Brumbaugh v. Board of School Directors
Brumbaugh v. Board of School Directors
Opinion of the Court
Opinion by
Patricia Brumbaugh (petitioner) has appealed from a decision of the Secretary of Education affirming the order of the Tussey Mountain School District (Tussey Mountain) which denied petitioner reinstatement as a reading teacher and coordinator. We affirm.
Prior to the beginning of the 1977-78 school year, petitioner requested and received a one-year leave of absence from her tenured position with the Hunting-don Area School District (Huntingdon). Tussey Mountain then hired petitioner as a reading specialist and coordinator for a one-year term. Although petitioner had never submitted a resignation to Hunting-don, she notified the Tussey Mountain School Board, on July 10, 1978, of her intention to remain at Tussey Mountain. On August 2,1978, Tussey Mountain voted not to reemploy petitioner, and she thereupon resumed employment with Huntingdon for the 1978-79 school year.
Petitioner argues that Tussey Mountain is attempting to circumvent the tenure system of the Public School Code of 1949 (School Code)
Petitioner relies on Section 1108(b) of tte Sctool Code, 24 P.S. §ll-1108(b), wtict provides: “No professional employe wto tas attained tenure status in any sctool district of ttis Commonwealtt stall ttereafter be required to serve as a temporary professional employe before being tendered [a regular contract of employment] wten employed by any otter part of tte public sctool system of tte Commonwealtt.” Alttougt ttis section deals witt tte permanency of tenure status, we do not conclude ttat it was intended to address tte unique problem engendered by a professional employee wto seeks to invoke tenure in one sctool district wtile on leave of absence and tenured in anotter.
Tte statute must be read in ligtt of tte reasons for its enactment. Tte purpose of tte tenure provision was to foster an atmosptere of job security for teacb
Petitioner maintains that certain policy considerations are promoted by a finding in her favor. She argues that, if the Tussey Mountain position is upheld, school districts will- be able to evade the School Code tenure provisions by issuing one-year contracts to professional employees. Our holding, however, is much more limited. We merely sanction the hiring of a professional employee for a limited term in those cases in which the teacher is on leave of absence and has retained tenure rights elsewhere.
Moreover, this interpretation of the tenure provisions is supported by sound public policy. A teacher should not be allowed to foist himself into a permanent position without first terminating his association with another school district. A contrary holding would lead to “tenure shopping” and disrupt the smooth maintenance of an adequate teaching staff among school systems. Furthermore, school districts would be reluctant to accept teachers on sabbatical leaves from other schools if the teachers could later assert the right to permanent positions in their districts. Professional employees would then be deprived of the beneficial opportunity of teaching in other districts for health and study purposes under Section 1166 of the School Code, 24 P.S. §11-1166.
Accordingly, we enter the following
Order
And Now, this 11th day of December, 1980, the order of the Secretary of Education, dated September 10, 1979, affirming the decision of Tussey Mountain School District not to reinstate Patricia Brumbaugh, is affirmed. . •
. Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §1-101 et seq.
The chief distinction between a “temporary professional employee” and a “professional employee” is that a temporary professional employee lacks tenure and certification. Phillippi v. School District of Springfield Township, 28 Pa. Commonwealth Ct. 185, 367 A.2d 1133 (1977).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.