Wattsburg Area School District v. Jarrett
Wattsburg Area School District v. Jarrett
Opinion of the Court
Opinion by
The Wattsburg Area School District (District) appeals from the order of the Court of Common Pleas of Erie County, which reinstated Suzanne Jarrett to her position as a middle school guidance counselor. Ms. Jarrett had previously appealed her furlough to the school board, which had affirmed the Districts decision.
As the District concedes, the facts in this case are not in dispute.
The Districts primary contention on appeal is that the common pleas court erred in concluding that, for reassignment purposes, the more senior employee must have the necessary certification at the time when the school board makes the reassignment decision in order to bump the less senior employee from the involved position.
In Pookman, which was a tenure case, we recognized that tenure is accorded by operation of law upon the completion of two years of service with no unsatisfactory rating from the district superintendent. Department of Education v. Jersey Shore Area School District, 481 Pa. 356, 392 A.2d 1331 (1978). And we have held that certification is a matter wholly outside of the control of a school district and that a district cannot anticipate certification decisions by the Department. Occhipinti v. Board of School Directors of Old Forge, 76 Pa. Commonwealth Ct. 516, 464 A.2d 631 (1983).
We held in Penzenstadler, however, in rejecting the argument of a suspended teacher that the school board should not have suspended him because he expected to receive an additional certification at some future time, that a school board is “required to rely on [the] record of certification as provided by the superintendent at the time of suspension.” Id. at 577, 403 A.2d at 624.
We believe, therefore, that the trial court correctly perceived the Districts legal error here and appropriately corrected it, and we will affirm the trial courts order.
And Now, this 11th day of August, 1986, the order of the Court of Common Pleas of Erie County in the above-captioned matter is affirmed.
Where, as here, the common pleas court took no additional evidence, our review is limited, inter alia, to determining whether or not the District abused its discretion, committed an error of law or violated Ms. Jarretts constitutional rights. Cadonic v. Northern Area Special Purpose Schools, 57 Pa. Commonwealth Ct. 42, 426 A.2d 186 (1981).
Inasmuch as we affirm the common pleas courts conclusion that the District erred legally on this basis, we need not determine whether or not the alternate grounds for reversal upon which the common pleas court ruled are valid.
Dissenting Opinion
Dissenting Opinion by
Respectfully, I must dissent because the date a teachers status is determined for purposes of suspension under the provisions of Sections 1124 and 1125.1 of the Public School Code of 1949 (Code)
In Penzenstadler v. Avonworth School District, 43 Pa. Commonwealth Ct. 571, 577, 403 A.2d 621, 624 (1979), we stated:
[W]e believe the Board was required to rely on appellants record of certification as provided by the Superintendent at the time of suspension. (Emphasis added.)
But the question which recurs is when was the teacher, Ms. Jarrett, suspended: at the time of the initial Board
The majority opinion, in explaining Pookman v. School District of the Township of Upper St. Clair, 80 Pa. Commonwealth Ct. 14, 470 A.2d 1110 (1984), reversed, 506 Pa. 74, 483 A.2d 1371 (1984) (plurality opinion), states that the Appellant has relied on our decision in Pookman that the effective date of the suspension is controlling. That is quite correct; but more importantly, I do not believe the Supreme Court disturbed that principle when it reversed our decision. The precise issue in Pookman, as resolved by the Supreme Court, was a determination of exactly when was the ef
Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §§11-1124, 11-1125.1. Section 1125.1 was added by Section 3 of the Act of November 20, 1979, P.L. 465.
In Penzenstadler the Board had deferred action on the suspension until July 12, 1976 because Mr. Penzenstadler had advised the superintendent that he expected to obtain additional certification in English. The resolution of the Board on June 23, 1976 pertinently read:
In view of the uncertainty as to his certification status, it is recommended the action on his suspension be deferred until the meeting of the Board of School Directors on July 12, 1976, by which time it is imperative that a decision be made by the Board of School Directors in order to complete properly the scheduling for the coming school year in both the junior high school and the senior high school. . . .
Id. at 573-74 n.3, 403 A.2d at 623 n.3.
Reference
- Full Case Name
- Wattsburg Area School District v. Suzanne Jarrett
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- Published