreme Court of Michigan

August 27, 1971

Rehearing denied September 28, 1971

385 Mich 618

17 Mich App 368 reversed.

  1. SCHOOLS AND SCHOOL DISTRICTS-STATUTES-TEACHERS’ TENURE ACT-CONSTITUTIONAL LAW-DUE PROCESS.

    The Teachers’ Tenure Act properly interpreted fully satisfies the constitutional requirements of due process (MCLA § 38.71 et seq.).

  2. SCHOOLS AND SCHOOL DISTRICTS - PROBATIONARY TEACHER - TEACHERS’ TENURE - TEACHERS’ TENURE ACT.

    Under the Teachers’ Tenure Act, unless a probationary teacher is notified in writing that his work is unsatisfactory, upon completion of his probationary period, he is entitled to employment with tenure status with all of its specified rights and privileges (MCLA § 38.71 et seq.).

Appeal from Court of Appeals, Division 3, Quinn, P. J., and Holbrook and T. M. Burns, JJ., affirming Antrim, Charles L. Brown, J. Submitted March 11, 1970. (No. 24 January Term 1970, Docket No. 52,508.) Decided July 17, 1970. Submitted on rehearing June 22, 1971. (No. 18 June Term 1971, Docket No. 52,508.) Decided August 27, 1971. Rehearing denied September 28, 1971.

reversed.

Complaint by Scott Munro for writ of mandamus against the Elk Rapids Schools and the Board of Education of Elk Rapids Schools to compel defendant to employ him as a tenure teacher. Writ denied and complaint dismissed. Plaintiff appealed to the Court of Appeals. Affirmed. Plaintiff appealed. Affirmed,

. Rehearing granted. Reversed.

Foster, Lindemer, Swift & Collins (by James A. White and Lynwood E. Beekman), for plaintiff.

Zerafa & Zerafa (by Robert J. Kievit), for defendants.

Amici Curiae: American Civil Liberties Union of Michigan (by Erwin B. Ellmann).

American Civil Liberties Union (by Melvin L. Wulf, Legal Director).

ON REHEARING

PER CURIAM. We granted rehearing in this case to reconsider the question which divided our Court1 and to weigh the effect of

decided subsequent to our prior decision herein on the question of due process.

We are satisfied that the Michigan statute2 properly interpreted fully satisfies the constitutional requirements of due process.

For the reasons set forth in the minority opinion heretofore filed herein and reported at

, which is hereby adopted as the opinion of this Court, we hold that under the statute, unless a probationary teacher is notified in writing that his work is unsatisfactory, upon completion of his probationary period he is entitled to employment with tenure status with all of its specified rights and privileges.

Let mandamus issue as prayed.

T. M. KAVANAGH, C. J., and ADAMS, T. E. BRENNAN, T. G. KAVANAGH, SWAINSON, and WILLIAMS, JJ., concurred.

BLACK, J. (dissenting). I adhere to the majority opinion and decision (

). Nothing set forth in
, upon alleged strength of which the instant rehearing was ordered, is offended by our said decision. Indeed,
is not presently assigned as applicable to or for reversal of that decision.

My vote on rehearing is cast for affirmance of the judgment of the Court of Appeals (

.

Notes

2
MCLA § 38.71 et seq. (Stat Ann 1968 Rev § 15.1971 et seq.).