Andresky v. West Allegheny School District

437 A.2d 1075, 63 Pa. Commw. 222, 1981 Pa. Commw. LEXIS 1939
CourtCommonwealth Court of Pennsylvania
DecidedDecember 16, 1981
DocketAppeal, No. 208 C.D. 1981
StatusPublished
Cited by19 cases

This text of 437 A.2d 1075 (Andresky v. West Allegheny School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andresky v. West Allegheny School District, 437 A.2d 1075, 63 Pa. Commw. 222, 1981 Pa. Commw. LEXIS 1939 (Pa. Ct. App. 1981).

Opinion

Opinion by

Judge Mencer,

This is an appeal by John Andresky and others (appellants) from an order of the Court of Common Pleas of Allegheny County which affirmed the decision of the School Board of West Allegheny School District to suspend eleven teachers. We affirm.

On June 21, 1978, the School Board adopted a budget of 67 1/2 mills and voted against any teacher suspensions for the 1978-79 school year. At a special meeting held on June 30, 1978, the School Board rescinded this action, however, by decreasing the millage to 60 mills and establishing a teacher/student ratio of 1 to 22. The School Board then suspended seven professional employees and four temporary professional employees. After hearings held on October 5, November 9, and November 22,1978, the School Board issued an adjudication confirming the suspensions, which the lower court affirmed. This appeal followed.

Appellants first argue that the School Board violated their due process rights by failing to accord [224]*224them hearings prior to their suspensions. In order to invoke the requirements of procedural due process, however, appellants must initially demonstrate that they were deprived of an interest encompassed by the Fourteenth Amendment’s protection of liberty and property. Board of Regents v. Roth, 408 U.S. 564 (1972). Property interests “are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Id. at 577. Clearly, the seven professional employees here have a legitimate claim to continued employment secured by state statute. Section 1122 of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1122, provides that the contract of a professional employee may only be terminated for “immorality, incompetency, intemperance, cruelty, persistent negligence, mental derangement . . . [or] persistent and wilful violation of the school laws,” and Section 1124 of the Code, 24 P.S. §11-1124, states that professional employees may only be suspended because of a substantial decrease in pupil enrollment, curtailment of the educational program, or consolidation of schools. Therefore, the seven professional employees are entitled to due process protection.

The four temporary professional employees1 likewise have an enforceable expectation of continued employment. Dicello v. Riverside School District, 33 Pa. Commonwealth Ct. 39, 380 A.2d 944 (1977). Section [225]*2251108(a) of the Code, 24 P.S. §11-1108(a), provides that “ [n]o professional employe shall be dismissed unless rated unsatisfactory,” and subsection (b) of Section 1108 requires that a temporary professional employee be tendered a regular professional employee contract where he has been certified to be satisfactory. The continued employment of a temporary professional employee is thus not a matter of the school board’s unfettered discretion.

Having determined that due process applies to appellants, “the question remains what process is due . . . . [D]ue process is flexible and calls for such procedural protections as the particular situation demands.” Morrissey v. Brewer, 408 U.S. 471, 481 (1972). Notice and opportunity to be heard “must be granted at a meaningful time and in a meaningful manner.” Armstrong v. Manzo, 380 U.S. 545, 552 (1965). To ascertain whether the opportunity to be heard was provided at a time sufficiently meaningful to satisfy due process, we must balance the School Board’s interest in the form of procedure afforded appellants against the appellants’ interests in a more rigorous procedure. See, e.g., Goldberg v. Kelly, 397 U.S. 254 (1970).

Applying that test, we are satisfied that the post-suspension hearings complied with due process requirements. Certainly, appellants have a financial interest in assuring that the suspensions stem from one of the permissible grounds established in Section 1124 of the Code. The professional employees are protected, however, by statutory reinstatement rights. The School Board, on the other hand, has a strong interest in suspending employees where necessary because of a substantial decrease in pupil enrollment. Furthermore, the postsuspension hearings do not impair the liberty interests of appellants, since the sus[226]*226pensions are not for reasons that might stigmatize appellants, as charges of immorality or dishonesty might. Board of Regents v. Roth. On balance, we conclude that a postsuspension hearing comports with due process by providing a reasonable accommodation of the competing interests.2

Appellants next argue that the School Board suspended them for economic reasons, which are not permissible bases for suspensions under Section 1124 of the Code. Appellants contend that, since the enrollment data did not change between the June 21st and the June 30th meetings, the School Board was actually motivated by economic considerations in decreasing the millage and setting a teacher/pupil ratio. The record clearly shows, however, that over a five-year period the School District’s enrollment declined from 3,443 to 3,064 students. We are satisfied that this is a substantial decline in enrollment within the meaning of Section 1124(a), which therefore created the need for teacher suspensions.3 In view of this determination, th.e economic implications for the School District are not pertinent. See Platko v. Laurel [227]*227Highlands School District, 49 Pa. Commonwealth Ct. 210, 410 A.2d 960 (1980).

Appellants also assert that the School District did not correctly calculate seniority rights in making the suspensions. Appellant Frank Cole, who began employment in 1976, argues that his seniority is greater than that of Kathy Henkel, who began employment in 1966, since she took a maternity leave in the 1977-78 school year which caused her to lose all of her accumulated seniority. Appellant Dolores Augustin, who started in 1976, argues that her seniority is greater than that of Mary Jo Arbogast, who started in 1974, since Arbogast took a maternity leave during the 1976-77 school year which reduced her seniority to one year as of the suspension date.

Section 1125.1(a) of the Code, added by Section 3 of the Act of November 20, 1979, P.L. 465, 24 P.S. §11-1125.1 (a) provides: “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.” This section became effective after the suspensions in issue here. Prior to the passage of Section 1125.1, however, the Code contained no provision regarding the seniority rights of those who take approved leaves of absence, other than sabbatical leaves.4

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Bluebook (online)
437 A.2d 1075, 63 Pa. Commw. 222, 1981 Pa. Commw. LEXIS 1939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andresky-v-west-allegheny-school-district-pacommwct-1981.