(DOWNLOAD) "Joseph Wang v. Board Education Chase" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Wang v. Board Education Chase
- Author : Supreme Court of Nebraska
- Release Date : January 14, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The plaintiff, Joseph Wang, a certificated teacher, was employed for the 1975-76 contract year by the defendant board of education.
On March 22, 1976, the defendant voted to terminate Wang's teaching employment at the close of the 1975-76 contract year.
Wang timely filed a petition-in-error with the District Court seeking an order reversing the school board's determination
to dismiss him on grounds that its action: (1) Exceeded the statutory authority of the board of education; (2) was made upon
unlawful procedures; (3) was not supported by competent, material, and substantial evidence contained in the record; and (4)
was arbitrary and capricious. The defendant filed a motion to dismiss Wang's petition alleging that Wang was a probationary
teacher whose contract could be terminated without a showing of just cause. On November 9, 1976, the District Court sustained
the defendant's motion. The plaintiff filed a motion for a new trial which was overruled and appeals from that ruling. We
affirm the judgment of the District Court. The sole question on appeal is a determination of the applicability of section 79-1254, R. R. S. 1943, to the plaintiff.
The plaintiff was first employed by the defendant on May 12, 1974, for the 1974-75 school year. On May 6, 1975, he entered
into his second teaching contract with the defendant for the 1975-76 school year. The defendant's position is that the plaintiff,
not having been employed for 2 years by the school district, was on probation at the time of his dismissal and that he could,
in full accordance with section 79-1254, R. R. S. 1943, be dismissed without just cause. The plaintiff's position is that
having been employed by the defendant prior to February 26, 1975, the effective date of the amended version of section 79-1254,
R. R. S. 1943, he could not be dismissed by the defendant without a showing of just cause, despite the fact that he had been
employed less than 2 years by the defendant.