Munro v. Elk Rapids Schools

Michigan Supreme Court
Munro v. Elk Rapids Schools, 189 N.W.2d 224 (Mich. 1971)
385 Mich. 618; 1971 Mich. LEXIS 213
Black, Kavanagh, Adams, Brennan, Swainson, Williams

Munro v. Elk Rapids Schools

Dissenting Opinion

Black, J.

(dissenting). I adhere to the majority opinion and decision (383 Mich 661). Nothing set forth in Goldberg v. Kelly (1970), 397 US 254 (90 S Ct 1011, 25 L Ed 2d 287), upon alleged strength of which the instant rehearing was ordered, is offended by our said decision. Indeed, Goldberg 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 (17 Mich App (368).

070rehearing

On Rehearing

Per Curiam.

We granted rehearing in this case to reconsider the question which divided our Court1 and to weigh the effect of Goldberg v. Kelly (1970), 397 US 254 (90 S Ct 1011, 25 L Ed 287) 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 383 Mich 661, beginning at 688, 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 employ*620ment 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.

(1970), 383 Mich 661.

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

Reference

Cited By
36 cases
Status
Published