Full title: JOHN P. McGRAW, PLAINTIFF-APPELLEE, v. IBERIA PARISH SCHOOL BOARD…
Court: Court of Appeal of Louisiana, Third Circuit
Case No. 4912.
Date published: Jun 17, 1975
Facts:
John P. McGraw filed a lawsuit against the Iberia Parish School Board, seeking a writ of mandamus to compel the board to return him to his former position as assistant superintendent of schools. McGraw alleged that he had served in that position until he took a sabbatical leave, as permitted by law. He contended that under Louisiana law (LSA-R.S. 17:1182), he was entitled to be reinstated to his former position after his sabbatical leave.
Issue:
The main issue is whether McGraw was entitled to be reinstated to his former position as assistant superintendent of schools for Iberia Parish after taking sabbatical leave, as provided by Louisiana law (LSA-R.S. 17:1182).
Decision:
The Court affirmed the judgment of the trial court, holding that McGraw was entitled to be reinstated to his former position. The Court reasoned that McGraw met the definition of a teacher under Louisiana law, as he was an employee of the parish school board, held a teacher’s certificate, and his employment required such a certificate according to the regulations of the Department of Education. Therefore, McGraw was entitled to the protections and benefits afforded to teachers under the law, including the right to be reinstated to his former position after sabbatical leave. Consequently, the Iberia Parish School Board was ordered to reinstate McGraw as assistant superintendent of schools for Iberia Parish.