Commonwealth ex rel. Sherry v. Jenks
Commonwealth ex rel. Sherry v. Jenks
Opinion of the Court
Opinion by
The relator applied for, and obtained, a writ of alternative mandamus directed to the defendants, requiring them to show cause why they should not “ certify the name and grade of your petitioner Margaret T. Sherry, as supervising principal of the said John Moffet mixed grammar and primary school, to the controller of the city of Philadelphia and approve her selection as such.” The respondents made answer to the writ, submitting to the court three reasons why they ought not to be commanded to make the certificate asked for. These were, first, that the relator had not shown herself to have the amount of approved experience as a teacher in the schools of the city required by the rules of the board of public education; second, the opinion of the board that the supervising principal in schools in which boys are taught in the grammar grades should be a man; and, third, that the John Moffet school had been changed in grade by recent action of the board so that a supervising principal was not necessary to the equipment of the school. We do not deem it necessary to enter upon a discussion of the reasons thus urged upon the attention of the court below, nor of' the extent of the change in the eligibility of women to offices of “control or management under the school laws of the state” by virtue of sec. -3, art. 10, of the constitution. It will be sufficient to state briefly the conclusions we have reached, and that disposes finally of the plaintiff’s contention in this case.
Second. The rule requiring five years of approved experience as a teacher, is a rule the evident purpose of which is to secure a familiar acquaintance with the system of instruction in actual use in the city on the part of all supervising principals. This is a reasonable rule. In its application there is no hardship in requiring that this experience shall be certified to by the superintendent in office at the time the selection or appointment is to be made, so far as his term of service extends over the years of experience required by the rule.
Third. The regulation of the grade of schools and the transfer of a school from one grade to another is within the powers, and it is among the duties, of the board. When, and under what circumstances, a given school shall be transferred from one class to another is a subject to be considered upon the circumstances affecting the school at the time, and to be determined in the exercise of a sound official discretion. Over the results of the exercise of such discretion we have no supervisory control, unless it clearly appears that there has been an abuse of discretion in the particular case brought to our attention.
Fourth. We do not see that the question of sex is an important one in the determination of this case. No woman should
These conclusions require us to affirm the order of the court below refusing the peremptory writ.
Reference
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- School law — Discretion of board of education. The courts have no supervisory control over the exercise of the discretion of the board of education of Philadelphia, unless it clearly appears that there has been an abuse of discretion in the particular case brought to the attention of the court. Mandamus — Qualification of supervising principal. A writ of mandamus commanding the board of public education of the city of Philadelphia to certify the election of a supervising principal is properly refused where the respondents aver in their return to the alternative writ that, at the time of their refusal, relator had not had five years approved experience as a teacher in the public schools. A rule of the board of public education requiring of an applicant for the position of supervising principal five years of approved experience as a teacher, and that this experience shall be certified to by the superintendent in office at the time the appointment is to be made, is a reasonable rule. Regulation of grade of schools — Transfer of schools. The regulation of the grade of schools and the transfer of a school from one grade to another, are within the discretion of the board of public education, and this discretion will not be reviewed by the courts, except in cases of manifest abuse. Women as supervising principals. It does not follow, because a woman is eligible to the office of supervising principal, under article x, § 3, of the constitution, that the board of public education is bound to elect her to that position, because she is a candidate. Her eligibility does not take away or limit the discretionary powers of the boai’d in determining who should be appointed. There maybe several applicants for the place equally eligible under the law and the rules of the board relating to qualifications and experience; and yet there may be good reasons growing out of personal habits or peculiarities, out of the state of health, the temperament, the skill and success in the government of pupils, or other differences known to the board to exist between them, that should determine their choice decidedly, and lead to the selection of one in preference to all others. Por a choice so made they are not bound to give a reason to the disappointed applicants; and if one of them is a woman, it by no means follows that her sex is the ground for her failure: Per Williams, J.