STATE EX REL. ROSAMUND L. DOUGLASS, APPELLANT,
v.
DUVAL COUNTY SCHOOL BOARD, APPELLEE
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A public school librarian sought a writ of mandamus to compel the Duval County School Board to grant her tenure. The court affirmed the trial court's denial, holding that the Duval County Teacher Tenure Act's term 'teacher' does not include librarians, as the statute clearly contemplates tenure only for those serving as classroom teachers.
The court held that the Duval County Teacher Tenure Act's provisions clearly contemplate that tenure is granted only to those who serve as classroom teachers. Librarians are not included within the statutory definition of 'teacher' entitled to tenure protection.
[1] The term "teacher" in a public school tenure act does not include librarians unless they also perform the duties of a classroom teacher.
[2] A writ of mandamus will not be granted when the petitioner fails to present evidence demonstrating their entitlement to the requested relief.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the term 'teacher' as contained in the Duval County Teacher Tenure Act does not include librarians”
The trial court's holding that the court affirmed, establishing that librarians are not covered by the tenure statute
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Join FLexlaw to unlock all legal intelligenceRosamund L. Douglass was a public school librarian in Duval County who requested a writ of mandamus to compel the School Board to grant her tenure. Th…
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WIGGINTON, Judge.
We affirm the trial court’s denial of the appellant’s Petition for Writ of Mandamus; we write this opinion to make clear the limited nature of our holding today.
Douglass, a public school librarian, requested the writ to require the Duval County School Board to grant her tenure. In his order denying relief, the judge held: “the term ‘teacher’ as contained in the Duval County Teacher Tenure Act1 does not include librarians.” In this appeal, Douglass has purposely limited our review to the question of whether this holding was erroneous as a matter of law. She has adamantly refused to present this Court with the facts and circumstances of her duties in the school system, arguing that testimony presented before the trial judge played no part in his ruling and that such testimony is immaterial to this appeal.
With the issue thus narrowed, it is apparent that the judge’s ruling was entirely correct. The Act clearly contemplates that the only employees to receive tenure will be those who serve as teachers. For example, Chapter 72-576, Section 1, Laws of Florida, specifies that tenure may be granted “principals, assistant principals, supervisors, deans, coaches and other certified personnel performing administrative duties” only while they also perform the duties of a classroom teacher. We are not asked to decide whether librarians fall into one of these categories. On the other hand, the appellant has not shown that librarians should be regarded differently so as to remove them from the “classroom teacher” requirement.
The parties have spent considerable energy arguing whether we should consider subsequent unrelated legislation as shedding light on legislative intent regarding the term “teacher” in the Act. We find such enlightenment unnecessary, given the plainly-worded provisions in the Act that clearly evince an intent to grant tenure only to those who teach. Because the record contains no evidence that Douglass is one who teaches, the trial judge did not err in failing to require the School Board to grant her tenure.
In passing, Douglass has attempted to point out numerous similarities between public school librarians and teachers. However, these assertions are not supported by record evidence.
Accordingly, judgment of the trial court is affirmed.
BOOTH and WENTWORTH, JJ., concur. . Ch. 21197, Laws of Florida (1941) as amended by Ch. 70-671 and Ch. 72-576, Laws of Florida.