Altoona Area Vocational-Technical School v. Pollard
Altoona Area Vocational-Technical School v. Pollard
Opinion of the Court
This is an appeal by the Altoona Area Vocational Technical School (AAVTS) from an order of the Court of Common Pleas of Blair County reinstating Patrick T. Pollard as a professional employee of AAVTS and awarding him back pay and benefits. The common pleas court found Pollard was improperly suspended under Section 1124 of the Public School Code of 1949 (School Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1124. We agree and affirm.
Pollard commenced his employment with AAVTS in August, 1976, and began his teaching duties on September 7, 1976. He was specifically hired to teach a welding class for the disadvantaged that AAVTS commenced due to the availability of federal funds. Pollard started the 1976-1977 school year under an emergency teaching certificate issued by the District Superintendent. He did not receive his intern teaching certificate from the Secretary of Education until November, 1976. He taught the disadvantaged welding class during the 1976-1977 and 1977-1978 school years and received satisfactory ratings throughout that time. On June 26, 1978, the AAVTS Director was informed by the Depart
In this appeal, we are called upon to determine (1) whether Pollard was a tenured professional employee under the School Code and, if so, (2) whether the AAVTS properly suspended him under the provisions of the School Code.
A temporary professional employee does not become a tenured professional employee until he or she completes two years of satisfactory service as a temporary professional employee. Section 1108(b) of the School Code, 24 P.S. §ll-1108(b). In Department of Education v. Great Valley School District, 23 Pa. Commonwealth Ct. 423, 352 A.2d 252 (1976), we interpreted 24 P.S. §ll-1108(b) to provide tenure to a teacher who receives four satisfactory ratings over a two-year period and provides proof he or she was entitled to a temporary certificate at the beginning of that two-year period. There is no dispute Pollard had acquired the four necessary satisfactory ratings during the two-year period from August, 1976, through August, 1978. The only dispute is whether he was entitled to a temporary certificate in August, 1976, the beginning of that period.
When Pollard commenced his employment with AAVTS in August, 1976, he did not possess an intern certificate issued by the Department of Education. That certificate was not issued until November, 1976. The lack of that certificate in August, 1976, however, is not
Section 1124 of the School Code allows districts to suspend a tenured professional employee for one of four reasons:
1. A substantial decrease in pupil enrollment in the school district.
2. Curtailment or alteration of the education program on recommendation of the superintendent, concurred in by the board of school directors, approved by the Department of Public Instruction, as a result of substantial decline in class or course enrollments or to conform with standards of organization or educational activities required by law or recommended by the Department of Public Instruction.
*230 3. Consolidation of schools, whether within a single district, through a merger of districts, or as a result of joint board agreements, when such consolidation makes it unnecessary to retain the full staff of professional employees.
4. When new school districts are established as the result of reorganization of school districts pursuant to Article II, subdivision (i) of the School Code, and when such reorganization makes it unnecessary to retain the full staff of professional employees.
The AAVTS findings dated August 30, 1978 contained stipulations of the parties that none of the above reasons existed and that Pollards suspension was due totally to AAVTS eliminating the disadvantaged welding program due to a lack of federal funding for that program. The elimination of federal funding for a particular program is not one of the four reasons for which a district may suspend a tenured professional employee and Pollards suspension would seem improper under the stipulated facts.
AAVTS, however, now comes before this Court and attempts to construe a letter it received from the Department of Education as a de facto approval to eliminate the disadvantaged welding program. While a party normally is bound by stipulations to which it is a party, such a stipulation is not binding if the facts presented conflicted with the stipulation. Conyer v. Borough of Norristown, 58 Pa. Commonwealth Ct. 629, 428 A.2d 749 (1981). AAVTS argues the Department of Educations letter of June, 1978, wherein the Department disapproved of the way AAVTS ran its disadvantaged welding program and informed AAVTS the program would not be funded for the 1978-1979 school year was a de facto approval to eliminate the program and conflicts with the prior stipulation that no such approval was
In that we have determined AAVTS improperly suspended Pollard from his position as a professional employee, we need not reach the issue of whether AAVTS properly determined his seniority before it suspended him. We shall affirm the common pleas court.
Order
Now, January 16, 1987, the Order of the Court of Common Pleas of Blair County at Docket No. 625, June Term 1978, dated February 6, 1986, is hereby affirmed.
Judge Palladino dissents.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.