Amato v. Oxford Area Community School District No. 7

R. M. Maher, J.

(dissenting). I must dissent.

The majority has failed to quote and to consider a crucial section of the teacher’s tenure act. Article III of the act deals with "continuing tenure”. Section 1 of article III, MCLA 38.91; MSA 15.1991, begins:

"After the satisfactory completion of the probationary period, a teacher shall be employed continuously by the controlling board under which the probationary period has been completed, and shall not be dismissed or demoted except as specified in this act.”

*309Tenure comes upon satisfactory completion of the probationary period. Munro v Elk Rapids Schools, 383 Mich 661, 688; 178 NW2d 450 (1970) (dissenting opinion adopted on rehearing, 385 Mich 618; 189 NW2d 224 [1971]). Although the probationary period is usually two years, "a third year of probation may be granted by the controlling board upon notice to the tenure commission”. MCLA 38.82; MSA 15.1982. As authorized by statute, defendant board extended plaintiffs probationary period. The board timely1 notified the tenure commission and plaintiff of its decision to extend her probationary period.

Since the prerequisite for tenure is satisfactory completion of the probationary period, and plaintiff’s probationary period was legitimately extended to three years, she was not entitled to tenure after completion of two years as a teacher.

Plaintiffs position, accepted by the majority, would require the board to notify a teacher that his or her work has been unsatisfactory and that he or she will be allowed to teach another year. I do not think the statute requires this. "[T]he third year is for the benefit of the teacher, who may not have satisfied the board fully but who may have shown promise nonetheless.” Wilson v Flint Board of Education, 361 Mich 691, 695; 106 NW2d 136 (1960). Obviously, the board saw enough promise to rehire plaintiff.

When a teacher’s probationary period has been extended at least 60 days before the close of the school year, lack of the written statement to a *310teacher about his work does not mean that tenure should be granted. Even though "[f]ailure to submit a written statement shall be considered as conclusive evidence that the teacher’s work is satisfactory”, MCLA 38.83; MSA 15.1983, tenure comes with satisfactory completion of the probation period.

Should the board decide to extend the probationary period, the board should notify the tenure commission and the teacher of its decision at least 60 days before the end of the school year. Otherwise, a probationary teacher might be misled into believing that tenure had been obtained by satisfactory completion of the normal two-year probationary period.