Opinion
No. 24 January Term 1970, Docket No. 52,508. No. 18 June Term 1971, Docket No. 52,508.
Decided July 17, 1970. Decided August 27, 1971. Rehearing denied September 28, 1971.
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.
17 Mich. App. 368 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, 383 Mich. 661. 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
We granted rehearing in this case to reconsider the question which divided our Court and to weigh the effect of Goldberg v. Kelly (1970), 397 U.S. 254 ( 90 S Ct 1011, 25 L Ed 287) decided subsequent to our prior decision herein on the question of due process.
(1970), 383 Mich. 661.
We are satisfied that the Michigan statute properly interpreted fully satisfies the constitutional requirements of due process.
MCLA § 38.71 et seq. (Stat Ann 1968 Rev § 15.1971 et seq.).
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 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.
I adhere to the majority opinion and decision ( 383 Mich. 661). Nothing set forth in Goldberg v. Kelly (1970), 397 U.S. 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).