James v. Big Beaver Falls Area School District
James v. Big Beaver Falls Area School District
Opinion of the Court
Opinion by
This is an appeal by Paul James from an order of the Court of Common Pleas of Beaver County which affirmed a determination of the Big Beaver Falls Area School District (District) holding that James’ suspension because of declining enrollment pursuant to Section 1125.1 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, (School Code) 24 P.S. §11-1125.1, was valid.
The relevant facts are not in dispute. James is a professional employee with the District and is certified to teach only Social Studies. Paulette Potter, who is black, is a professional employee with the District and is certified in Social Studies, Spanish and Elementary Education. James is senior to Potter who is in turn senior to at least one elementary school teacher who was not suspended. At the time relevant to this appeal Potter was teaching four classes of Spanish and two classes of Black Studies, a course which she developed. Robert Blythe is also a professional employee with the District and is certified to teach Social Studies. Blythe served twenty-
James argued below and now argues as well two alternative theories in which he asserts that the District improperly determined that he should be the employee suspended.
With respect to Potter, James asserts that because he is senior to her and because she teaches two classes of Social Studies for which he, too, is certified he should have been reassigned to teach those two classes.
More recently, in Gibbons v. New Castle Area School District, 93 Pa. Commonwealth Ct. 28, 500 A.2d 922 (1985), we recognized that realignment under Section 1125.1 must be based solely on seniority. In Gibbons the trial court affirmed the school boards decision to realign Gibbons from his position as a junior high school principal to the position of senior high school assistant principal. The specific facts as related in Gibbons were as follows:
In June of 1982, the board closed George Washington Junior High School (Washington), one of the two junior highs in the district at that time; the board transferred the seventh and eighth grade students from Washington to Franklin and the ninth grade students to [New Castle] Senior High. The boards decision to close Washington required a realignment of the secondary school administrators involving the abolition of two secondary administrators positions. Consequently, the board returned the two least senior secondary administrators to the classroom as teachers, and assigned the two most senior administrators, who had been the principal and assistant principal of Washington, to Franklin as its*324 principal and assistant principal. [Gibbons], who was the third most senior secondary school administrator, and who had previously been principal of Franklin, was appointed assistant principal of [New Castle] Senior High. The board retained Frank Dattilo, who ranked fifth on the seniority list for secondary school administrators, in his position as principal of the Senior High.
Id. at 30, 500 A.2d at 923. Although the school district maintained that it believed that senior high school administrative experience made Dattilo a better choice than Gibbons, we, in reversing the trial court, rejected the notion that the district had discretion in such matters noting that Section 1125.1, unlike former Section 1125, mandates strict seniority. Gibbons did not involve multiple certifications and distinguished Godfrey, noting that in Godfrey “there was no basis for mandating an alternative realignment . . . because the complaining teachers certification was different from that of the individual whose displacement he sought through the realignment process.” Gibbons, 93 Pa. Commonwealth Ct. at 37, 38, 500 A.2d at 926. Thus Gibbons recognized that in situations like Godfrey where the complaining teacher seeks to displace another teacher on the basis of the others certification in an area not shared by the complaining teacher, the Section 1125.1 provision of mandatory realignment based upon blind adherence to seniority only is not required.
In the Gibbons case the Court specifically noted that both Gibbons and the teacher he sought to displace possessed “qualifications officially certified to be equal.” Id. at 38, 500 A.2d at 927. In the instant case, unlike in Gibbons, the complaining teacher (James) attempts to use Potters Spanish certification, a credential he does not share with her, as a basis for displacing her. Thus
When such practicalities are considered, we note that Potter not only has multiple certification but also is actually teaching in more than one area of her certification. James is not certified in multiple areas. Thus if he displaces Potter he can do so only for two of her classes. And if, as James asserts, Potter can be reassigned to teach Elementary Education full-time
Having determined that the procedures below were not in violation of Section 1125.1 of the School Code and having further determined that no constitutional infirmity exists, we affirm the order of the trial court.
Order
Now, June 23, 1986, the order of the Court of Common Pleas of Beaver County, No. 437 of 1985 dated September 9, 1985 is hereby affirmed.
Section 1125.1 which was added by Section 3 of the Act of November 20, 1979, P.L. 465, provides in pertinent part:
(a) Professional employes shall be suspended under section 1124 (relating to causes for suspension) in inverse order of seniority within the school entity of current employment. Approved leaves of absence shall not constitute a break in service for purposes of computing seniority for suspension purposes. Seniority shall continue to accrue during suspension and all approved leaves of absence.
(c) A school entity shall realign its professional staff so as to insure that more senior employes are provided with the opportunity to fill positions for which they are certificated and which are being filled by less senior employes.
Section 7107 of the Act provides:
Whenever a reduction in force is necessary in any public position, or on public works of the Commonwealth and its political subdivisions, and personnel are discharged according to seniority, the number of years of service of any soldier shall be determined by adding his total years of service in the civil service or on public works to his total years of service as a member of the armed forces of the United States, or in any womens . organization officially connected therewith during any war in which the United States engaged.
Our scope of review is limited to determining whether there has been a constitutional violation or an error of law and whether the findings of feet are supported by substantial evidence. Platko v. Laurel Highlands School District, 49 Pa. Commonwealth Ct. 210, 410 A.2d 960 (1980).
We note that Section 1125.1 requires realignment to “positions.” Whether two classes out of six constitute a position was an issue that the trial court declined to reach. We are unable to reach it because it was not raised on appeal.
For cases decided under former Section 1125, which Section was devoid of an express mandate to realign with seniority as the controlling factor, see Platko; Tressler v. Upper Dublin School District, 30 Pa. Commonwealth Ct. 171, 373 A.2d 755 (1977); Smith v. Harmony Area School District, 16 Pa. Commonwealth Ct. 175, 328 A.2d 883 (1974). These cases also allow the districts to consider the practicality of realignment.
We are inclined to agree with the trial court that Section 1125.1 does not require realignment from secondary to elementary education. See Sto-Rox School District v. Horgan, 68 Pa. Commonwealth Ct. 416, 426, 449 A.2d 796, 801 (1982).
Dissenting Opinion
I dissent.
The area of certification at issue is Social Studies. There is no separate certification in the area of Black Studies. Appellant is the more senior teacher in this certification and, therefore, should not be suspended. While the rationale of the majority may be salutary, it is clear that Section 1125.1 mandates that suspensions be premised solely upon seniority. It is for the legislature, not the courts, to amend this statute, if necessary.
Reference
- Full Case Name
- Paul James, Appellant v. Big Beaver Falls Area School District, Appellee
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- 6 cases
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- Published